Are you illegal while waiting for residency?

steveinbsas

Registered
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.
The implied (and still unanswered) question is :What happens if my 90 day tourist visa expires after I submit an application online but before the initial interview with migraciones?

As far as I know, you will be OK if that happens

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.
I believe it's a prorroga (extension) of the tourist visa that is given during the review process, not a precaria.

You get the precaria (s) after your application for residency has been processed and you are waiting for your DNI
 

Ceviche

Registered
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,
Will the incoming government take a hard stance for incoming Venezuelans, following the footsteps of Chile and Ecuador.
 

steveinbsas

Registered
The implied (and still unanswered) question is :What happens if my 90 day tourist visa expires after I submit an application online but before the initial interview with migraciones?

As far as I know, you will be OK if that happens

I believe it's a prorroga (extension) of the tourist visa that is given during the review process, not a precaria.

Just to be clear, as soon as all of your docs have been submitted and migraciones give you a date for the interview, you'll get the 90 day prorroga (extension) which covers you until you get the precaria.

I am not absolutely certain, but in case you are not granted the resident visa, you will still be covered by what's left of the 90 day prorroga.
 

steveinbsas

Registered
Will the incoming government take a hard stance for incoming Venezuelans, following the footsteps of Chile and Ecuador.
I have no idea. That's something that we'll have to wait to see what happens.

What I was wondering to myself as I was mowing the lawn (about 8.000 mtrs2 to mow so I take breaks to post) is whether or not the new gov will be more Asian as well as more "foreign family" friendly.
 
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pennsylvania

Registered
Will the incoming government take a hard stance for incoming Venezuelans, following the footsteps of Chile and Ecuador.
I find that unlikely, the left of center governments in South America are usually pro-immigration. Néstor even gave a pathway for people who were irregular to become regular and get residency.
 

semigoodlookin

Registered
I believe it's a prorroga (extension) of the tourist visa that is given during the review process, not a precaria.

You get the precaria (s) after your application for residency has been processed and you are waiting for your DNI
You get both, or at least I did. I had precaria and prorroga over a year, renewing both at seperate intervals.
 

steveinbsas

Registered
You get both, or at least I did. I had precaria and prorroga over a year, renewing both at seperate intervals.
I believe the applicant for residency only gets a prorroga when migraciones accepts the completed application.

As far as I know, if the residency is declined they will not receive a precaria and they will have whatever time is left on the "first" prorroga to either appeal the denial, leave the country, or stay as an "irregular inhabitant."

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Preston

Registered
I believe the applicant for residency only gets a prorroga when migraciones accepts the completed application.

As far as I know, if the residency is declined they will not receive a precaria and they will have whatever time is left on the "first" prorroga to either appeal the denial, leave the country, or stay as an "irregular inhabitant."

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I just got my precaria one week ago and though my visa was expired I never got a prorroga. Here's my experience if it helps anyone:
I was applying for permanent residency because my wife is a dual citizen US/ARG.

June 23 2019 - I arrived under the 90 day tourist visa and started submitting my paperwork in August and paid the extra price for the expedited service.

I had delays getting some docs from the US and was worried my visa would run out even before my documents arrived, so I went back to the immigrations office building 6 and asked about the prorroga. The clerk told me that I could come back 10-days before my visa expires and pay the prorroga fee (something like 2,000 pesos I think) but not sooner. He also said that if I had no need to leave the country, he recommended I did not pay the fee, he said "save your money". He explained that it would only be a problem for me if I was trying to leave the country, but if I was intent on finishing the tramite to just keep going and not pay the fee.

Sept 18 2019 - I ended up getting the documents I needed and submitted my tramite only a few days before my visa expired.

Sept 30 2019 - While waiting for the next step, my visa expired. I got an email from RADEX that my marriage cert was incorrect, so I went in the system to re-upload.
Oct 2 2019 - A week later I got the same email with the same issue. I think the problem was that my marriage doc was 8 pages with apostille, translation and legalization, but they only let you upload a jpeg in this section. This time I uploaded just the translated 1st page of the marriage doc.

October 23 2019 - I received a notice to appear the following day 10/24/19 and bring my paperwork.
October 24 2019 - At the immigrations office they asked me for all the documents and I was issued a precaria that same day. This is when I believe the expedited service paid off since I was assisted by one of the managers that sits behind all the front counter attendants. I also came with an Argentine family member who insisted I spoke with the person who sent me the email. The precaria I received was set to expire by the end of the month, so I went online and renewed it easily.

October 25 2019 - I received an email to come to the office within the next 10 days
October 29 2019 - At the immigrations office I was given an appointment for my wife and I to get an interview on February 12th. I was told we would both need renewed verification of residencies and proof of income. I'm assuming this is the final step.

Throughout the process I never needed the prorroga. I was also worried that leaving the country would reset my application, since you have to be in the country to start it. I also went yesterday to a local ANSES office and got my CUIL, just showing my precaria and passport as explained in other forums here.
Thanks to everyone that has posted on this site, it really made a difference. I'm happy to share any other details of my experience.
 
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Bajo_cero2

Registered
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!
When you apply you have the same day a precaria.
With the DNU 70/2017 your status when the visa expires is the same than a fugitive slave and the rules that apply are according to it because it is not possible ti exercise your defense righ.
But they need for that a deportation order and this is why is better to stay under the radar.
 

Bajo_cero2

Registered
By the way the concept of “illegal” immigration does not exist in Argentina as it does in other countries. You are “irregular” .
It was like that before DNU 70/2017. Now the status is the same, and applies the same rules than for fugitive slaves.
 
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