Immigration For Dummies

[khairyexpat]

.......................................... ....................LAST UPDATE SUPERSEDES ALL PREVIOUS POSTS

.....................................................HOW MORE SIMPLE CAN IT BE ?
............................................................(yet it took me over 9 years) #5
If I had to do it all over again today, knowing this, I could get my Precaria (from A to Z) in less than 3 weeks.


Citizenship and Residency are 2 completely separate processes (absolutely nothing to do with each other).
Citizenship can be acquired directly without Residency. (Unique to Argentina.)

NO DNI PROCESS will be started before successful completion of either Residency or Citizenship. #1.



____________________________________________________________________________________________________________
RESIDENCY: The Netty Gritty:


#1.
The Horse Before The Carriage.

• Your 1[sup]st[/sup] task is to select and identify the Residency Category you´re choosing to qualify under.
• Then you start to gather the 7 Documents: the 6 standard + the ONE individual that supports your specific chosen category, e.g. PensionStatement or PreContractWorkOffer or UniversityAdmission or MonthlyRentalIncome … you get the picture.
• Then you present your case at Retiro, and they grant or deny your Residency request.
• If Residency is granted, then and only then you apply and get the DNI..

#2.
Residency Categories Requirements:

#2.1. Pensionado. Retired Passive Income. Monthly Minimum UNSPECIFIED. (I took a gamble and passed with ~ $1100 US. ….. Does any one know?). The only reference found is the website of the AR consulate in NY http://cnyor.mrecic....ar/en/node/2256 , clearly stipulating $2500 pesos. (obviously outdated … )​

#2.2. Rentista. Monthly Minimum very clearly specified (currently = $8000 pesos) and can NOT be changed arbitrarily without a new law or decree !. ... it hasn´t changed since the Dollar was 3 pesos. This is an ANOMALY (in your favor, … welcome to Argentina!!!) that can not last for much longer, and may never happen again. Non negotiable $8000 pesos. Immigration Agents have no DISCRETION on it. They don´t estimate, asses or evaluate, what it SHOULD be on an individual basis, how many members in your family, cost of living, … nothing of the sort. …. But they have to verify if the source is acceptable, if it´s laundry, ... etc.​

35]· MONTHLY PASSIVE INCOME is the criteria, e.g. Rent, Stock dividends, trust fund, interest, Capital Gains, etc (NO assets, NO Salary).​

35]· If you have a million Dollar sitting in the Bank, only the interest is your Monthly Income. If the interest is below $8000 peso, then you have to convert some of your $1 million to a Trust Fund that will pay you Monthly Passive Income. Or buy a real state property that pays you Monthly Passive Income (rent).​

35]· Set up a Panamanian company (they say it´s easy to do), with creative accounting it will regularly pay you a Passive Monthly Income in the form of stock Dividends (NOT Salary).​

#2.3. Work. Employee sponsored by an Argentine Employer (Certified to hire foreigners).​

35]· Some employer will sponsor your Work Res if you accept min. wage. (Teach English, IT, .. etc).​

35]· With an Argie partner, you could legally register an Argentine Business to get a Work Res. for your self as a Manager of that Business. ( notice you are not applying for or getting an Investor Res. #2.5..).​

#2.4. Family.​

#2.4.1.. .Marriage to Argentine Permanent Resident. doesn't have to be Argentine Native or Citizen, (Perm. Res.). #15.​

#2.4.2... Parenting an Argentine Child. (Perm. Res.). #15.​

#2.4.3... Being a Child of an Argentine Parent. (Perm. Res.). #15.​

#2.4.4... Family re-union. (Temp. Res.).​

#2.5.....Investor: Minimum of $300,000 pesos (latest figures) investment to employ and Create Work for Argentines. .​

#2.6.....Student. Certified institution will give you the 1 Individual document. Student Residency is outstanding. If you comply with all it´s conditions, you could work legally and on 3[sup]rd[/sup] renewal you qualify for Perm. Res. #13., #19.​

#2.6.1. Full Program will grant you a Temp. Res.​

#2.6.2. Short minor programs only lead to Trans. Res.. (even studying Spanish will qualify).​

