Citizenship

[Bajo_cero2]

If I understand correctly, Article 20 of the Constitution exempts non-citizens who are also non-residents from the obligation to pay the income tax in Argentina.

How could they pay it (even if they wanted to) if they don't have a DNI and a CUIT/CUIL?

No, only those who apply for citizenship

Can non-citizen temporary or permanent residents vote? I don't know the answer, but if it is "no", then does that mean they don't have what Bajo is referring to as political representation? And if the answer to that is "yes", then it would seem his argument leads to the conclusion that under the constitution they are not obliged to pay tax. (Which would make the current tax legislation unconstitutional.) (Which presumably can't possibly be right.)

You can vote with permanent DNI.

 

[Bajo_cero2]

As far as I know, non-citizen residents can vote in all but the presidential elections and that would mean that they do have political representation.

Wouldn't that lead to the logical conclusion thsy they are obliged to pay taxes?

I have been told that voting is also an obligation but first you must register to vote.

I wonder if anyone can argue thay not enrolling to vote exempts a non-citizen residemt from the obligation to vote and if that somehow would exempt them from the obligation to pay taxes...

No. The enrollment happened when you apply for the DNI. Then you are at the census.
Most of my clients works in supermarkets that are inspected and fined in 1.2 million pesos per worker without DNI, 2.4 the second time. In 12 years they were not able to cash not even one fine at Federal Courts because taxation without legal representation is serfdom that has 20 years of jail so, the lawyers of the State abandon the cases (over 100) when they realize I’m the lawyer because 1) they know I prosecute them & 2) they do not want I develop a new leading precedent because they have a commission of 30% on the fines.

 

[steveinbsas]

The question still unanswered is whether or not income earned by a non-resident applicant for citizenship who is working on line from Argentna is acceptable to the judges as an "honest means of living" or if that individual would actually have to derive income which is generated exclusively in Argentina...teaching English or guitar, buying and selling something for profit, performing physical labor such as masonry, carpentry, plumbing, electrical work, lanndscape work, etc.

 

[Bajo_cero2]

The question still unanswered is whether or not income earned by a non-resident applicant for citizenship who is working on line from Argentna is acceptable to the judges as an "honest means of living" or if that individual would actually have to derive income which is generated exclusively in Argentina...teaching English or guitar, buying and selling something for profit, performing physical labor such as masonry, carpentry, plumbing, electrical work, lanndscape work, etc.

It is acceptable for most of the judges.

 

[BeraRane]

I got married to an Argentine citizen in December and I'm now beginning the residency and citizenship applications.

I've been a tourist overstayer since March 2020, in terms of the citizenship process is there any "advantage" to waiting until I have permanent residency or should I just go ahead with the citizenship application right away?

I guess my concern is turning up and getting the "you need to be a resident for two years" response even though I can get citizenship immediately as a spouse of an Argentine.

 

[dsp27]

I got married to an Argentine citizen in December and I'm now beginning the residency and citizenship applications.

I've been a tourist overstayer since March 2020, in terms of the citizenship process is there any "advantage" to waiting until I have permanent residency or should I just go ahead with the citizenship application right away?

I guess my concern is turning up and getting the "you need to be a resident for two years" response even though I can get citizenship immediately as a spouse of an Argentine.

Having an Argentine spouse alone does not make you eligible for the citizenship but you can get permanent residence. I would personally wait to have the permanent DNI and then apply for the carta de ciudadania.

 

[Bajo_cero2]

I got married to an Argentine citizen in December and I'm now beginning the residency and citizenship applications.

I've been a tourist overstayer since March 2020, in terms of the citizenship process is there any "advantage" to waiting until I have permanent residency or should I just go ahead with the citizenship application right away?

I guess my concern is turning up and getting the "you need to be a resident for two years" response even though I can get citizenship immediately as a spouse of an Argentine.

There is no advantage in waiting. Go for citizenship.

 

[steveinbsas]

Having an Argentine spouse alone does not make you eligible for the citizenship...

Are you sure about this?

If my memory is correct, others have posted that they were able to get citizenship after marrying an Argentine citizen and without waiting two years.

I believe that Dr. Rubliar has also confirmed this and actually suggested not even bothering with permanent residency.

 

[steveinbsas]

I guess my concern is turning up and getting the "you need to be a resident for two years" response even though I can get citizenship immediately as a spouse of an Argentine.

If you are concerned about the two year residencyt requirement for citizenship, I suggest you just go to one of the courts and ask. about the two year requirment.

If the answer is that two years of residency is required, you could then go to another court and ask the same question.

As well as read the posts in this thread:

Citizenship Through Marriage?

Hello everyone, I am new to this forum so this is my first post. I originally visited Argentina in December 2014 and stayed a little bit past my 3 months (about 4 months). During my stay I met a wonderful girl in which I want to stay with. I left Argentina to the US and came back without any...

baexpats.org

 

[Bajo_cero2]

Having an Argentine spouse alone does not make you eligible for the citizenship but you can get permanent residence. I would personally wait to have the permanent DNI and then apply for the carta de ciudadania.

Read the law 346!