A question about citizenship, please

[camel]

I found what I think is the applicable law for citizenship, including the part that says two years residence is not required if you are married to an Argentine. It is part of Decreto No. 3213/84. Here are two links of the same decreto, one is PDF, one is HTML:

https://www.acnur.org/fileadmin/Documentos/BDL/2002/0050.pdf?view=1
http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25471/norma.htm

If you look at Articulo 3, it outlines the 3 main requirements:

a) tener dieciocho (18) años de edad cumplidos
b) residir en la República dos (2) años continuos
c) manifestar ante los jueces federales su voluntad de serlo.​

However, it continues with the following exceptions to the two year residency requirement. Most don't apply to you, but (f) does:

También podrán obtener la naturalización cualquiera sea el tiempo de su residencia los extranjeros que acrediten las siguientes circunstancias:

a) haber desempeñado con honradez empleos en la Administración Pública Nacional, Provincial o Municipal o en el Territorio Nacional de la Tierra del Fuego, Antártida e Islas del Atlántico Sur, dentro o fuera de la República.
b) haber servido en las Fuerzas Armadas Argentinas o haber asistido a una acción de guerra en defensa de la Nación.
c) haber establecido en el país una nueva industria, introducido una invención útil o realizado cualquier otra acción, que signifique un adelanto moral o material para la República.
d) hallarse formando parte de las colonias establecidas o que se establecieren en cualquier punto del país.
e) habitar o promover el poblamiento del Territorio Nacional de la Tierra del Fuego, Antártida e Islas del Atlántico Sur.
f) tener cónyuge o hijo argentino nativo.
g) ejercer la docencia en cualquiera de sus ramas.​

Take note of (e) - it says if you inhabit or promote the settlement of the National Territory of Tierra del Fuego, Antarctica and South Atlantic Islands, the two year requirement doesn't apply. Does this mean if one moves to Ushuaia, the two year requirement is gone?

 

[Saninmdz]

Camel,

Thank you so much for taking time and typing your useful answer and for the links attached! Regarding your question, it sounds a good question and logical but I really have no idea about the answer. I imagine if you go to the Court of Tierra del Fuego and showing them the exception stated in the Decreto, they will look at you like ''Dejate de joder''

 

[Bajo_cero2]

It is considered abolished.

 

[Nipun_Mudaliar]

It is considered abolished.

Bajo_Cero2 What is the new requirement now? On a similar note, can foreigners whose baby is born here apply for citizenship immediately? Or they have to wait for 2 years? Thanks.

 

[sergio]

b) residir en la República dos (2) años continuos

Regarding the above, if you have a DNI and permanent residence how can they determine if you have been in Argentina all or most of the time? Or do they even check?

 

[steveinbsas]

b) residir en la República dos (2) años continuos

Regarding the above, if you have a DNI and permanent residence how can they determine if you have been in Argentina all or most of the time? Or do they even check?

Even if you have permanent residency, all the court has to do is look at the back of your DNI. In addition to showing the categoria of residence and the date it was granted, it will show the date of your first entry (fecha de ingreso) into the country.

Of course if you apply for citizenship less than two years after the date of your first entry it will be obvious that you don't meet the two year uninterrupted physical presence requirement.

If, however, you apply for citizenship more than two years after the date of your first entry, that doesn't necessarily mean that you have been in Argentina for two years without interruption.

When I first asked about citizenship at the court in Bahia Blanca I asked if they needed a copy of my old passport showing the date of my first entry as well the times I had left and reentered the country. The answer was (essentially) "No, we check that with migraciones."

At that time having an uninterrupted presence in Argentina for two years was not/did not seem to be an issue. At least it wasn't included in the list of requirements at from that court at that time. The requirements apparently varied from court to court.

If I remember accurately, some courts were required two years of permanent residency, but that wasn't in the list of the requirements I received (more than five years ago).

I think Dr. Rubilar successfully challenged the two years of permanent residency requirement in a number of citizenship cases and I believe that was based on the fact that the decree that included that requirement (from the late 1970's or early 1980's?) had been abolished.

PS: The link that Nikad posted that indicates the spouse of an Argentine citizen is exempt from the two year physical presence requirement appears to be from an official government website. If, as Dr. Rubilar indicated, that information is incorrect, it would be helpful to know if there is any website that correctly details the current requirements, or if they are subject to the whim of the presiding judge of each court..

 

[Bajo_cero2]

Bajo_Cero2 What is the new requirement now? On a similar note, can foreigners whose baby is born here apply for citizenship immediately? Or they have to wait for 2 years? Thanks.

The DNU 70/2017 didn’t change the art. 2.2 of the law 346 so you can apoly as soon as your baby has the birth certificate.

 

[Bajo_cero2]

b) residir en la República dos (2) años continuos

Regarding the above, if you have a DNI and permanent residence how can they determine if you have been in Argentina all or most of the time? Or do they even check?

With a report of the DNM. However, with permanent residency most of the judges don’t care.

 

[sergio]

Even if you have permanent residency, all the court has to do is look at the back of your DNI. In addition to showing the categoria of residence and the date it was granted, it will show the date of your first entry (fecha de ingreso) into the country.

Of course if you apply for citizenship less than two years after the date of your first entry it will be obvious that you don't meet the two year uninterrupted physical presence requirement.

If, however, you apply for citizenship more than two years after the date of your first entry, that doesn't necessarily mean that you have been in Argentina for two years without interruption.

When I first asked about citizenship at the court in Bahia Blanca I asked if they needed a copy of my old passport showing the date of my first entry as well the times I had left and reentered the country. The answer was (essentially) "No, we check that with migraciones."

At that time having an uninterrupted presence in Argentina for two years was not/did not seem to be an issue. At least it wasn't included in the list of requirements at from that court at that time. The requirements apparently varied from court to court.

If I remember accurately, some courts were required two years of permanent residency, but that wasn't in the list of the requirements I received (more than five years ago).

I think Dr. Rubilar successfully challenged the two years of permanent residency requirement in a number of citizenship cases and I believe that was based on the fact that the decree that included that requirement (from the late 1970's or early 1980's?) had been abolished.

PS: The link that Nikad posted that indicates the spouse of an Argentine citizen is exempt from the two year physical presence requirement appears to be from an official government website. If, as Dr. Rubilar indicated, that information is incorrect, it would be helpful to know if there is any website that correctly details the current requirements, or if they are subject to the whim of the presiding judge of each court..

What I'm getting at is this: at the time of the application do you have to have been in the country for two years without interruption? Or what if you've been in the country for a long time but left and returned at times? It's all unclear

 

[steveinbsas]

What I'm getting at is this: at the time of the application do you have to have been in the country for two years without interruption? Or what if you've been in the country for a long time but left and returned at times? It's all unclear

I also wonder if the DNU 70/2017 was declared unconstitutional as far as citizenship is concerned, when was the two year exemption for citizenship based on marriage abolished?