#2.7......Medical Purposes.
#2.8......Religious Members.
#2.9......Artists.
#2.10....Sports.
#2.11....Political Asylum.
#2.12....Refugees.
#2.13....Scientists.
#2.14....Academics.
#2.15....Diplomat.
#2.16....Humanitarian.
#2.17....Special.​

#3.
Retiro: I booked my 1 week ¨Turno¨ online. Went by myself, ... all alone.
With the expectation: "Here we are ... My first day in a long grueling bureaucratic 6 months nightmare ".
Aside from answering few questions, paying $600 peso here (Res. fee) and $40 peso there (DNI fee), there is nothing else to do but wait while they do all the work.
He asked 2 questions:
Q: "Why are you here?".........…...... ....A: "Pensionado."
Q: "Why so many passports?"..…...... A: "Canadian passport expires every 5 years."
In less than 2 hours I walked away with my PRECARIA. I was shocked.


#4.
PRECARIA (90 days) + Passport = DNI
Instantly on the spot you get a PRECARIA until they mail your DNI when it's ready.
(Or instead of waiting for the mail, you can go pick it up yourself from RENAPER). It has been reported recently that they are backlogged with 3 month delay.
Instantly on the spot you can do anything & everything, (well .. almost) : (Driver License, Bank Account, Cross Borders, .. etc).
Of coarse there are always the exceptions (e.g. you can´t take your own car across the borders).


#5.
What took so long and caused 9 years of confusion? .. 3 things:

#5.1. Getting to understand the law took me 8 years. A complete Immigration process is mandatory, regardless if I'm living here as a tourist .. (don't work, drive with my own Canadian License, etc ...) .. It is the written law, (even if currently Argentina is NOT enforcing its own laws, . creating the illusion that it is OK to do the Colonia Run). Draw of the luck, 1 in a 1000 will enforce the law, ... and it WILL be GRAVE ( ultimately … court order to leave the country within 10 days, .. OR .. deportation on the spot at the airport .. ). Understand The Perma-Tourist Saga here. See also #18.​

#5.2. Figuring out the processes legal jargon in spanish. Putting the million pieces of the puzzle together to get the full picture. Sorting out the myth and misinformation. Pinning down the requirements (I got my Precaria, without knowing the Monthly Minimum .. still till this day .. don't know). Finally you know that it is NOT the mystery or the nightmare horror it´s made out to be.​

#5.3. Understanding and gathering Documents. I wasted few months and a lot of money trying to do it the hard way, before I knew that there is a better way.​

#6.
Canada is NOT a signatory of the Hague, (Apostle is not an option for Canucks)


#7.
Criminal Record [Canadian], is NOT required, .. if resided in Argentina the last 5 years, …… WASTE OF TIME & MONEY.

• Criminal Records from ALL countries you resided in, in the Last 5 years. Say you left [Canada] to Argentina 4.5 years ago. During which you went to Uruguay for 1.5 years. You will need 3 Criminal Records: [Canada] + [Uruguay] + Argentina Atecedentes.
• RCMP Criminal Record could be obtained in less than 1 week, like this:
  Your comesaria here, will take your ink fingerprints.
  You FedEx that to one of the hundreds of certified agents in [Canada], they will digitize it and send it to RCMP, Receive the result (3 days regular, 1 day rush), Legalize it and FedEx it back to you here.

#8.
I don't think there is a similar service for digital FBI background check for Yankees.
May be you can have a digital live scan if you're in the US and get your FBI report in 3 days.
But you can not FedEx your comesaria ink fingerprint from BA.
(I could be wrong, .. it is a new digital world .. things are changing).


#9.
Birth Certificate is NOT required, if you have Canadian Passport, ……. WASTE OF TIME & MONEY.


#10.
Documents

• A FOREIGN Document or a LOCAL Non Governmental Document, can NOT be accepted at face value (Worldwide standard bureaucracy). Has to be Legalized OR Apostilled. ( AND translated if not in Spanish).
• Documents DO EXPIRE. So plan the chronological order in which you gather them. RCMP expires in 90 days. Antecedentes Argentina expires in 90 days. Certificado de Domicilio expires in 30 days.
• Governmental Documents ( e.g. RCMP, FBI etc. ) are exempt from Notarization,
• Passport is a WORLDWIDE document (is exempt .. only needs a Legalized Translation).

