Overstaying 90-day limit

#21
You must qualify for a visa (look at the articles section about immigration for dummies) or citizenship. Citizenship now is more difficult but possible, but only with a lawyer now.

When you wrote that "Citizenship now is more difficult but possible, but only with a lawyer now." were you referring only to foreigners without a DNI or all foreigners who seek Argentine citizenship?
 
#22
I've already overstayed my 90 day period as well as the grace period so I'm officially illegal...I'm working full-time but the company is based in Canada (I.e they don't provide anything in terms of visa sponsorship/help here in Arg) and renting an apartment for myself, obviously paying in cash.

What steps should I take and in what order? What should I do first, second, etc in order to start the process of obtaining some type of legal residency while giving myself the least chance of being deported/detained on the spot wherever I go..
As Dr. Rubilar indicated, you could apply for citizenship, but (based on his posts in other threads) you may have to have already been living in Argentina about a year to begin the process. Though I don't have the latest figures, I believe that you would also have to spend at least $6000 USD to get the citizenship. The fee varies from one "citizenship attorney" to another. Dr. Rubilar has been the trailblazer in obtaining citizenship for foreigners without legal residency.

If I remember correctly, a member from Canada once posted that Canada does not "allow" dual citizenship. Dr, Rubilar recently posted that you do not have to renounce foreign citizenship when you are granted citizenship in Argentina, so it might be "possible" to have both.

Others have posted that the "easiest" temporary residency to get is as a student, so that might be a possibility, but you would have to actually enroll in a "school" and attend classes. I don't know if taking Spanish or Tango lessons would get you a student visa.

Neither do I know (since the decree DNU 70/2017 went into effect) how aggressive migraciones has been about hunting down foreigners who have overstayed their 90 day visas. If you provided the address where you are now renting on the immigration form when you first arrived in Argentina, you will be easier to find.than if you found and rented your apartment after your arrival.

You and Orion are in the same situation as far as haveing overstayed your visas as well as the grace period. You both are "honest people" as Dr, Rubilar uses the expression, but the DNU 70/2107 appears to target foreigners whose only "offense" is not having valid residency..

As a result of the decree, foreigners in your situation no longer have the rights that are (in Dr. Rubilar's esteemed opinion) guaranteed by the Argentine Constitution. If I remember correctly he recently posted that the enforcement of the decree had become less aggressive, but I wonder to what extent the federal police are cooperating with migraciones and what actions they might take if you are involved in an accident or make a report following a robbery or mugging.

Based on the factors I've mentioned, as well as some that may be "unknown" at this point, it's impossible to say how long you will be able to stay under the radar.

I'm curious to know (prior to your arrival in Argentina) if you were aware of the residency requirements for staying in Argentina beyond the expiration of your 90 day visa and the one time 90 day extension that was available for up to 30 days after it expired (if you had asked for it). It might also be helpful to others who may read this topic in the future if your employer "sent"you to work in Argentina without legal residency and if they were aware of the possible consequences of working here without it.

If you were working for a company that was registered to do business in Argentina I believe that you would be "paying"income tax on your salary that exceeds (approximately) $20K pesos per month and your employer would be paying at least something toward your health insurance (obrera social?). and your retirement benefits.

What will you do if you. get sick or need health care? Do you have private insurance? I've had uninterrupted "legal:" residency in Argentina for over eleven years, so I don't know if it's possible to get private coverage without it. I don't think a public hospital would deny you care without a valid visa, but seeking care at a private hospital might be a wise alternative.

I suggest you contact your employer and make sure that they know the details (and possible consequences) of your current immigration status. If migraciones knows your current address I suggest you make arrangements with someone to bring your personal stuff to you (at the airport?) on the day of your deportation if you are not allowed to return to the apartment prior to your departure. You will have some time after you are detained (at least two weeks?) to contest the deportation order, but if you do, you will be detained much longer.

Of course the easiest "solution" at this point is to buy a ticket back to Canada, pack your stuff, pay the overstay fine at the airport, and leave Argentina. If you do that I think you will be able to return to Argentina in the future, but I have no idea how long you should wait before doing so.If you wait to be deported I doubt if you will be able to return any time soon. It might be five years. Dr. Rubilar will know for sure.

In another thread Dr. Rubilar indicated he believed the purpose (or at least one of them) of the DNU 17/1917 was "ethnic cleansing" of non whites, but it appears to me that foreigners (regardless of race) who are working in Argentina without legal residency are also a target of the decree,

Unless you find a category of residency you can qualify for (and are sure you'll be approved when you apply for it) or you are willing to apply for citizenship (and have been in Argentina long enough to start the process), I believe you should seriously consider leaving of your own volition...while you still can.

If I'm wrong about any of this I'm sure Dr. Rubilar will correct me. He is always welcome to do so.
 
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#23
It might also be helpful to others who may read this topic in the future if your employer "sent"you to work in Argentina without legal residency and if they were aware of the possible consequences of working here without it.
The above sentence should have included the words "to know"and "if either of you" as follows:

It might also be helpful to others who may read this topic in the future to know if your employer "sent" you to work in Argentina without legal residency and if either of you were aware of the possible consequences of working here without it
 
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#24
Guys,

Thanks a bunch for the info. Very helpful.

To answer your questions: I did not come here because of/for the job I have now. Nobody "sent" me here, I came of my own volition. I was aware of the 90 days, it was really just due to my own stupidity that I'm in this situation now. I got comfortable, the time passed, and I listened to some people who didn't know what they were talking about when they told me "it's not a big deal". I had never done anything like this so I didn't know how complicated it could be.

My employer is a company based out of Canada (I work remotely) so they really don't seem to care what our status is here. I have no health insurance or anything like that.

