Permanent residency questions

[El manolo]

The ridiculous of the DNU is that the mother is elegible but the father is not, it is like a matter of luck.

So my hope to obtain citizenship through my child as the father is literally dead?

 

[Bajo_cero2]

So my hope to obtain citizenship through my child as the father is literally dead?

No, because residency and citizenship are two different things. The Chamber of appeals said the DNU doesn’t affect parents plus yesterday they declared it unconstitutional.

 

[El manolo]

No, because residency and citizenship are two different things. The Chamber of appeals said the DNU doesn’t affect parents plus yesterday they declared it unconstitutional.

Thank you, Bajo_Cero. That is good news. So, as the father, I can still apply for Residency at the same time of my wife?

 

[Bajo_cero2]

Thank you, Bajo_Cero. That is good news. So, as the father, I can still apply for Residency at the same time of my wife?

You are confused.
You can apply, they might say no.
So, the strategy is to apply for citizenship at the same time.

 

[ibracadabra]

Hi folks, I am in a similar situation but I can't find any answers for my questions...
I have overstayed my tourist visa for almost two years. I want to get married with my Argentine girlfriend and after that apply for permanent residency. What type of problems on the way could we expect since I am here illegal?

 

[steveinbsas]

Hi folks, I am in a similar situation but I can't find any answers for my questions...
I have overstayed my tourist visa for almost two years. I want to get married with my Argentine girlfriend and after that apply for permanent residency. What type of problems on the way could we expect since I am here illegal?

I suggest that you and your girlfriend go to the comuna/registro (wherever you go to get a marriage license) asap to find out if they ask for (or demand that you have) a valid 90 day visa. If that's not a problem you can go ahead and get married as soon as you want.

If they insist that you have a valid 90 day visa and if you're from Europe, the USA, or Canada and you don't already have a lot of stamps in your passport and or a number of overstays, you could make a "visa run" to Uruguay. I don't think anyone from Europe or the USA or Canada has ever been denied reentry, including someone who recently made the visa with a lot of stamps in their passport.

If you you cannot get married without a valid 90 day visa and decide to make a visa run it's probably a good idea for your girlfriend to go with you.

After you are married you can apply for permanent residency. However, based on Dr. Rubilar's recent advice, you might also want to apply for citizenship at the same time, provided you've had an uninterrupted physical presence in the country for two years (or will have by the time your citizenship is granted, about a year later).

If I were in your shoes I'd apply for the citizenship first, especially if you are unable to get a new 90 day visa and if applying for citizenship would give you some protection against being deported by migraciones (as unlikely as that may be).

If marriage is no longer an automatic reason for the court to grant citizenship you may still be able to qualify for it. You'll know a lot more after you visit the court that has jurisdiction where you live. If they won't accept you application for citizenship without a DNI you'll probably need a lawyer just to get the process started.

As always, Dr. Rubliar is welcome to add to or correct anything I've written.

 

[Bajo_cero2]

Hi folks, I am in a similar situation but I can't find any answers for my questions...
I have overstayed my tourist visa for almost two years. I want to get married with my Argentine girlfriend and after that apply for permanent residency. What type of problems on the way could we expect since I am here illegal?

None. Marriage it self perhaps.

 

[ibracadabra]

Steve and Dr. Rubilar I really appreciate you take your time to answer, thanks! I will stop by the Registro Civil office some day and find out what they have to say about it. Let's assume I need make a run to Uruguay and come back, is it possible? I read somewhere that these runs is not possible to do anymore, or that might just be when it's done over and over again?

I saw myself walking to the immigrations applying for permanent residency and when they see I have overstayed they will simply deny my application and I would finish being deported. Should I or can I pay the fee even if I don't need leave the country for the purpose of the marriage, just to have a clean sheet when I go there?

 

[steveinbsas]

Let's assume I need make a run to Uruguay and come back, is it possible? I read somewhere that these runs is not possible to do anymore, or that might just be when it's done over and over again?

Dr. Rubilar has repeatedly posted that going to Uruguay to get a new 90 day visa was not a god idea but I don't think anyone has ever posted (in this forum) that they were denied reentry when doing so. As I previously posted, if the registro insists that you have a valid 90 day visa to get married and you decide to make a "visa run" be sure to go with your girlfriend.

I saw myself walking to the immigrations applying for permanent residency and when they see I have overstayed they will simply deny my application and I would finish being deported. Should I or can I pay the fee even if I don't need leave the country for the purpose of the marriage, just to have a clean sheet when I go there?

You cannot go to migraciones to pay the overstay fee and get a "clean sheet" for the purpose of getting married. Going to migraciones for this reason is the one thing you should not do.

 

[Bajo_cero2]

You can also imaging you can fly...do not. I already gave you a legal advice being a local specialized attorney at Law.