#11.
Atecedentes Argentina is digital ( $40 pesos/4 days …... $100 pesos/1 day …… $150 pesos/6 hrs ).
Certificado de Domicilio can be substituted by a Bill in your name. For example "Luz", "CableVision", "Telefonica" or "Agua". .... "Luz" or "Agua" bill is more stronger than "CableVision". "Certificado de Domicilio" from Police is the strongest (most official of them all). It is very easy to get and will eliminate any doubt. Cost only $10 peso. (Don't understand why would anyone bother to recommend a bill in your name instead of the Police "Certificado de Domicilio").

• In Capital Federal it will be delivered to your door steps within 48 hours.
• In Provencia the Registro Civil gives you Declaracion Jurada de Domicilio ($20 pesos).

#12.
LAST entry Date (not 1st entry Date ) will be the official IMMIGRATION "DNI Fecha Ingreso al Pais", … (e.g. for tax purposes, .. etc…).
Previous entries are considered tourist entries, (even though they count for IMMIGRATION Requirements & processing purposes).


#13.
DNI = a permit to live and work.

• DNI´s have NO distinction of the Residency Category.
• ALL DNI´s (including DNI obtained as a Student ) will allow you to live & work, and transition to Perm. Res. on 3[sup]rd[/sup] renewal.
• DNI number remains the same when you transition from temporary to permanent & will always be marked in red "EXTRANJERO" & will also identify your nationality, and the number will be prefixed with "9". (as opposed to Mercosur DNI or Native DNI, or DNI acquired through Citizenship, .. these will not be marked as such).
• Temp. DNI expires each time Temp. Res. expires.
• Temp. DNI has to be renewed each time you renew your Temp. Residency.
• Perm. DNI also expires, but not for 10 or 15 years.

Temp. or Perm. Resident = a citizen/national of another country.


#14.
Bank Account needed?
Never the issue been raised or discussed [in my case].
(On a side note, I previously managed to have a bank account/purchase and register a car in my name .. [not to mention all utilities gas, luz, telefonica, cablevision .. etc] .. as a tourist with my passport only).


#15.
Marriage to a PERMANENT RESIDENT (doesn't even have to be an Argentine Native or Citizen) or fathering a child, or being a child of an Argetine, will lead directly to PERMANENT Res. directly right away ( no 3 years of temporary Res. ). (Tempting .. No? ... In my desperation I briefly contemplated the idea, but thank God didn't do it). Extremely complicated nightmare and dangerous tramite. They will find out if you were married before, even if you say you were not. They will ask for divorce papers (and even previous marriage certificate). Say, you decide to go ahead anyway, .. are you gonna fight for 2 years to get divorce after? No "Prenuptial" in Argentina. Your spouse will have the right to 50% of what you accumulate during marriage. Crazy stupid idea, to put it mildly. Playing with fire, you might get burned.


#16.
Citizenship is very hard to be lost or revoked. It's even more difficult (next to impossible), to renounce ones own existing citizenship.

• It's perfectly normal to acquire dual and multiple citizenships. Only very few countries prohibit dual citizenship (e.g. Germany, Singapore.. etc).
• Argentine Permanent Residency could be lost if you live somewhere else for more than 2 years.
• Residency could be revoked,... for example if indicted in a crime.
• US Permanent Residency could be revoked, for merely having INTENTIONS to live or acquire Residency in another country.
• An [Argentine/Canadian] dual citizen will be under Argentine law while in Argentina, under Canadian law while in Canada, but while in any other country, can choose which citizenship to use.
• If you hold dual nationality and stay inside of Argentina for more than 180 days then you must leave the country on a VALID Argentine passport.

Temp. or Perm. Resident = a citizen/national of another country.


