Multi-year Spanish School; Citizenship

I have another question. If there is no longer a requirement to have a real visa (residency), what are you supposed to do to legally stay in the country six months? Are border runs going to be OK now?
It was never a serious requirement. I got the unconstitutionality of the DNU 70/2017 in 99% of my cases.
You just overstay.
If you are not a tourist, then you are an inhabitant.
Border runs never were Ok. It migh be in the US with a different law and Bill of Rights, but here it is an issue.
 
In another thread it is mentioned that your 183 days start when your precaria is given. But if you are a tourist then you have no precaria. So does it start based on your passport stamp?
 
In another thread it is mentioned that your 183 days start when your precaria is given. But if you are a tourist then you have no precaria. So does it start based on your passport stamp?
Based on what I've read in this thread, as an inhabitant (without temporary residency), you can get a precaria after applying for citizenship and the six month (or 183 day) requirement to stay in the country to be able to renew temporary residency does not apply.

Based on what I've read in other threads, you can start the citizenship process (apply) immediately after your arrival in Argentina, but citizenship will not be granted until you have been in Argentina "most of the time" for two years.

In addition to the date that I was granted permanent residency in 2009, my DNI (issued in 2014) also has the date of my first entry in Argentina in 2006 (the date stamped in my passport). Of course the date of first entry for a foreigner who enters Argentina with a passport will always be in the system and I'm 99.999% certain that would be the start date for the two years required for citizenship.

PS: I'm not sure if the two year requirement applies to a foreigner who is married to or the parent of an Argentine.
 
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It was never a serious requirement. I got the unconstitutionality of the DNU 70/2017 in 99% of my cases.
You just overstay.
If you are not a tourist, then you are an inhabitant.
Border runs never were Ok. It migh be in the US with a different law and Bill of Rights, but here it is an issue.
Questions:
1. At what point can I request the Spanish exam? My Spanish is good so I have no problem doing it, but was wondering if I need to wait for all other requirements to be submitted, like oficios etc. and just do it right BEFORE petitioning the court to "pasar a sentencia"?
2. Convenio respond via DEOX when the request is send to them that way but how did they used to respond under the old system when the oficio were sent on paper? What is the name of the system? Is it GDE?
cheers.
 
In another thread it is mentioned that your 183 days start when your precaria is given. But if you are a tourist then you have no precaria. So does it start based on your passport stamp?
There is no such thing as 183 days or 6 months rule. You can request the extension/prorroga of existing temporary residence only if you have been physically precent 50% or more in Argentina for the period of the temporary residence. This is a slightly grayish legal area BUT you become resident on the day of your radicaccion (when the disposition of migraciones is issued), not the date of the precaria nor the day your DNI is issued (the DNI is optional actually). If your precaria was issued on 1 February, and your redicaccion was issued on 1 April and you had requested 1 year residence, your residency would expire on January 31 and you will be resident for 10 months so technically you have to be in Argentina for 5 months. So always count 50% based on the date of radiccacion on the dispo. from Migraciones. If you radicacion is for say 14 months then you'd have to be here for 7 months in that period. etc etc.
 
There is no such thing as 183 days or 6 months rule. You can request the extension/prorroga of existing temporary residence only if you have been physically precent 50% or more in Argentina for the period of the temporary residence. This is a slightly grayish legal area BUT you become resident on the day of your radicaccion (when the disposition of migraciones is issued), not the date of the precaria nor the day your DNI is issued (the DNI is optional actually). If your precaria was issued on 1 February, and your redicaccion was issued on 1 April and you had requested 1 year residence, your residency would expire on January 31 and you will be resident for 10 months so technically you have to be in Argentina for 5 months. So always count 50% based on the date of radiccacion on the dispo. from Migraciones. If you radicacion is for say 14 months then you'd have to be here for 7 months in that period. etc etc.

I think we are referring to 2 different things. To apply for citizenship I will need to be in the country 183 days for 2 years.
 
There is no such thing as 183 days or 6 months rule. You can request the extension/prorroga of existing temporary residence only if you have been physically precent 50% or more in Argentina for the period of the temporary residence. This is a slightly grayish legal area BUT you become resident on the day of your radicaccion (when the disposition of migraciones is issued), not the date of the precaria nor the day your DNI is issued (the DNI is optional actually). If your precaria was issued on 1 February, and your redicaccion was issued on 1 April and you had requested 1 year residence, your residency would expire on January 31 and you will be resident for 10 months so technically you have to be in Argentina for 5 months. So always count 50% based on the date of radiccacion on the dispo. from Migraciones. If you radicacion is for say 14 months then you'd have to be here for 7 months in that period. etc etc.

This is interesting information, but none of it applies to an "inhabitant" who entered on a "tourist visa" and does not have temporary residency but wants to apply for citizenship, does it? If I understand correctly, the "precaria" Bajo_Cero2 mentioned in this thread is based on the application for citizenship. T

The only prorroga de permanencia (extension of stay) a person with a tourist visa can request at migraciones is for 90 days, but that would seem pointless if the person is planning to overstay and has already applied for citizenship.

I think it would also be helpful to know who issues the "precaria" after the application for citizenship has been submitted.. Is it the court or migraciones?
 
This is interesting information, but none of it applies to an "inhabitant" who entered on a "tourist visa" and does not have temporary residency but wants to apply for citizenship, does it? If I understand correctly, the "precaria" Dr. Rubilar mentioned in this thread is based on the application for citizenship. T

The only prorroga de permanencia (extension of stay) a person with a tourist visa can request at migraciones is for 90 days, but that would seem pointless if the person is planning to overstay and has already applied for citizenship.

I think it would also be helpful to know who issues the "precaria" after the application for citizenship has been submitted.. Is it the court or migraciones?
The precaria is a no man's land. It's a provisional residency issued by Migraciones while your application for residence is being considered. The problem is that at some point the backlog and the time required to grant actual residencies became so long that there were people living in Argentina for years on a precaria. Technically, it was not counted as sufficient to trigger a "arraigo" for either citizenship or permanent residence. But some thought it did as it is not clearly defined legally. Macri's government decided to close this loophole and clearly defined the time spent under a precaria is not counting toward anything -- neither permanent residence nor citizenship. BUT Fernandez overturned this this year so this is now back to the old times. Open to legal interoperation. Bajo and others who work on this try to convince the courts that someone who has been here as a tourist or irregular for 2+ years has the right to access the carta de ciudadania and that any time spent under the precaria should count. Before the Macri decree was overturned not having a temp or permanent residence usually meant an automatic dismissal of the case. Now judges are more cautious and would review most cases BUT it would still be a long and tedious process without a DNI. I would guess 3-5 years. And you definitely need a lawyer to help if you have no residence and want the carta de ciudadania. Bajo would be a great choice, this is his specialty.
The precaria has nothing to do with the court. A lawyer can petition the court to require Migraciones to issue a precaria while your legal case is being reviewed, but it's a complicated process and not guaranteed. It has happened before but it's not very common. In any case, while your application for citizenship is under review you should not be subject to deportation or removal from the country but you'd have to stay here and cannot travel abroad (as you might be refused re-entry) and as I said such complicated cases would take probably 3-5 years while someone with a DNI should have a resolution in 1-2 years.
 
A Republic is built around the aphorism liber est civitas (freedom is citizenship) while a Monarchy is ruled by an immigration law because Kings were conquerors and locals for them foreigners.
There is no loophole, only a political struggle.
Art. 1 of the Argentine Constitution says we are a republic.
 
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