So if I understand you correctly, the options (in order of viability) would be:

1) Pack my stuff and leave for a bit. Hopefully I am allowed to come back.
2) Research some possible visas. Regarding this, if I hypothetically found one for which I could qualify, would my overstaying be a problem anyway? That is to say, should I attempt to leave and come back before I apply for said visa? Or won't it be a problem?
3) Attempt to hide out until I pass the threshold (1 year? 2?) and apply for citizenship with a lawyer on my team.

Hopefully I do not get sick or do not need the police for anything :( what a mess!
 
#25
Go to Uruguay all this crap is not going on there better jobs etc. Get out this no mans land besides URU kicks ARG ass any day a thousand times over. When I crossed the boarder the URU the boarder police where like do not leave come in the office we can set up everything you need. My wife was like no he is going with me we are Argentinians. I stayed there 5 years on my passport and ARG DNI. Which I would never have left really but family matters were at hand.

I am married to and Argentinian in Corrientes I have been back several months and I can say this place is so messed up it is pathetic. The people are rude they follow no rules of manors at all. I think they are just stupid and oblivious in reality. Most have zero respect for their neighbors it really is a long list. I am sure if I was not over 6 feet tall and a gym monster they would be trying rob me. LOL like living in land that is half civilized but the other half are not humans they are animals. Pity for the poor, you cannot fix that, it is what it is and they will rob or kill you and you better be aware of that.
 
#27
The enforcement of the decree is weaker since the prosecutors are against it, but at the DNM it is stronger.

You can get medical private insurance with passport, Hospital aleman is the friendliest option.

If he talks about this with his employer he is going to be fired in 5 seconds.

The police does not cooperate at all with the DNM, they are skeptikal as far as they know what illegal arrest means (and how many years of jail it is for the public officers involved).
 
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#28
Define god level racism:
Go to Uruguay all this crap is not going on there better jobs etc. Get out this no mans land besides URU kicks ARG ass any day a thousand times over. When I crossed the boarder the URU the boarder police where like do not leave come in the office we can set up everything you need. My wife was like no he is going with me we are Argentinians. I stayed there 5 years on my passport and ARG DNI. Which I would never have left really but family matters were at hand.

I am married to and Argentinian in Corrientes I have been back several months and I can say this place is so messed up it is pathetic. The people are rude they follow no rules of manors at all. I think they are just stupid and oblivious in reality. Most have zero respect for their neighbors it really is a long list. I am sure if I was not over 6 feet tall and a gym monster they would be trying rob me. LOL like living in land that is half civilized but the other half are not humans they are animals. Pity for the poor, you cannot fix that, it is what it is and they will rob or kill you and you better be aware of that.
Stay in Uruguay, we do not miss you.

FYI having AR DNI you have the right to live there, it is not a matter of attitude, it is the law ;)
 
#29
Research some possible visas. Regarding this, if I hypothetically found one for which I could qualify, would my overstaying be a problem anyway? That is to say, should I attempt to leave and come back before I apply for said visa? Or won't it be a problem?
Of the list of visas below I'm guessing that the only category of temporary residncy you are likely to be able to qualify for is as a student. I don't think you would have to leave and come back before applying for the visa, but you should be absolutely certain that you are enrolled in approved course of study at an academic institution that is approved by migraciones before you go to migraciones to ask for the visa.

It shouldn't mater how long you have overstayed when you apply for a student visa or any other category of temporary residency. You will have to pay the overstay fee as well as the fee for the student visa. If, however, as Dr. Rubliar has indicated, you are not granted the precaria, you will be subject to immediate arrest and subsequent deportation.

Based on what Dr. Rubilar wrote you might have a good chance to stay under the radar of migraciones for quite a while without getting temporary ressidency, but he didn't indicate whether or not they go hunting for those who have overstayed at the address they furnished on the form when they first arrived in Argentina.

TRABAJADOR MIGRANTE
PACIENTES BAJO TRATAMIENTO MÉDICO
RENTISTA
ACADÉMICOS
PENSIONADO
ESTUDIANTES
INVERSIONISTA
ASILADOS Y REFUGIADO
SCIENTÍFICOS Y PERSONAL ESPECIALIZADORAZONES
HUMANITARIAS
DEPORTISTAS Y ARTISTAS
FAMILIAR TEMPORARIA

MIGRANT WORKER
PATIENTS UNDER MEDICAL TREATMENT
PASSIVE INCOME RECIPIENT
ACADEMICS
RETIRED (WITH PENSION)
STUDENT
INVESTOR
ASYLUM AND REFUGEE
SCIENTIFIC AND SPECIALIZED PERSONNEL
HUMANITARIAN
ATHLETES AND ARTISTS
TEMPORARY FAMILY (REUNIFICATION)

If you have a burning desire to live in Argentina for many years into the future it might be worth the risk to say here without a DNI until you can apply for citizenship. As far as I know, you do not have to have a job "en blanco" when you apply for citizenship, just an "honest (non criminal) means of living" and you already have that.
 
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#30
To Brandon and Orion: if I've read correctly neither of you have a compelling reason to remain in Argentina. If there are compelling reasons (wanted by the Feds back home, have a nice love-nest here etc etc etc) telling those reasons might help you receive better-targeted advice.

To Steve: my son has taken Canadian citizenship and hasn't had to drop his UK citizenship; my daughter-in-law has always had dual US/Canadian citizenship because of her birth-parents but hasn't taken up Dutch citizenship (place of birth) because, she tells me, the Dutch will only accept one citizenship. So yes, there are places where dual-citizenship isn't permissible but I don't think Canada is one of them.