#17.
Overstaying tourist visa earns you:

• IRREGULAR STATUS punishable by a $300 pesos fine.
• Before exit you can pay in person at Migraciones Retiro, OR at Terminal Omnibus Retiro, OR 24/7 at Ezeiza or Aeroparque.
• After exit without paying, it will show up on the system and you still can pay it online, but the system will have your history (you´re pushing your luck),. Avoid having history!!!
• Even if Migraciones rejects your residency application officially, you´re still IRREGULAR, and you still can overstay for years, while appealing in courts. Up until when you get a court order to leave the country (1 in a million chance), ONLY then .. that it ultimately becomes ILLEGAL. (Unique to Argentina). #18.

• For most of the rest of the world, it'd earn you an ILLEGAL STATUS right away. Day ONE after your 90 days, you´ll be subject to penal code, jail & black listed not to re-enter the country again for many years.
• Soliciting a new 90 days at Retiro will put you at a much higher risk for "Ultima Prórroga" than doing the Colonia run.

#18.
Deportation: Very Few Lucky Ones will get caught overstaying their tourist visa and will have their passport stamped "Ultima Prórroga" (Last Extension).

• Again, Very Few of the Above Very Few will once again get lucky one more time, when trying to re-enter the country with "Ultima Prórroga" stamp in their passport and will be denied entry visa. If you paid the $300 peso overstay fine before you left, .. they most probably will ignore the law and give a new 90 day stamp, even if you have the "Ultima Prórroga" stamp in your passport. ( yes .. yes … it all depends on immigration officer mood at the moment). 1 in 1000 WILL get lucky. It certainly DOES happen. 3 cases have been reported on this forum in the last few months. #21.
• WARNING: DO NOT try to re-enter with the overstay fine showing unpaid on the system AND without legal counsel pre planned before arrival. .. Rest assured you will be in big trouble, .. 100% guaranteed !
• Also be aware of the reciprocity fee stamp (good for 10 years … even if it´s in an expired passport). Eye for an eye retaliation fee, … you could be back on the same plane you arrived on, if you don´t adhere to the letter.

#19.
Prórroga: To renew Temp. Res. each year, you ask for a "Prórroga turno",
Radicacion: To change Residency (Cambio de Categoria), from Temp. to Perm. OR from Tourist to Temp. Res. OR from Tourist to Perm. Res., you ask for a different turno: "Radicacion turno". .. (They will throw you out if you book the wrong turno).

• Sixty (60) days before the end of each of the 3 years, you start the renewal or Cambio de Categoria process.

• Each Prórroga they´ll stamp your passport with ONE year. NO Precaria and NO photos. But, you´ll have to process the DNI seperately yourself (2 to 3 month process).
• Each Radicacion they´ll give you a Precaria, so you need to supply the fotos, and they will process the DNI for you seamlessly.

Perm. Res. can be obtained after accumulation “Tener Arraigo” of THREE (3) previous ONE year Temporary Residences (No Transitory Res. allowed), regardless of the Temp. Res. Category or combinations of Temp. Res. Categories you accumulate, e.g. (1 year Student + 1 year Rentista + 1 year Pensionado), with a minimum of 6 month stay in the country for each year, with an UNINTERRUPTED renewal each year. By letting one Temporary Res. expire, ALL previous accumulation will be lost. You'll have to re-start all over again ANEW.


#20.
The 1 INDIVIDUAL Document is a collection of ALL the components required to support the specific Res. Category applied for.
For example:
For a Student Temp. Res. it is a LOCAL LEGALIZED Document composed of 3 components:

• Certficado de Alumno Regular,
• Certificado Analítico con Materias Aprobadas (transcript),
• and a "note" from your Master's or Doctoral program.

For Marriage Perm. Res. it is a LOCAL EXEMPT Document composed of 2 components:

· Marriage certificate​

· Copies of the Argentine spouse´ DNI.​

For [me] Pensioner it was a FOREIGN LEGALIZED Document composed of 2 components:

· Service Canada Pension Statement (CPP + OAS),​

· RIFF statement from my Bank. (the 2 components together to exceed the minimum … which remains Unknown & Unspesified till this day)​

#21.
IMMIGRATION OFFICER DISCRETION AT THE BORDERS … is far reaching. … Almost absolute, for so many countries around the world (Argentina is no exception).

