180 days - calendar year or no?

[starlucia]

Folks... WTF. I know this topic has been beaten to death on this forum, but after combing through old threads and gov't websites, I no longer have any idea what to make of the "180 days per year" tourism rule. I had initially assumed that the 180 days were counted back from most recent date of departure (for example, if you depart the country on December 25, 2010, you can't have exceeded 180 days since December 25, 2009.) Then I found an old-ish post that suggested the law was 180 days in any calendar year (which would save me a huge headache at Ezeiza in January...) And yet, when I consult the Migraciones website, I see no mention of 180 days anywhere at all. I searched the threads for a link to a government document clearly stating the terms, but couldn't find one. The 90-day visa rule doesn't matter, as I've only extended once and never overstayed, but this per-year maximum is another story. Thanks, kids.

 

[French jurist]

There's no 180 days rule per se, in fact with the new decreto, migraciones can even stir trouble at 20 or 47 days (days don't matter) :
See this post
http://baexpats.org/expat-life/10781-changes-permatourists-9.html#post75468


Now it's true that somehow the 180 days rule exist since a turist is initially given 90 days, and usually can renew for an additional 90 days so all in all, a turist can usually stay for 180 days (assuming this turist would renew his visa on the 90th day of the first visa).

 

[citygirl]

The maximum stay rule doesn't exist and never has. You can only be in the country 180 days and then you must leave. However, there is no decree that states a maximum length of stay per calendar year (a la Brazil).

So many people have legally(IMO) utilized this loophole and left the country after 180 days days for a day or two and then returned to Buenos Aires.

If you haven't overstayed, you won't have any issues when leaving in January and there are no fines or penalties.

 

[A&A]

he maximum stay rule doesn't exist and never has. You can only be in the country 180 days and then you must leave. However, there is no decree that states a maximum length of stay per calendar year (a la Brazil).

So many people have legally(IMO) utilized this loophole and left the country after 180 days days for a day or two and then returned to Buenos Aires.

This sounds like the bar equivalent of: "You don't have to go home, but you can't stay here" Thanks for clearing up this confusion. (although I am sure there is at least another 162 posts to follow that will sufficiently "muddy the waters" enough to lead to another thread being started in 4 weeks.)

 

[Bajo_cero2]

The immigration inspector have free will to decide about it. The best would be that you renewal your staying at the DGM building. Regards

 

[citygirl]

I would actually say that I would do the exact opposite of bajocero's advice. The only time I've heard of people having problems is when the went the Migraciones & renewed their visa in country - apparently some received "ulitma porroga". I know of no one who received that when crossing a border.

It's irrelevant to the OP however, since she stated she hasn't overstated and was merely concerned about having been in Argentina for more than 180 days total in a 365 day period.

 

[Liam3494]

Thanks to people for finally putting to bed this myth that the new decreto actually states the 180 days in one year. I read it all when it was published, and nowhere does it state that, despite numerous posters on here stating that this was now the law. All the new law does is give the state the legal authority to make a decision on your status, on a case by case basis, and as Bajo Cero says, gives the inspector the authority to make a decision.

 

[steveinbsas]

A tourist visa is valid for 90 days and may be extended once (prior to expiration) for 90 days at the office of migraciones. This is known as the prorroga de permanencia (extension of stay). They have started issuing the "ultima prorroga" to those who go there with just a few 90 day "tourist visa" stamps in their passports, even if it's the first time they have gone to migraciones for the extension

If you are living in Argentina more than 180 days of the year you are "supposed" to have at least a temporary resident visa, but if you are here for six months, leave the country for (at least) a couple weeks there doesn't seem to be a problem reentering and getting a new 90 day visa...at least not yet.

I've never heard or read that any of the agents at the ports of entry are calculating whether or not someone had more that 180 days in any 12 month period, but that doesn't mean they won't do so in the future.

 

[starlucia]

It's irrelevant to the OP however, since she stated she hasn't overstated and was merely concerned about having been in Argentina for more than 180 days total in a 365 day period.

Yes, thank you -- the 90-day extension thing has been answered to death, but I'm referring to frequent tourists/part-time residents (for example, 1 month in Argentina, then the US for 2 months, 1 month in Argentina, 1 month in the US, 3 months in Argentina, 3.5 months in the US.) I fly back to BA from Miami in early Dec, and around Dec. 20, I'll hit 180+ days in Argentina if the agent counts back to the same day in Dec. '09. So I just wanted to make sure I wouldn't run into trouble either boarding at Miami, leaving Ezeiza in late January, or at a land border should I want to travel during the holidays (yes, I'm neurotic ). But it sounds like I should be OK.

 

[steveinbsas]

Yes, thank you -- the 90-day extension thing has been answered to death, but I'm referring to frequent tourists/part-time residents (for example, 1 month in Argentina, then the US for 2 months, 1 month in Argentina, 1 month in the US, 3 months in Argentina, 3.5 months in the US.) I fly back to BA from Miami in early Dec, and around Dec. 20, I'll hit 180+ days in Argentina if the agent counts back to the same day in Dec. '09. So I just wanted to make sure I wouldn't run into trouble either boarding at Miami, leaving Ezeiza in late January, or at a land border should I want to travel during the holidays (yes, I'm neurotic ). But it sounds like I should be OK.

I don't think you have anything to worry about!

(You are not "abusing" the tourist visa.)