Immigration changes: Health, Education, Deportation

[steveinbsas]

I'm not seeing what you're seeing Paige regarding Migraciones website - under Radicaciones Residencia Permanente it says:

¿A quién está dirigido?

A hijos de argentinos nativos, naturalizados o por opción que hayan nacido en el extranjero; a aquellos que, por arraigo, se encuentren habilitados para cambiar su categoría de residencia; y a quienes se encuentren habilitados para tal efecto por normativa vigente.

Also:

Si vas a realizar el cambio de categoría por arraigo:

• Además, debes tener arraigo por haber gozado de residencia temporaria por 2 años para nacionales MERCOSUR y 3 años para nacionales no MERCOSUR.
• Debes acreditar que cuentas con los medios económicos suficientes para subsistir en el país.

Here is the English translation:

"Who is it for?

Children of native-born, naturalized, or chosen Argentines who were born abroad; those who, due to roots, are eligible to change their residency status; and those who are authorized to do so by current regulations.

Also:

If you are changing status due to roots:
In addition, you must have roots, having enjoyed temporary residency for two years for MERCOSUR nationals and three years for non-MERCOSUR nationals.
You must prove that you have sufficient financial means to survive in the country."

I think the key phrase for foreigners without familiar ties (aka "roots") in Argentina regarding the cambio de categoría from temporary to permanent residency is "and those who are authorized to do so by current regulations."

As a foreigner, I requested the cambio de categoría (using those exact words) from temporary to permanent residency on the third "renewal" of my temporary residency, having "enjoyed" temporary residency for three years.

I also was required to prove for the fourth (and last) time that that I had "sufficient financial means to survive in the country."

PS: Based only on the above quote, it appears that the same conditions still apply.

 

[Alby]

It's also relevant to look at Article 22 of Law 25.871 (Migraciones). They do seem to have been busy updating the law in light of the recent DNU.

https://servicios.infoleg.gob.ar/infolegInternet/verNorma.do?id=92016

Compare the original text (by clicking on Texto completo de la norma) with the updated text (by clicking on Texto actualizado de la norma) and scrolling down to Article 22. This article, it appears, has always read as though the category of permanent residency was limited to relatives of Argentines, when, in fact, we know that it has always also been open people in the many other temporary residency categories who had completed their "time" (three years, or two, as the case may be). And that presentation remains in the updated text. So, perhaps we can assume that the text still 'means' (even if it may not exactly 'read' that way) that temporary residents in the other categories can continue to graduate (eventually) to permanent residents as they always have.

What is particularly interesting, when comparing the old Article 22 text with the new, is that the latter does indeed restrict (to children only) the definition of family members for the purpose of permanent residency (as per the DNU). So they are serious about that: it's now written into the law.

Similarly, the new text of Article 22 adds in an entirely new paragraph taken directly from the DNU emphasising (in a way the original text didn't) that the progression to permanent residency requires no criminal record and demonstration of the concept of medios económicos suficientes para subsistir en el país. So they are serious about that too. Since autolum seems to be one of the first cabs off the rank under the new regime in attempting to convert a temporary (student) residency into a permanent residency, he may be the first to be in a position to report how, in practice, they now interpret this vague and potentially arbitrary financial requirement.

​

 

[autoluminescent]

It's also relevant to look at Article 22 of Law 25.871 (Migraciones). They do seem to have been busy updating the law in light of the recent DNU.

https://servicios.infoleg.gob.ar/infolegInternet/verNorma.do?id=92016

For article 22, compare the original text

• https://servicios.infoleg.gob.ar/infolegInternet/anexos/90000-94999/92016/norma.htm

with the updated text

• https://servicios.infoleg.gob.ar/infolegInternet/anexos/90000-94999/92016/norma.htm

Article 22, it appears, has always read as though the category of permanent residency was limited to relatives of Argentines, when in fact, we know that it has always also been open people in the many other temporary residency categories who had completed their "time" (three years, or two, as the case may be). And that presentation remains in the updated text. So, perhaps we can assume that the text still 'means' (even if it may not exactly 'read' that way) that temporary residents in the other categories can continue to graduate (eventually) to permanent residents as they always have.

What is particularly interesting, when comparing the old Article 22 text with the new, is that the latter does indeed restrict (to children only) the definition of family members for the purpose of permanent residency (as per the DNU). So they are serious about that: it's now written into the law.

Similarly, the new text of Article 22 adds in an entirely new paragraph taken directly from the DNU emphasising (in a way the original text didn't) that the progression to permanent residency requires no criminal record and demonstration of the concept of "sufficient economic means to survive in the country." So they are serious about that too. Since autolum seems to be one of the first cabs off the rank under the new regime in attempting to convert a temporary (student) residency into a permanent residency, he may be the first to be in a position to report how, in practice, they interpret this new and vague financial requirement.