• He and he alone, (.. and yes depending on how he feels at the moment) can decide to deport you on the spot right there and then, … put you back on the same plane you arrived on.
• He/she can deny you entry even the FIRST time you visit the country. (Trying contortionist definitions of a tourist is piontless).
• The only difference is that in Argentina 1 in a 1000 will exercise this power, in the rest of the world the opposite, 999 out of 1000 you will get caught.

Better be honest, even if you overstay, don´t make him feel like a fool.


#22.

• 80%..of straightforward average cases, ... that is all you need to know. Everyday, hundreds if not thousands are processing their own immigration at Retiro without specialized legal representation.
• 10%..special cases may need extra info, ... dig deeper on BAExpats.org, .. OR .. seek professional counsel.
• 10%. are severely complicated acute cases ( + those who couldn't be bothered), .. definitely seek professional counsel. Don´t mess it up, .. you could make it worse.

#23.
A very special thanks and gratitude to @kettle for his meticulous guidance and tremendous valuable input.
It goes without saying @Bajo_cero Dr. Rubilar is the MASTER .
I have ZERO legal background.
For 9 years as a permaTourist I did not know any of this, till I came across BAExpats by accident.
I sifted through few selective posts of SteveInBA's Mammoth thread "Argentine Citizenship for Foreigners", to figure out my case.
Other posts skimmed over my head..... SEVERAL YEARS worth, .. 1000´s of posts .. heated arguments and legal jargon.
I'm not soliciting anything or giving any advice. Just offering my time to share my own personal experience.
Hoping it may be useful to someone who doesn´t know, the same way SteveInBA's OP was helpful to me.
I get a kick & a sense of satisfaction when I learn how to do something new. (fix my car {when I was younger}, do my Int´l taxes {when I worked in the US}, .. ). Even if at the end I hand it over to a professional, it's comforting, .. I'm not totally in the dark.
Says who .. an old dog can't learn a new trick?


#24.
Your valuable input, .. (Info / Content / Value Added) UPDATES, ADDITIONS or CORRECTIONS are most welcome.
You will be helping someone who doesn't know and needs to know.


#25.
Important Addresses:
Direccion Nacional de Migraciones (Retiro)..........Av. Antartida Argentina 1355
Argentine Ministry of External Affairs....................Arenales 819
Colegio de Traductores Publico ...................... ....Av. Corrientes 1834
Registro Nacional de Reincidencia.......................Tucumán 1353
Registro Nacional de las Personas.......................Hipólito Yrigoyen 952
Registro Nacional de las Personas.......................Jujuy 468
Poder Judicial de la Nacion...................................Talcahuano 550

Tramite Migraciones.............................................http://www.migracion...dni_extranjeros
Turno Migraciones................................................http://www.migracion...e/?turno_online
Antecedentes Penales..........................................http://www.jus.gov.ar/rnr-crtificado
Antecedentes Penales..........................................http://www.dnrec.jus.gov.ar
Argentine Citizenship For Foreigners....................http://baexpats.org/...for +foreigners
Registro Nacional de las Personas ...................... http://www.mininteri...per/renaper.php










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[khairyexpat]

As usual my memory failed me again, I missed to include the following 2 lines in Bullet #10. :

• Foreign Documents are legalized at Ministry of Exterior.
• Local Documents are legalized at Ministry of Interior.

 

[khairyexpat]

_________________________________________________________________________________________________________________________
INT'L TAXES For Dummies:

Another for Dummies, but much much more complicated thread to tackle.
For 80% of average straightforward tax payer who couldn't afford an accountant.
(If you can afford an accountant you probably need one)
.
.
..............................................................CURRENTLY UNDER CONSTRUCTION
..

It´s a miracle that ¨Immigration For Dummies¨ survived till maturity.
It´s been heart warming to receive meticulous support. and I can only be grateful.
I´ll be happy and content, if this post can be of some help to someone,.

Not so much luck with the much more complex twin post ¨Int´l Taxes For Dummies¨. http://baexpats.org/...page__hl__taxes
It´s with much regret that I have to rescind releasing it at this point in time.
One year on and still in the cross hairs. Every time I tried to release it, was met with resistance, negativity, and personal attacks (Ideas´ attacks are constructive and required). I made it abundantly clear that I´m retired, I was/am/will NOT solicit/soliciting anything. It was all free, gratis.

