Are you illegal while waiting for residency?

[Rmn1444]

Was struggling to find confirmation of this, hoping someone whose been through the process can help. It seems the process for applying for residency is lengthy. If the application takes you past the time on the tourist visa, what happens? Does the application give you a different status or are you illegal until you have confirmation. What if the application is rejected after the tourist visa is up?

Thanks in advance if anyone can help!

 

[Daniel82]

Don’t quote me on this, but I believe if you show the appropriate documentation proving you have a “trámite” in progress you won’t be bothered. A friend of mine came with the intent of getting a visa rentista and overstayed by 6 months while in the process, but then later decided this was not for her (when she realised FF would win) and went back. Obviously she never got stopped or asked about it while here (it’s very rare to almost non existent- especially if you “blend in” well. There’s no ICE type of thing here, except maybe for illegal immigrants causing crime). At the airport, she showed she had initiated the process by showing the paperwork and did not have to pay the overstay fee and no further questions asked.

 

[Daniel82]

By the way the concept of “illegal” immigration does not exist in Argentina as it does in other countries. You are “irregular” .

 

[Aztangogirl]

If you have an application in process through immigration, you will have a precaria to prove you are in process. I had three precarias before my DNI came through.

 

[jblaze5779]

I was 8 months on a precaria before my DNI was delivered. I flew in and out of the country 5 times during these months with no issues by showing the paper. Beware that you need a renewed precaria every 60(?) days I believe. So pay attention to the epiration date if you plan to re enter after some time. My company would just send me new ones here and there.

 

[Rmn1444]

Thanks for the info all. Does a precaria start from when you submit an application online? Mostly we are worried about the time between submiting the application and the initial interview with immigration.

 

[steveinbsas]

By the way the concept of “illegal” immigration does not exist in Argentina as it does in other countries. You are “irregular” .

It may not be called "illegal" immigration, but if you are in Argentina without a valid tourist permit, temporary or permanent resideny, migraciones has the legal authority to arrest and deport you.

I imagine that would make most of those individuals somewhat, if not extremely irregular, if you know what I mean...

 

[jblaze5779]

Thanks for the info all. Does a precaria start from when you submit an application online? Mostly we are worried about the time between submiting the application and the initial interview with immigration.

You have 90 days of tourist visa so I think you'll be safe until you can make it to migration office.

 

[Ceviche]

It may not be called "illegal" immigration, but if you are in Argentina without a valid tourist permit, temporary or permanent resideny, migraciones has the legal authority to arrest and deport you.

Steve, whats your take on this? Will this change with the new government? The outgoing government had a pretty hard attitude towards immigrants other than Venezuelans.

 

[steveinbsas]

Steve, whats your take on this? Will this change with the new government? The outgoing government had a pretty hard attitude towards immigrants other than Venezuelans.

I don't think anything will change for those who already have permanent residency, but it could be just as tough to get temporary residency in the future as it is now and perhaps even more difficult to upgrade to permanent residency, depending on how much the economy recovers (if at all) and if "irregular inhabitants" who don't or can't qualify for temporary residency are regarded as a burden on the state.

What I hope most for is a return to the ideals of the family and that foreigners who marry an Argentine will have an easy path to permanent residency,