Well, oh well.
Yes, by reading the law 21.795 (
edit : I mean ley 25.871), especially with the introduction (the will to abrodge the old low 346 that is +100 years old), it seems that two years of legal residence, certified by the DNM are required.
But that's not.
Old law 346 makes a distinction in-between ciudadania and the nacionalidad which are two different concepts. Since there have been many changes in the immigration rules, but even before the law 25.871, the Supreme Court was already ruling the same way (referring to law 346). Then the law 25.871 came, supposed to change the deal, but it did not since the Supreme Court, once again, adopted the same decisions, therefore overruling (is the word correct) the criterias of two years of continual residence.
This is clear and cannot be contested, still it's not contradictory if you start with the reading of law 25.871 until you understand the whole (legislative on one part, judiciary on the other). In this case the Judiciary has a kind of final word, unless the Constitution was changed which is far heavier.
Sources :
http://www.pjn.gov.ar/Publicaciones/00010/00037797.Pdf
There are more decisions like this one, and interestingly they concern foreigners of low income (Chinese, Peruvian). I wonder what brings more to a lawyer, a 6 years process or a few audiences
I'd be glad to see a lawyer contradicting this point, and seeing that the recent permatourist thread has hit +5000 you can be sure that at least 15 or 20 Argentinean lawyers have been reading this.
Of course, it's a totally different process than following the most explicit rules, and after all, majority on this forum have the intellectual and financial ressources to do so (Steve was asking if an actual foreigner had been through this process, I guess that not too many Chinese and Peruvian read this forum
), but nevertheless it seems to be a viable option.
After all, it's not about fighting the government, it's about belonging to the Argentinean Nation, sharing a community of interests, the lenguage, the good and bad times, part of the culture, bringing our own differences, etc... It's a notion fundamentally different than having a piece of papier that let you say "I'm Argentinean".
And about the legitimity, honestly, if some people live for two years or more after the visa expiration, is it worse to claim for a Right recognized by the Constitution ?
Those threads have been quite interesting, thanks to a newly welcome lawyer (won't name him not to appear as shilling
)