RIP ... ¨Int´l Taxes For Dummies¨ !

BAExpats is great place to exchange ideas. I´m absolutely sure, there must be others HOLDING OFF their better and brighter ideas, just for fear of the negativity. I realize that it´s the nature of the beast at the moment, but some day a courageous soul will find a way to reduce the negativity and clutter. BAExpats will be much richer for it.

 

[jantango]

You have stated many times in this thread that a Permanent Resident has (1) a permanent DNI, (2) no passport, and (3) no right to vote.

Today, I found this: http://www.buenosaires.gob.ar/tramites/empadronamiento-de-extranjeros-0
which details the requirements of foreign residents of the city of Buenos Aires and their right to vote in the city elections. Those who have a DNI extranjero, live permanently in the city of Buenos Aires for at least THREE years, and are 18 years of age are eligible to register to vote for mayor and city legislators.

I'm sure there are many on this forum who qualify to vote in the upcoming election.

When you can register to vote:
"The application may be submitted throughout the year, but the incorporation of the definitive electoral roll before each election shall be held on the same occasion in which national voters are incorporated."

Argentines have to register 180 days before a national election to be eligible to vote.

After writing this post, I decided to request a turno online to register. The earliest date given on the calendar to register at the location I selected was JUNE 1. I completed the information and have my turno to register at 15:30 on that date. It's after the registration deadline of April 28 to vote in the national election, for which I'm eligible as a new citizen.

 

[dolcem]

Does anyone have any advice on the easiest, cheapest way to get a student visa (which seems to be the best way to get a DNI)?

I'm looking for work here (besides teaching English) and no one will even interview me without a DNI. I want one, and fast. I looked up taking courses at the UBA but you have to be currently enrolled in a university (I already graduated). Signing up for one of the graduate programs appears to be a long process as well. The diagram mentions studying Spanish as one of the possibilities, but only for a residencia transitoria, and that for a residencia temporal you need a "full program." What constitutes a "full program?" Where can I learn more about this? I want to figure out the fastest and cheapest way to getting one so I can start interviewing.

 

[khairyexpat]

It`s been a while.

I just wanted to mention that .... http://baexpats.org/...tting +category is an integral part of this thread.

In addition, ... quite a bit has changed since, and I never got a chance to release a new update to reflect these new changes. The problem is that it`s a tedious and time consuming process.

Some day hopefully I`ll get around doing just that.

 

[Gringoboy]

Good grief, this is an incredibly well researched resource.
You must be a very patient bloke.

 

[Ceviche]

Does anyone have any advice on the easiest, cheapest way to get a student visa (which seems to be the best way to get a DNI)?

Try to enroll yourself in cooking school. I know some American girls who got their student visa and DNi through the route.

But you would have to attend regular classes.

 

[ElCordobés]

A friend here in Cordoba just received Rentista by having a US$1000/mo book deal...three year contract (I believe it was her own US LLC that signed her...contact started about a year ago). Rather creative. The contract was notarized, Apostilled and translated. Also had accountants letters from both Argentina and US. 12 months of bank statements, stamped by her banker, notarized and Apostilled. Migraciones gave approved the precaria. She had checked in with them before and they stated that would qualify as regular passive income.

Another friend from BA also did Rentista. He owns a rental property in the US...it has a mortgage, but migraciones was only interested in the "income" that it provided, which in reality is enough to cover the house payment not the expenses. He also had an accountant in the US complete a Spanish signed form, notarized and Apostilled. This was about three weeks ago. No problem with his appt either. I can post the text of the form here if interested.

I think there are ways to meet the requirements if one is determined and exercises some creativity. Based on recent reports--high time to get moving on this.

I will advise soon what I find out about going from Rentista (or other temp status) to citizenship without representation (if the court will provide some guidance). The first example above--she has not left Argentina in several years, once she's legal...maybe she can go the citizenship route like a permanent resident? She'll meet the two year requirement and she has honest income. Also saving her from providing additional proof or meet new requirements each year. Hmmm...

 

[Ceviche]

El codobese

you could provide the English text of "proof of income" provided by the banker.

The migraciones looks for certain words in the letter provided by the bank.