​

A quick recap from my visit to Migraciones office this past Monday:

I had to submit additional paperwork regarding my student residency to comply with the intimación I received for my precaria (which had previously been extended to July 23, 2025). On my previous visit in March 2025, I was told I must wait until August 2 (the date my first DNI was approved, NOT the date I arrived in Argentina) to request the change from temporary residency to permanent residency. The woman I spoke with at Migraciones was not sure how the new rulings would affect my particular case, but advised me I should request a renewal of my precaria on July 13.

I'd be lying if I said I wasn't nervous at this point. I find it odd that the expiration of my precaria is not in line with the August 2 residency renewal date mentioned above. It has been exhausting not knowing whether or not I'll need to pack up my life here after 3.5 years..

 

[Alby]

It makes complete sense to me that if the date of your first DNI was August 2, 2022 (I presume, from what you posted previously, that your first temporary residency in the category of student ran from 2 August 2022 to 1 August 2023), that you could not apply until 2 August 2025 for permanent residency. Although the update to the law (in Article 20) now states (in a way the law previously never did) that precarias do not count towards anything, that was always the case, in practice. (If it wasn't the case, I would have had permanent residency three years ago).

What I don't get is why you are currently on a precaria. If you renewed from 2 August 2023 to 1 August 2024 (year 2) and then again from 2 August 2024, wouldn't you still be on your third temporary residency with still a month to run?

(At least the person at Migraciones told the truth: "I don't know." That's an improvement from the usual practice of just making up an answer that will make the person walk away happy, only to be disappointed later at the lie they believed.)

 

[autoluminescent]

It makes complete sense to me that if the date of your first DNI was August 2, 2022 (I presume, from what you posted previously, that your first temporary residency in the category of student ran from 2 August 2022 to 1 August 2023), that you could apply until 2 August 2025 for permanent residency. Although the update to the law (in Article 20) now states (in a way the law previously never did) that precarias do not count towards anything, that was always the case, in practice. (If it wasn't the case, I would have had permanent residency three years ago).

What I don't get is why you are currently on a precaria. If you renewed from 2 August 2023 to 1 August 2024 (year 2) and then again from 2 August 2024, wouldn't you still be on your third temporary residency with still a month to run?

So basically although my DNI was issued on August 2, 2022, it's expiration was a year to the day of my arrival in Argentina, March 4, 2022. So each year, my temporary residency would expire in March ie. this year, my temporary residency expired March 4, 2025. When I went to Migraciones in March to apply for permanent residency, they told me that I would have to wait until August, and so they gave me a precaria until July 2025, while STILL requiring me to present legalized documentation from UBA/ Ministerio de Educacion stating that I am still a student (technically true as I'm preparing my thesis, but I finished classes in 2024).

If precaria's don't count I am totally screwed. Some years during my residency, it took months and months of hassling UBA/ Ministerio de Educacion to legalize my paperwork. Each year, Migraciones would change the requirements to reapply for temporary residency and ask me for documentation to be legalized from UBA that literally doesn't exist.. so I spent a good deal of these last 3.5 years on a precaria.

 

[Alby]

Unfortunately, I think you're probably screwed. The updated text in Article 20 says:

La extensión y renovación de la ‘residencia precaria’ no genera derecho a una resolución favorable respecto de la admisión solicitada, ni resulta residencia válida a los efectos de acreditar arraigo, necesario para la obtención de la residencia permanente, o para la adquisición de la nacionalidad por naturalización.

As I say, that precaria time does not count towards time served for permanent residency purposes has always been the case. For whatever reason, they are now putting it up in lights by writing it into the law.

Quite apart from the precaria problem is the fact that it doesn't appear you have three consecutive full years of temporary residency in the single category. This is similar to the problem I had when I presented my aborted attempt to apply for permanent residency in March. It seems that, at best, you have three temporary residencies (2 August 2022 to 4 March 2023, 5 March 2023 to 4 March 2024, and 5 March 2024 to 4 March 2025), but one of which is a kind of half year, plus the precarias since March this year. They did you no favors issuing a precaria in March when the government was about to go to town on the question of whether precarias count for anything (although, as I keep saying, precarias have never counted towards anything).

The facts you describe are super-complicated, so it's not surprising that the woman didn't know the answer. Probably nobody will, until you get the case before a decision maker. Unless you get a lawyer to help you, you may have the same experience I reported above: that of never getting the application before a decision-maker because the front-line staff who take the documents and register them block the application there for non-compliance. I was able to downgrade the application at that precise moment (with my lawyer present to ensure they did that) to another temporary residency renewal, but in your residency category (and with your studies complete), it seems you won't have that option.

