Preparing to go to colonia for 7th time! Eek!!

[steveinbsas]

Asi I wrote on October 12th:

...As soon as someone posts that they were given 10 days to leave the country when returning from Colonia (as opposed to a new 90 day visa) I hope the rest will take Bajo_cero's advice and stay here with irregular immigration status. If what he says is correct, you aren't here illegally until a judge says so.

 

[gouchobob]

I agree completely with Steveinbsas and Bajo_cero2. Going to Colonia is a complete waste of time and money. Getting a tourist visa renewed by leaving the country multiple times does nothing. A tourist visa is just that, its not a visa that allows you to live in Argentina. Anytime they wished to enforce the law they could deny entry. If you skip the trips you avoid falling into to this situation. Going to Colonia only increases your chances of having a problem.

 

[esllou]

well, it's not that simple. I think most of us "permatourists" have moved beyond going to colonia every three months for the sake of it. It's the issue of the return trip. I'll only be outside argentina for 2 weeks and if I leave here having overstayed by 3-5 months, yes, there is a fair chance I'll be denied re-entry. I've heard of others having that experience.

keeping up to date with the tourist visa doesn't mean "nothing". If it did, I wouldn't have to go through the tiresome routine at EZE every time when the check in desk personnel leaf through my passport asking me when my last entry was. If I go through that in the spring having overstayed by months and months, who here can guarantee what reception I would get at the time and on my return?

 

[MizzMarr]

I'm curious: What makes you think that the laws will be more stringently enforced at EZE than crossing from Colonia?

The process of checking your visa status at the airport is the same that they go through when you go to Colonia. However, I believe that the agents at EZE see so many more people coming through and leaving "permanently" that they don't balk as much at the number of stamps. You pay the fine, and ya esta. But in Colonia they primarily deal with people doing their 90-day border crossing and are starting to enforce stricter policies and are (by sheer numbers) more likely to "flag" your passport and give you either a 10 or 30 day visa than those at EZE.

Honestly I think it's less an issue of how much time you overstayed than the sheer number of stamps in your passport. It is all a gamble, especially considering the new laws, but you are taking a bigger risk going to Colonia than simply overstaying. And it is that simple. Good luck.


ETA: I used to think the same way as you and Hellek (below), but frankly my life would have been a LOT easier if I had just overstayed my visa instead of crossing faithfully every 90 days. Yes, I'm one of the people who got the 30 day flag, but was fortunate enough to have paperwork enroute to get it resolved.

 

[Hellek]

Somewhere in this forums I read that they indeed hassle a lot those people who overstay several times. I can't find the posts in those long topics we had a few months ago though but maybe someone remembers as well.
So it is not that easy, since lots of people just have to leave the country once in a while due to business, holidays, etc.

When you overstay, they can deny you re-entry as well as they can when you exceed the 180 day limit.

Also I disagree on the ilegality aspect. I am not a lawyer, so I probably should just shut up, but in this case I can't. When you overstay your visa you clearly commit an infraction for which you have to pay a fine. Of course you *could* disagree with the fine and go to court about it but who really does this? When you renew your tourist-visa exceeding the 180-day max you don't commit an infraction. You just don't have any right to it and they might not grant it. But you don't commit any infraction (or it is not relevant and not fined).

Anyway, we can be glad we are not in Singapore: American who overstayed visa may be caned in Singapore

EDIT: I was interrupted in writing this post and sent it late. I am replying to the posts until the one of gouchobob, those afterwards were unknown to me when I posted and are not adressed.

 

[LAtoBA]

well, it's not that simple. I think most of us "permatourists" have moved beyond going to colonia every three months for the sake of it. It's the issue of the return trip. I'll only be outside argentina for 2 weeks and if I leave here having overstayed by 3-5 months, yes, there is a fair chance I'll be denied re-entry. I've heard of others having that experience.

keeping up to date with the tourist visa doesn't mean "nothing". If it did, I wouldn't have to go through the tiresome routine at EZE every time when the check in desk personnel leaf through my passport asking me when my last entry was. If I go through that in the spring having overstayed by months and months, who here can guarantee what reception I would get at the time and on my return?

You really are in a bind and I understand your worries, but what will you do if they choose to give you the kiss of death, eg. "ultima prorroga", in Colonia? I can assure you that on your return trip from Europe that will be an even bigger red flag for you at customs (unless you can get a new passport).

Honestly, I think the advice everyone is giving you to overstay is sound. Both options are not ideal, but customs at EZE seem to be bit more "flexible" than in Colonia, and most of the problems as of late have not been at EZE but at Colonia. IMO overstaying a tourist visa by a few months is just as much a gray area as obtaining reentry stamps in Colonia every three months as a "permatourist".

 

[LAtoBA]

When you renew your tourist-visa exceeding the 180-day max you don't commit an infraction. You just don't have any right to it and they might not grant it. But you don't commit any infraction (or it is not relevant and not fined).

But the Argentine authorities clearly do not see it this way anymore, given the recent crackdown in Colonia.....just my opinion.

 

[steveinbsas]

You really are in a bind and I understand your worries, but what will you do if they choose to give you the kiss of death, eg. "ultima prorroga", in Colonia? I can assure you that on your return trip from Europe that will be an even bigger red flag for you at customs (unless you can get a new passport).

Honestly, I think the advice everyone is giving you to overstay is sound. Both options are not ideal, but customs at EZE seem to be bit more "flexible" than in Colonia, and most of the problems as of late have not been at EZE but at Colonia. IMO overstaying a tourist visa by a few months is just as much a gray area as obtaining reentry stamps in Colonia every three months as a "permatourist".

At least an ultima prorroga gives 90 more days. After that you can remain in Argentina as an inhabitant.

The bottom line is that the purpose of the new decreto is to "insure" that those individuals who are in Argentina with tourists visas do not exceed 180 day per year limit. Enforcement is not yet consistent. Perhaps it never will be, but that will just add to the anxieties of those who do not have or cannot get a temporary resident visa. Leaving the country for a couple weeks at this point seems reasonable enough, but at some point migraciones might start doing the math and just say no to those who have already been in country for more than 180 days in a twelve month period.

 

[steveinbsas]

I'll only be outside argentina for 2 weeks and if I leave here having overstayed by 3-5 months, yes, there is a fair chance I'll be denied re-entry. I've heard of others having that experience.

I haven't heard of anyone being denied reentry and I haven't read about it here. Are you sure about this?

keeping up to date with the tourist visa doesn't mean "nothing". If it did, I wouldn't have to go through the tiresome routine at EZE every time when the check in desk personnel leaf through my passport asking me when my last entry was.

The airline personnel (at the desk) only check to see if you have overstayed and have to pay the fine. They have no other power that I know of.

If I go through that in the spring having overstayed by months and months, who here can guarantee what reception I would get at the time and on my return?

In the long run I think it's going to depend on how long you stay out of the country. Sooner or later migraciones may say that you may not return for six months...unless you have a resident visa.

 

[esllou]

thanks for the responses everyone. My view on this issues has always been, for the two years I've been on this forum, that we are dealing with individuals.

2 people coming back on their 7th colonia run may very well have 2 different responses from Javier and Jorge at passport control. That's the infuriating thing.

I'm leaning towards staying and taking my chances at EZE in the spring. I don't think they'd put me on a plane back to london...possibly giving me 30 days to sort myself out. At which point, I'll be giving bajo cero a call!