OverStaying in argentina due to COVID-19

[ventanilla]

Also, the suspension of administrative procedures regarding migration expired on April 16th.

"Suspéndense los plazos para el cumplimiento de toda intimación, emplazamiento o citación emanado de tramitaciones en curso en la órbita de la DIRECCIÓN NACIONAL DE MIGRACIONES, así como del cumplimiento de intimaciones a regularizar ordenadas en los términos del artículo 61 de la Ley N° 25.871, por el término de TREINTA (30) días corridos a partir del día 17 de marzo de 2020."

So even that is wrong.

 

[Jeremias]

I am in contact with immigration NGOs as well as other immigration lawyers and NONE OF THEM have heard anything about this 'visa suspension'. You can check, Google it, look at the websites of respected organisations that advise migrants in Argentina. They list the DNU, they do NOT have anything about 'visa days being frozen'. I also E-MAILED MIGRACIONES, they told me there is no such thing and the only measure at this time is the 30 day extension DNU. This is corroborated by their website, which ONLY features a link to the DNU, nothing about 'days being suspended.'

See yourself: https://www.argentina.gob.ar/interior/migraciones/covid-19-radicaciones

Bajo, you can't simply coast by on being a lawyer without even providing links to the laws in question or anything that corroborates your interpretation. Our future is at stake, we can't afford to just take your word for it, that's not good enough, especially when it's contradicted by absolutely everyone else.



This does not help us. Those of us with expiring visas are not worried about deportation, we are worried that once we finally leave we will get an overstay marked down on our record, making it more likely that we will be denied entry in the future and less likely that we will be granted residency visas if we one day apply. Suspending administrative procedures is irrelevant to this.

It is incredibly annoying that a native Spanish speaking lawyer simply ignores our confusion over the wording in the DNU to say "Administrative procedures are suspended" over and over again. You could at least have answered our simple question about who gets those 30 extra days - the answer which for some of us may be the difference between an overstay or not - and THEN moved on to talking about what you think is better, but no, our concerns are ignored. Is this how you operate with your clients too?

I have answered this part, above on the thread (post number 12). Tourists are included in the residentes transitorios list of people getting the 30 extra days.

 

[ventanilla]

I have answered this part, above on the thread (post number 12). Tourists are included in the residentes transitorios list of people getting the 30 extra days.

Yes but the question was whether the 30 days are only applied to visas that expired from March 17 to April 16, or all visas. The wording in the DNU is ambigious.

 

[Jeremias]

Yes but the question was whether the 30 days are only applied to visas that expired from March 17 to April 16, or all visas. The wording in the DNU is ambigious.

OK, let me try to explain, as I see it:

"Las prórrogas aquí dispuestas, aplicarán a toda aquella residencia o inscripción cuyo vencimiento hubiese operado a partir del día 17 de marzo de 2020 inclusive y por el término de TREINTA (30) días corridos. "

It means that , if your normal visa validity comes to an end at any date on or after the 17 of March, this validity is extended by thirty days.

In any case, this is also mentioned: Que corresponde consecuentemente atender la situación de aquellos ciudadanos que, operando sus vencimientos en las actuales circunstancias, no podrán peticionar en tiempo y forma, o en caso de hacerlo infringirían las medidas de aislamiento social recomendadas en el marco de la emergencia mencionada.

It means nobody can reproach you the fact that you were not able to complete your paperwork during the quarantine.

 

[dsp27]

OK, let me try to explain, as I see it:

"Las prórrogas aquí dispuestas, aplicarán a toda aquella residencia o inscripción cuyo vencimiento hubiese operado a partir del día 17 de marzo de 2020 inclusive y por el término de TREINTA (30) días corridos. "

It means that , if your normal visa validity comes to an end at any date on or after the 17 of March, this validity is extended by thirty days.

In any case, this is also mentioned: Que corresponde consecuentemente atender la situación de aquellos ciudadanos que, operando sus vencimientos en las actuales circunstancias, no podrán peticionar en tiempo y forma, o en caso de hacerlo infringirían las medidas de aislamiento social recomendadas en el marco de la emergencia mencionada.

