Permanent Residency

[Peony54]

Hi everyone! I'm new to the forum but have been living here off and on since 2005. During that time I have had a student visa (6 months) and a work visa for 2.3 years. My work visa expired in November of 2011, and I was home for a year until August 2012. I came back, and did not go try to get residency because I am not staying in BA long enough this year to be able to do the process. I wouldn't have been able to find a job that would hire me and help with a visa because I'm gone for a month or two at a time. I went home for a month in January, and am going home again for the summer this June. My plan is to try and find a way to get residency when I come back.

I have read a lot of the forums where people say it's very easy to get a permanent residency... however -it took me a really long time to find a job that would give me a work visa here. I wish I had known then that I could have applied for permanent residency after 2 years, at the time I thought it was three (I've learned so much from this forum, lots of things I didn't know about before-for example I didn't actually know there was anything wrong with renewing your tourist visa), and was not willing to stay at a job I hated for a whole other year to get it. If I had known, I would have stuck it out a few more months to apply for permanent residency ... Anyways, I have seen a few people say that if you have lived here over 2 years that you can apply for residency, no matter what type of visa you had... is this in any way possible for me to try, or since both those visas have expired will I basically have to go through another 2 years with a visa to be able to apply? I am a freelancer in the US, but don't think I am eligible for this visa where you just need to prove you have an income of X amount each month, because I am hired on contract basis... I do always make above the mark required each month, but have no paperwork that ensures I will be making that much in future months.

Also on a related note- I went to migraciones today to renew my tourist visa and was told that it was my ultima prorroga. I have a new passport that has only 1 other visa extension on it, so it looks like they are cracking down on things- (I've renewed my tourist visa somewhere between 4-5 times since 2005, so yes it is a lot I know, and I have never overstayed my visa. I have always tried to find ways to stay here legally and looked for jobs that will give me a visa, and have been very conscious of staying here legally. The times that I did renew my tourist visa I literally was only here 6 months at a time as I did go home a lot throughout these last 8 years, mostly to work in the US to try and gain work experience). When I told her my reason for being here was visiting my boyfriend she started chusmayando with her coworker, so I'm sure that was the WRONG thing to say or she gets that answer all the time and maybe finds it funny. I'm pretty sure though that is what I usually say when I came into the country or renewed a tourist visa, and people are usually very sweet about it and have no problem.

If its possible for me to try for my permanent residency with what I've got, I would be thrilled and will definitely do that... if not though I wonder if the only other way is to take classes and get a student visa. Thank you for any information you can offer! (I have looked through lots of past forums and never heard about something similar, so sorry if I missed it!)

 

[Peony54]

Hi again! So I am curious, after searching for ultima prorroga here I am a lot more nervous about that part! Posts are a couple years old, but recently has anyone had trouble coming back into Argentina after getting a ultima prorroga? Or better yet, can anyone with a ultima prorroga in their passport tell me their most recent experience coming back into Argentina? I wont be coming back for at least 3 months and will try and apply for classes before I come so that I can start working on my residency as soon as I get back if it turns out that is the best way for me to get residency. Sorry if all of you are thinking how dumb I am for going to migraciones... last time I had to renew a tourist visa twice in 1 year was back in 2006/2007. Feliz día del trabajador!!

 

[khairyexpat]

Hi Peony:
You responded to one of my posts. Now reading your post, I sympathize your situation. Seems we are in the same boat. Except that last time I was saved by a stroke of luck. About 3 weeks ago one lawyer said I should "regularize" my status. So without giving it a second thought I jumped in the car to cross the border at Gauligauychu. 3 hours later just 12 kms before the border all cars just stopped. I got out to ask why the traffic jam. They told me it is the "cola" of the immigration to Uruguay. After 1 hour not moving an inch I got scared. If it gets dark and I am alone in the middle of nowhere. 180 Uwee and head back home. Cursing my damn luck all the way back. Next day when I told the lawyer, he told me "no puplicar". Means I should stay below the radar and not advertize myself.
It is extreemly hard to know what is the law here. Even from the same person in a span of 24 hours. They say the law is 90 days with a maximum of 180 days, yet immigration broke that law several times. My passports have more than 25 tourists visas of 90 days since 2004.
There are a lot of us with the same issue: RESIDENCY. They say there is power in numbers. Can we do something united. Hopefully with this recently discovered baexpats we can bounce ideas off each other, or at least vet a bit.

 

[Bajo_cero2]

Please write shorter.
There are 2 options: to apply for legal residency or citizenship.

