Foreigners and Gay Civil Unions in Capital

[sesamosinsal]

I was just curious if anyone knows anything about what rights (in terms of immigration status) are afforded to gay foreigners marrying an (gay) Argentine in Capital Federal, where civil unions are permitted.

Could an Argentine (from Capital) in a gay relationship enter into a civil union with a foreigner and sponsor his/her visa for residency?

Thanks!

 

[armbou]

The short answer is no. No buts, ifs or maybes. Sad but true.

 

[Attorney in BA]

Immigration law says that the visa can be granted to the "conyuge" (spouse); that does not include the civil union.

"ARTICULO 22. - Se considerará "residente permanente" a todo extranjero que, con el propósito de establecerse definitivamente en el país, obtenga de la Dirección Nacional de Migraciones una admisión en tal carácter. Asimismo, se considerarán residentes permanentes los inmigrantes parientes de ciudadanos argentinos, nativos o por opción, entendiéndose como tales al cónyuge, hijos y padres."

 

[steveinbsas]

Immigration law says that the visa can be granted to the "conyuge" (spouse); that does not include the civil union.

"ARTICULO 22. - Se considerará "residente permanente" a todo extranjero que, con el propósito de establecerse definitivamente en el país, obtenga de la Dirección Nacional de Migraciones una admisión en tal carácter. Asimismo, se considerarán residentes permanentes los inmigrantes parientes de ciudadanos argentinos, nativos o por opción, entendiéndose como tales al cónyuge, hijos y padres."

Am I correct in understanding that if a foreigner marries another foreigner (of the opposite sex) who has permanent residency (though not citizenship) , he/she will also then qualify for a permanent resident visa?

 

[mini]

Interesting. Does that mean gay married couples can be sponsored for visas or is gay marriage not recognized at all?

 

[syngirl]

Gay marriage not recognized, gay civil union is, but only in certain locations in the country at the moment. Hopefully this will change soon.

Civil union essentially awards you the rights to claim a partner as a dependent, take out health insurance together, and really I don't know what else, especially since right now it is only recognised in a few places around the country -- ie you're recognised inside Capital but travel outside the General Paz and I don't know that you are.

Since it is not a federally recognised status, civil unions performed in Argentina are not recognised in most other countries either, so if you want to have a civil union and then emigrate to another country you have to bring your partner in under the conjugal not spousal category, if that is possible in the country where you are emigrating to. And for proof of conjugal status you will essentially need a binder a few inches thick full of photos, receipts of trips you've taken together, rental agreements with both your signatures on them, utility bills in common, testaments from family and friends (I kid you not, my best friend is going through this right now to bring his Argentine partner, with whom he has an Argentine civil union, to Canada -- fortunately these days most hotels send receipts via email so he has good evidence of their holidays etc -- if only they had just married in Quebec then they wouldn't have to be amassing all of this info).

Furthermore, unless they have changed the ruling once again, when you get a civil union here you have to have proof that you have been a couple for at least 2 years. I'm not sure if they ask for specific documentation, or if it is an interview, or what. You need, as for a marriage, at least 2 witnesses. In the registro civil notes it says that you can have up to four but that at least 2 need to be residents of Capital -- this seems ludicrous to me in this day an age, like a rule that must have been written in the 1800s, but maybe it's true, although I really have to doubt that.

Now, as far as gay couples who have been legitimately married in say, Canada or South Africa where it is fully legal, and who choose to move to Argentina, I am not sure how they are recognised by the government or migraciones, or if their marriage is considered invalid when they return. I'd be curious to know -- if Argentine civil unions aren't recognised abroad, are gay marriages performed abroad in countries where it is legal recognised by Argentina?

 

[mini]

Now, as far as gay couples who have been legitimately married in say, Canada or South Africa where it is fully legal, and who choose to move to Argentina, I am not sure how they are recognised by the government or migraciones, or if their marriage is considered invalid when they return. I'd be curious to know -- if Argentine civil unions aren't recognised abroad, are gay marriages performed abroad in countries where it is legal recognised by Argentina?

Yes. This was my question. You've expressed it much better!
There are two interesting questions here:
1 if gay foreigners can sponsor their spouses visa
2 what happens to marriages of returning Argentine who was married in Spain or Canada, etc?

 

[syngirl]

Yes. This was my question. You've expressed it much better!

lol -- I may have express THAT better but I didn't really clarify in my response that Civil Union allows you rights to claim another Argentine as dependent, to get health insurance together, but it doesn't in and of itself allow you to claim for residency -- for that you have to go the conjugal route, and I don't know how easy it is -- but you better start amassing all of your proof of conjugal relationship -- photos, rental agreements, utilities etc. If you don't have a CDI get one that is at the same address as your partner etc. If it's been less than 2 years I think you will find yourself having a hard time with immigrations.

 

[sesamosinsal]

Interesting! Thank you everyone for your input! The two year thing is kind of nice in a strange way -- it would prevent me from doing anything stupid. I'll start taking pictures with the date on them from now on...ha ha

 

[ElQueso]

Am I correct in understanding that if a foreigner marries another foreigner (of the opposite sex) who has permanent residency (though not citizenship) , he/she will also then qualify for a permanent resident visa?

Yes. I am married to a Paraguayan (as a side note, we married in Paraguay, not here). As a MercoSur resident, she qualified to have permanent residency. I am now in the process of getting my residency on the basis of having married her.

According to my lawyer, she didn't have to have her DNI before I started my process, but I waited until she had it just to make sure.