It means nobody can reproach you the fact that you were not able to complete your paperwork during the quarantine.

http://www.migraciones.gov.ar/pdf/radicaciones/disp-1923-2020.pdf

The DISP was extended on 15 April and just published on the Migraciones website. As previously pointed the DISP only extends residency and visas for 30 days from 17 March, and now with additional 30 day...so basically till min-May. I want to see how they will deal with the backlog after we get back to some sort of normalcy. Migraciones was hell before, it would be even worse now.

 

[dsp27]

OK, let me try to explain, as I see it:

"Las prórrogas aquí dispuestas, aplicarán a toda aquella residencia o inscripción cuyo vencimiento hubiese operado a partir del día 17 de marzo de 2020 inclusive y por el término de TREINTA (30) días corridos. "

It means that , if your normal visa validity comes to an end at any date on or after the 17 of March, this validity is extended by thirty days.

No it only extends for 30 days IF expiry falls within the "término de TREINTA (30) días corridos" it's not a blanket extension beyond 30 days. Now that the DISP has been updated those that have their visa/residency expire until mid-May are okay. There might be other adjustments extensions down the road.

 

[Jeremias]

Meanwhile Italia is reportedly about to legalize the residency of the 600.000 undocumented people living (and currently, trapped by quarantines) on Italian soil. Portugal did the same, couple of weeks ago... Worth noting that the president is friend with both the Portuguese and Italian leaders.

Anyway, about this visa situation with Migraciones, they are not stupid, they will take into account what I quoted above : corresponde consecuentemente atender la situación de aquellos ciudadanos que, operando sus vencimientos en las actuales circunstancias, no podrán peticionar en tiempo y forma, o en caso de hacerlo infringirían las medidas de aislamiento social recomendadas

It means nobody will harass you if your visa validity ended while under quarantine.

 

[ventanilla]

No it only extends for 30 days IF expiry falls within the "término de TREINTA (30) días corridos" it's not a blanket extension beyond 30 days. Now that the DISP has been updated those that have their visa/residency expire until mid-May are okay. There might be other adjustments extensions down the road.

Hahaha my visa expires on the 18th of may. The limit for this, 60 days from March 17th, means I don't qualify for the extension by 2 days, as eligibility extends only to May 16th. Oh god.

I know I won't get deported or anything for violating the expiry, but I want to come back and apply for residency so i really don't want to risk overstaying.

 

[Jeremias]

Hahaha my visa expires on the 18th of may. The limit for this, 60 days from March 17th, means I don't qualify for the extension by 2 days, as eligibility extends only to May 16th. Oh god.

I know I won't get deported or anything for violating the expiry, but I want to come back and apply for residency so i really don't want to risk overstaying.

To be able to come back, you'd need first to be able to leave. I hope you're in no hurry, considering...

 

[dsp27]

Hahaha my visa expires on the 18th of may. The limit for this, 60 days from March 17th, means I don't qualify for the extension by 2 days, as eligibility extends only to May 16th. Oh god.

I know I won't get deported or anything for violating the expiry, but I want to come back and apply for residency so i really don't want to risk overstaying.

I have overstayed by 2 months and am now a resident. Don't worry. Overstaying in Argentina is not an offense like in the US or other countries but an administrative infringement subject to a penalty. It has no repercussions per se up to 3 hits. After the 3rd hit you would likely be barred from reentry for a few years -- unless you get a good lawyer I guess haha. Obviously, this is the general rule and some people may get in trouble after 2 overstays and some may be ok after the 3rd time. But one overstay for a few weeks especially in this situation is not gonna have any consequences.

In any case, the current situation is exceptional. Migraciones will not be back anytime soon so this second extension will be prolonged for sure eventually. I suspect that maybe at some point depending on how things develop over the next few weeks -- they will even extend all residencies for 1-3 months for the rest of 2020. Just imagine the backlog that they would have on their hands when they are back!