No more permanent residency!?....

[soulskier]

A classic "Vamos a ver". Thanks for the update Rhys!

 

[2GuysInPM]

Thanks for the info Rhys! and thanks to Mr. Celano as well.


I've been looking into this as well since I started the thread. All I could gather on my own was that:

• Law 25.871 does not specify how changes of status (cambios de calificacion) are to be done. It simply delegates this task to Migraciones (DNM). The previous migration laws it replaces (Law 22.439 and decreto 1023/94) were also the same in this regard.
• Law 25.871 has not been regulated (reglamento) yet even though its past due. Work is underway by DNM and the Interior Ministry since Oct. 2008 for this "decreto reglamentario" project.
• It will likely be up to DNM again to determine the change of status (cambio de calificacion) process and requirements once the reglamento is passed, and if there is nothing in there that prevents them from doing so.

Hopefully when the reglamento is passed, things will stay as they were in regards to change of status. It seems to me that this has been left to DNM in the past and I hope the new reglamento either keeps the same process or directs DNM to keep doing what they have been doing. IMHO, it would be stupid for DNM to not provide a viable path to perment residency for some or all of its temporary residents.

I gathered this info on my own by reading the migration laws and searching online; so I don't know this to be 100% correct, but it seems to be in-line with what Hector Celano told rhys. It does make sense that while the new reglamento project is in process, DNM may suspend some of the procedures that are not well defined in the current migration law until the decreto is issued.

Like soulskier says, we'll have to wait and see...

 

[davejohnson333]

Please contact this Lawyer, Gabriel Celano at [email protected]. He knows exactly how to deal with his. I have some friends that hired him and they got their DNIs very quickly.

Is this guy really that good? Have others here used him and what was
your experience?


Thanks, David

 

[davejohnson333]

I hope Sr. Celano indeed knows how to deal with it. I have never met him or exchanged any communication with him, but he has made several posts on this forum that were very helpful to a "do-it-yourselfer" like me.

Can you direct us to those posts? Perhaps knowing his username will help?


Thanks, David

 

[2GuysInPM]

A follow up on what I wrote above...

Aside from Law 25.871 not defining a chage of status path (temporary to permanent); Articles 22 and 23 should be of interest...

Article 22 considers "permanent residents" those foreigners who apply under such condition, also foreginers who have a family connection (marriage, children, or parents) with/that are an Argentine citizen(s) (native or naturalized).

Article 23 on the other hand defines "temporary residency" for foreigners who apply and enter the country under all the residency visas we're familiar with; including migrant worker, rentista, pensioner, investor, students, etc., etc.

Thus it could be inferred from those 2 articles (and a missing clause for change of status) that anyone with those types of visas listed in article 23 is limited only to temporary residency.

But then again, DNM already had a change of status path defined for anyone carrying many of those visas in question. I do hope the new regulation decree for this law does not inferr the same as above, as that could ultimately result in the elimantion of change of status for those visas. But if that happens, I also think there might be grounds to contest it, given a path was previously established and put into effect by DNM.

/just my 2¢

 

[soulskier]

Remember to refrain from using logic! ¡Estamos en Argentina!

 

[2GuysInPM]

Remember to refrain from using logic! ¡Estamos en Argentina!

I know.. I know..

 

[soulskier]

Any updates? We were in the office on Friday and they said we were still "en trámite" and had no new news.

 

[2GuysInPM]

Any updates? We were in the office on Friday and they said we were still "en trámite" and had no new news.

No updates from our end.... But we don't do our 3rd renewal + perm app until next year. I will post if I get any news about it before then.

 

[soulskier]

Igualmente on this side of things.