For permanent residecy you have to apply each year for precaria and the 3rd you get permanent.

But you have to qualify for a visa category.

For citizenship you can apply straight using the time you have been here as irregular.
Regards

 

[khairyexpat]

Peony:
Just occured to me that you did have 6 month STUDENT visa before. Can you do this one more time to secure your re-entry?

 

[steveinbsas]

.About 3 weeks ago one lawyer said I should "regularize" my status. So without giving it a second thought I jumped in the car to cross the border at Gauligauychu.

Perhaps the traffic jam that made you fearful enough to turn around was your lucky break. As you now realize, crossing the border to get a new 90 day visa is not the same thing as regularizing your status with migraciones. And yet you might have received a new 90 day visa and a smile. It still may be too soon to know if there is a serious crackdown.

They say the law is 90 days with a maximum of 180 days, yet immigration broke that law several times. My passports have more than 25 tourists visas of 90 days since 2004.

According to dennisr (in the three strikes you're out thread):


From Argentine Embassy site: London

On arrival, nationals exempt from visas are normally allowed to stay 90 days on a multiple entry basis. Before the expiry date they may apply for an extension at Dirección Nacional de Migraciones, only once and for no longer than the same length of stay granted in the visa. Thus, the new expiry date will be normally 90 days after the expiry date of the visa. If the person travels outside of Argentina at any time (under the original period granted on arrival or under the extension), when re-entering the country he/she will be usually given another 90 days, which can be subsequently extended. The number of times the traveler can re-enter the country in this way can not be determined beforehand and it is subject to Dirección Nacional de Migraciones being satisfied that the person is not covering an immigration purpose."

 

[khairyexpat]

Steve:
Now I know that they CAN say no. It is a gamble I would`t take. I have to do without that smile for a while.

1. Is it possible that I "regularize" my status by an immediate STUDENT visa, at least for a year? To give me a "legal" year to start the CITIZENSHIP route? Peony mentioned a STUDENT visa in her post. Today I requested Service Canada in writing by FedEx to send me an Apostilled letter addressed to "Direccion National de Migraciones Argentina" certifying my monthly pension. When I phoned them they refused to address it to Migraciones. They wanted it addressed to my name only.

2. Since I have been in Argentina for the last 8.5 years un interrupted (except 81 days for travel and renewing visas) do I still need to request an Apostilled RCMP criminal record? Or the Antecedentes Argentina would be enough?

3. Do you think that the pensioner RESIDENCY route is now out of my reach? They raised the government pension requirement from US$700/month to US$2200/month. My government pension is only US$ 1000/month cause I never worked for the government.

4. If the pensioner RESIDENCY route were still within reach, which is a safer bet, CITIZENSHIP or RESIDENCY?

Regards.

 

[steveinbsas]

1. You have to really be a full time student to get a student visa. A student visa is always a temporary visa and cannot be upgraded to permanent on the third renewal. You do not have to have a "legal year" to apply for citizenship. You already have more than enough time to apply for citizenship.

Service Canada can send the letter to you at your address, but if the requirement for the pensioner visa is now $2200 it won't make any difference as far as migraciones is concerned. The federal court will ask you to verify your income and the amount is sufficient at this time so go ahead and get the letter. You may be asked to provide bank statements that show monthly deposits for the previous 60 days prior to submitting your application. It might be necessary to have the letter translated and the translation "legalized" in Argentina. An Argentine accountant can also certify the amount in pesos if necessary.

2. I would expect both the federal court and migraciones to ask for the RCMP report.

3. A woman from the USA recently applied for and received citizenship after being turned down for a retirement visa on US Social Security income of about $1000 per month.

4. If your application for residency is rejected by migraciones you might receive a deportation order (without a 90 day ultima prorroga) that gives you ten days to leave the country.

I suggest you stop worrying and contact Dr. Rubilar (Bajo_cero2). He has a record of success with cases just like yours.

 

[khairyexpat]

1. Is it possible that I "regularize" my status by an immediate STUDENT visa, at least for a year? To give me a "legal" year to start the CITIZENSHIP route?

I meant to say:
1. Is it recommendable to apply for a STUDENT visa? To "regularize" my status while processing the CITIZENSHIP route for a year or so?

 

[khairyexpat]

2. I would expect both the federal court and migraciones to ask for the RCMP report.

I have one dated Jan. 2009 not Apostilled. Should I use it & Apostille it?
Or is it safer to get a new Apostilled one?