 

[autoluminescent]

Unfortunately, I think you're probably screwed. The updated text in Article 20 says:

La extensión y renovación de la ‘residencia precaria’ no genera derecho a una resolución favorable respecto de la admisión solicitada, ni resulta residencia válida a los efectos de acreditar arraigo, necesario para la obtención de la residencia permanente, o para la adquisición de la nacionalidad por naturalización.

As I say, that precaria time does not count towards time served for permanent residency purposes has always been the case. For whatever reason, they are now putting it up in lights by writing it into the law.

Quite apart from the precaria problem is the fact that it doesn't appear you have three consecutive full years of temporary residency in the single category. This is exactly the same problem I had when I presented my aborted attempt to apply for permanent residency in March. It seems that, at best, you have three temporary residencies (2 August 2022 to 4 March 2023, 5 March 2023 to 4 March 2024, and 5 March 2024 to 4 March 2025), one of which is a kind of half year, plus the precarias since March this year. They did you no favors issuing a precaria in March when the government was about to go to town on the question of whether precarias count for anything (although, as I keep saying, precarias have never counted towards anything).

The facts you describe are super-complicated, so it's not surprising that the woman didn't know the answer. Probably nobody will, until you get the case before a decision maker. Unless you get a lawyer to help you, you may have the same experience I reported above: that of never getting the application before a decision-maker because the front-line staff who take the documents and register them block the application there for non-compliance.

I'd argue that A) I have complied with every single requirement they have asked of me since I arrived to this country and B) I have been under the same residence category since I've arrived. Achieving 3 years of temporary residency without having received a precaria at some point is literally impossible, as you do not receive a temporary residency on day 1 of entering the country.

I appreciate you taking the time to respond Alby. If you (or anyone) can point me to a decent immigration attorney at this point I'd be grateful, as it seems like I'll be needing one.

 

[Alby]

I'd argue that A) I have complied with every single requirement they have asked of me since I arrived to this country and B) I have been under the same residence category since I've arrived. Achieving 3 years of temporary residency without having received a precaria at some point is literally impossible, as you do not receive a temporary residency on day 1 of entering the country.

I appreciate you taking the time to respond Alby. If you (or anyone) can point me to a decent immigration attorney at this point I'd be grateful, as it seems like I'll be needing one.

I've complied with every single requirement since December 2018, with a series of impeccable applications, stymied by a combination of complete (Covid-related) bureaucratic inertia, invisible internal rules that they only communicate when it's too late, and changes to published rules, of which the DNU and now the amendments to the law itself are just the latest. Your argument about reasonableness will fall on deaf ears, as mine did in March. It's tremendously frustrating and I feel for you.

Check around on this board. Various lawyers have been recommended recently.

(It is possible to meet the requirement. The three-year clock starts on day 1 of the first temporary residency (at which point no further precaria will, in straightforward cases, ever be necessary) and concludes on the last day of the third temporary residency. But it's probably impossible in the case of the student category, unless the course runs for well over three years.)

 

[autoluminescent]

I've complied with every single requirement since December 2018, with a series of impeccable applications, stymied by a combination of complete (Covid-related) bureaucratic inertia, invisible internal rules that they only communicate when it's too late, and changes to published rules, of which the DNU and now the amendments to the law itself are just the latest. Your argument about reasonableness will fall on deaf ears, as mine did in March. It's tremendously frustrating and I feel for you.

Check around on this board. Various lawyers have been recommended recently.

(It is possible to meet the requirement. The three-year clock starts on day 1 of the first temporary residency (at which point no further precaria will, in straightforward cases, ever be necessary) and concludes on the last day of the third temporary residency. But it's probably impossible in the case of the student category, unless the course runs for well over three years.)

Just curious - how were you able to extend your stay here so long in between residency categories?

 

[Alby]

It's been a continuous process since first lodging the paperwork in December 2018: nearly three years to get past precaria stage (11 in total due to Covid inertia) to the first temporary residency (Sept 2021 to Sept 2022), a (foolish, in hindsight) category change in Sept 2022 that I may not have done had I known the 'invisible' rules and which took them seven months to process (during which time they put me on several more precarias), followed by two complete temporary residence years in the new category (April 2023 to April 2024 and April 2024 to April 2025) followed now by a third temporary residency in second category (to finish in April 2026), hopefully followed then by permanent.

They give you absolutely no leeway for their own incompetence, even in extreme cases like mine. I've been completely legal for six and a half years, a homeowner, have barely left the country in that time, am now well into my fourth year of temporary residency, but still 10 months off being able to apply for permanent.

If you manage to get your case through (particularly in the current unfavorable environment), sprinkle some of the magic my way. I think any lawyers you talk to will be offering alternative schemes, like a category change, for example, to a fake employment contract, which, even if you take it, will only lead to a clock reset (and complicate the tax issues you have so scrupulously sought to have in order).