Expired Precaria

[Juancito]

Hello everyone,

My wife and I are visiting relatives in the US but it seems like we’ll be coming back home to Argentina way after her PRECARIA expiry date.
This is for Permanent Residency (I am Argentine).

From what I understand, PRECARIA can’t be renewed while you’re out from the country. So the questions would be:

- Do we have any alternative? I have not been able to get ahold of anyone on MIGRACIONES through the phone (paint me surprised)

- Will there be any real issue with us trying to enter the country with her expired PRECARIA? Should we apply for a Tourist visa instead?

Thanks to everyone for your help. I’ve been looking around (even reading through the law) and I haven’t found anything or anyone speaking about this except a couple of posts in this very forum.

 

[Kenitobkk]

Hello everyone,

My wife and I are visiting relatives in the US but it seems like we’ll be coming back home to Argentina way after her PRECARIA expiry date.
This is for Permanent Residency (I am Argentine).

From what I understand, PRECARIA can’t be renewed while you’re out from the country. So the questions would be:

- Do we have any alternative? I have not been able to get ahold of anyone on MIGRACIONES through the phone (paint me surprised)

- Will there be any real issue with us trying to enter the country with her expired PRECARIA? Should we apply for a Tourist visa instead?

Thanks to everyone for your help. I’ve been looking around (even reading through the law) and I haven’t found anything or anyone speaking about this except a couple of posts in this very forum.

I renewed my precaria online. Around 15 days before the date of expiry, the system will allow you to renew it online. You just click on it (even if it says error, which it might like in my case) and as long as the Fecha renovacion Precaria (see below) registers the time of when you actually click to renew in the system, it means your renewal is already registered into the system and a few days after that, your precaria will be renewed for another 90 days and you can print it out or save as a PDF file. I hope this helps.

 

[Juancito]

Oh, I really do hope you’re right We really need to stay some extra time outside.

 

[Alby]

Be VERY careful. I was caught in a similar situation 12 months ago. My understanding on lawyers advice at the time was very clear: you must be in the country to renew. If you are not, the Precaria cannot be renewed. And the entire process will lapse. On next entry they will issue her a tourist visa and she wil have to apply again for residency from the beginning, losing any time so far accumulated towards permanent residency.

(They have a system for people who know in advance they are going to be out of the country at the Precaria expiry date. You have to put in an request to expedite the trámite so they renew it early prior to leaving the country. I don't believe they have a way to solve the problem if you find out after you leave that you won't make it back in time.)

 

[Juancito]

Be VERY careful. I was caught in a similar situation 12 months ago. My understanding on lawyers advice at the time was very clear: you must be in the country to renew. If you are not, the Precaria cannot be renewed. And the entire process will lapse. On next entry they will issue her a tourist visa and she wil have to apply again for residency from the beginning, losing any time so far accumulated towards permanent residency.

(They have a system for people who know in advance they are going to be out of the country at the Precaria expiry date. You have to put in an request to expedite the trámite so they renew it early prior to leaving the country. I don't believe they have a way to solve the problem if you find out after you leave that you won't make it back in time.)

Oh man, how did you get out of that one? Did you have to start over?

I e-mailed them just in case. Hopefully they get back to me with some better proposal. I was really hoping it wouldn’t come to it.

 

[Alby]

You'll need a lawyer I think to plead this with them. The rules on this are pretty clear. A precaria expiring when someone is out of the country is considered abandonment of the residency application.

Let us know how you go.

 

[Moe]

You'll need a lawyer I think to plead this with them. The rules on this are pretty clear. A precaria expiring when someone is out of the country is considered abandonment of the residency application.

Let us know how you go.

Exactly. I was in this same situation not too long ago. My lawyer got then to make an exceptional extension while abroad. I attempted to contact Migrations on my own prior and they were less than cooperative.

 

[Kenitobkk]

Oh, I really do hope you’re right We really need to stay some extra time outside.

Thread 'Expired Residencia Precaria' https://baexpats.org/threads/expired-residencia-precaria.32842/

An old post you might find useful.

 

[Juancito]

Exactly. I was in this same situation not too long ago. My lawyer got then to make an exceptional extension while abroad. I attempted to contact Migrations on my own prior and they were less than cooperative.

That sounds like a hell lot of trouble… and money.

I am very thankful still for all your answers.

 

[Juancito]

I begin to wonder if any of this is worth it. Will it be possible to apply for tourist visa while the precaria is still valid? Or should I wait for it to expire? Cause my wife doesn’t have visa on arrival. I would have to apply online with some time ahead.