How many times can you "cross the line"?

[French jurist]

Juridically and linguistically false.
Law does not prohibit doing a cycle of 90+90, then exit one day, and come back for another 90+90.
/QUOTE]

I don't think migraciones will give a second 90 day extension in a 12 month period. I know Ashley was denied the extension. Perhaps there have been others?

I was more referring to the Colonia trip, for renewing inside Argentina, yes, it would be trickier I guess.

 

[AlexfromLA]

Tourist visa = 90 days plus one extension or reentry. Anything over that is temporary residency. That is the law.

Juridically and linguistically false.

Linguistically (and juridically), anything over 90+90 is not temporary residency

????

From what I have read it is 90 days plus 1 extension. That is a tourist visa.

And from what bajo cero stated, that " loophole " should be closing after the law is fully implemented.

 

[French jurist]

????

From what I have read it is 90 days plus 1 extension. That is a tourist visa.

And from what bajo cero stated, that " loophole " should be closing after the law is fully implemented.

I'm afraid you've read it wrong Alex, maybe am I wrong though ?

 

[AlexfromLA]

I'm afraid you've read it wrong Alex, maybe am I wrong though ?

References ?

 

[steveinbsas]

I can see why French Jurist is confused.

First this:

Being in Argentina for more than a year is no longer tourism. It is temporary residency.

Then this:

Tourist visa = 90 days plus one extension or reentry. Anything over that is temporary residency. That is the law.

If the "intent" if the stay is not tourism and exceeds 180 days in a 12 month period then a temporary resident visa is required. Just being here more than 180 days does not constitute temporary residency.

Many have avoided the temporary visa requirement by leaving and reentering the country in order to get a new tourist visa. Their intent isn't really tourism and new policies are now in effect. The level of enforcement remains to be seen.

 

[French jurist]

References ?

Justly, I didn't want to mention my name since I started mentionning somewhere in that thread that I could have found a loophole. That was precisely the fact consisting in nothing prohibiting doing two cycles of 90+90 with a 1 day break (no mention of a maximum of days during the year).

And indeed, it is not formally written, but another article (forgot which, it's in the thread) mentions specifically that DNM officials have a great liberty to decide what shall be enforced, and nothing prohibits that a tourist could be annoyed after ten days.

The Executive power "holds the button", it's not that stupid.

 

[AlexfromLA]

If someone is living in a country for more than 6 months they are a temporary resident at that point. Literally, that is what they are. And the law states that they should apply for the proper visa, which would usually be a temporary residency visa.

Should I slow down so as not to confuse anyone ?

If the "intent" if the stay is not tourism and exceeds 180 days in a 12 month period then a temporary resident visa is required. Just being here more than 180 days does not constitute temporary residency.

 

[French jurist]

I can see why French Jurist is confused.

First this:



Then this:




If the "intent" if the stay is not tourism and exceeds 180 days in a 12 month period then a temporary resident visa is required. Just being here more than 180 days does not constitute temporary residency.

Yes, temporary residency is a very specific situation. After 6 months, you should theoratically be in a residency category, temporary or not (marriage).
But then appears this kind of loophole of permatourists, known and accepted from the authorities (a certain percentage of us will create jobs and businesses, good thing).
This situation could change one day, although it is not clear when.

 

[AlexfromLA]

The part of the law that deals with that loophole you mention is here in the text you quoted.

That was precisely the fact consisting in nothing prohibiting doing two cycles of 90+90 with a 1 day break (no mention of a maximum of days during the year).

ARTICULO 61.- Cuando se verifique que un extranjero hubiere desnaturalizado los motivos que autorizaron su ingreso al territorio argentino o permaneciera en éste vencido el plazo de permanencia acordado, la DIRECCION NACIONAL DE MIGRACIONES lo intimará a fin de que, en un plazo que no exceda de TREINTA (30) días, se presente a regularizar su situación migratoria debiendo acompañar los documentos necesarios para ello. A tal efecto, se lo notificará por escrito informándole, de un modo comprensible, las consecuencias que le deparará mantenerse en la situación migratoria advertida.

The tourist visa is granted for 90 days and you are allowed a 1 time extension for a total of 180 days. If a tourist keeps using the reentry visa to live in the country, they are no longer tourists in the laws eyes and they will need to file for the proper visa.

I think the only loophole is they haven't really set any clear guidelines as to how they will start flagging people who are living in Argentina on tourist visas. I guess we will find out October 7th.

 

[steveinbsas]

If someone is living in a country for more than 6 months they are a temporary resident at that point. Literally, that is what they are. And the law states that they should apply for the proper visa, which would usually be a temporary residency visa.

Should I slow down so as not to confuse anyone ?

You only need to slow down so you wont continue to commit the same error. It will help immensely if you use the correct terms in Spanish instead of English. After all, the law you cite (and think you understand) is in Spanish.

If someone stays in Argentina more than six months, with or without renewing their 90 day tourist visa, their immigration status (categoria de ingreso) is still transitoria. Only when the proper visa is granted does their immigration status (categoria de ingreso) change to temporaria.