Quick Citizenship

[Pleefo]

Hello,

I'm from Bangladesh. I would like to live with the nature so I'm thinking I will move to Argentina. I read somewhere it is possible to get citizenship after 3 years, no PR needed. Is it true?

Can I visit Argentina with Tourist VISA and start all the process?

 

[FallenAngel]

No, that is not realistic. Some lawyers will mislead people into thinking they can do this so they can get money. Yes, a judge will let you start the process, but in 95% of cases you won't be given citizenship unless you have residency or you meet substantial set of facts (own house, argentina spouse / kids, hear for 10+ years, etc). Christian Rubilar / Bajo Cero (laywer on this forum) for example has a lot of paralyzed citizenship cases.

In theory you can do this, but in practice is completely different. It is not a pathway most people will have success with now.

 

[Pleefo]

No, that is not realistic. Some lawyers will mislead people into thinking they can do this so they can get money. Yes, a judge will let you start the process, but in 95% of cases you won't be given citizenship unless you have residency or you meet substantial set of facts (own house, argentina spouse / kids, hear for 10+ years, etc). Christian Rubilar / Bajo Cero (laywer on this forum) for example has a lot of paralyzed citizenship cases.

In theory you can do this, but in practice is completely different. It is not a pathway most people will have success with now.

Means, theory is 3 year temporary residency + 2 year permanent residency needed for getting citizenship... But, practically 10+ years needed!?????

 

[FallenAngel]

Realistically you can get citizenship with 2-3 years of legal residency. If you do not get legal residency, then you you likely will never get it. Rubilar for example has many cases that have nearly a decade of no progress due to this missing fact of legal residency. So, if you want success it is imperative to be legal here.

In addition, other facts of your life will be taken into account by the judge. The judge has a LOT of discretion, so don't think that knowing someone who got citizenship with X, Y, Z circumstance will mean you will if you have the same circumstance. Other factors that will play into the decision is your relationship with argentines (kid, spouse here), whether you own a home or have a business, and whether you work and earn money in argentina (versus working remotely, etc).

The fewer facts showing you have sufficient attachment to argentina, then the more the judge will use discretion. If the judge does not see sufficient evidence you have made argentina your home, then your case will become paralyzed. For example, Rubilar has paralyzed cases with people with argentina kid, cohabtiting with an argentina spouse, here for 10 years with local income, etc. The thing most all of have in common is they did not have legal residency.

So, if you want citizenship get legal residency. If you have that, then you don't need a high priced lawyer just submit a few docs after 2 years here and you will get it most likely.

 

[Pleefo]

Realistically you can get citizenship with 2-3 years of legal residency. If you do not get legal residency, then you you likely will never get it. Rubilar for example has many cases that have nearly a decade of no progress due to this missing fact of legal residency. So, if you want success it is imperative to be legal here.

In addition, other facts of your life will be taken into account by the judge. The judge has a LOT of discretion, so don't think that knowing someone who got citizenship with X, Y, Z circumstance will mean you will if you have the same circumstance. Other factors that will play into the decision is your relationship with argentines (kid, spouse here), whether you own a home or have a business, and whether you work and earn money in argentina (versus working remotely, etc).

The fewer facts showing you have sufficient attachment to argentina, then the more the judge will use discretion. If the judge does not see sufficient evidence you have made argentina your home, then your case will become paralyzed. For example, Rubilar has paralyzed cases with people with argentina kid, cohabtiting with an argentina spouse, here for 10 years with local income, etc. The thing most all of have in common is they did not have legal residency.

So, if you want citizenship get legal residency. If you have that, then you don't need a high priced lawyer just submit a few docs after 2 years here and you will get it most likely.

what do you mean by legal residency?

Suppose, Im a tourist and visiting Argentina with tourist VISA. Now, what to do?

 

[FallenAngel]

A tourist visa is NOT residency according to the courts when deciding citizenshp. You are unlikely to get citizenship and will end up like those cases that stay paralyzed for 10 years. Legal residency means you get a DNI and have the administrative permission / right to live here. That is a visa category like rentista, work, etc. That is not a tourist visa.

You can live here a long time on a tourist visa + overstaying. However, that very rarely will lead to citizenship unless you got lucky with a very lenient judge and you show a lot of other circumstances of life that show attachment to argentina (being here 10 years + local work + owning home, etc).,

The Supreme Court precedent that Christian Rubilar uses to demonstrate it is possible without residency was a case of a guy who lived in Argentina for around 14 years with a lot of other life facts. If a judge volunteers to follow this precdent (they don't have to do even that), then unless you clock 14 years of living here, then you don't really fit the precedent, so they can deny you very easily. It is at the discretion of the judge and most judges are saying no at this time especially post-macri.

So, get legal residency if you want citizenship. That's really all you need to know.

 

[Pleefo]

A tourist visa is NOT residency according to the courts when deciding citizenshp. You are unlikely to get citizenship and will end up like those cases that stay paralyzed for 10 years. Legal residency means you get a DNI and have the administrative permission / right to live here. That is a visa category like rentista, work, etc. That is not a tourist visa.

You can live here a long time on a tourist visa + overstaying. However, that very rarely will lead to citizenship unless you got lucky with a very lenient judge and you show a lot of other circumstances of life that show attachment to argentina (being here 10 years + local work + owning home, etc).,

The Supreme Court precedent that Christian Rubilar uses to demonstrate it is possible without residency was a case of a guy who lived in Argentina for around 14 years with a lot of other life facts. If a judge volunteers to follow this precdent (they don't have to do even that), then unless you clock 14 years of living here, then you don't really fit the precedent, so they can deny you very easily. It is at the discretion of the judge and most judges are saying no at this time especially post-macri.

So, get legal residency if you want citizenship. That's really all you need to know.

Thank you very much for all information

 

[charlesfradley]

Does Pensionado visa count as legal residency for citizenship purposes?

 

[steveinbsas]

Does Pensionado visa count as legal residency for citizenship purposes?

i believe it should, but as it only requires six months physical prsence in Argentina per year for renewal at migraciones, I wonder if a judge would.require at least seven months physical presence per.year (as indicated by BC_2 in previous posts) to meet the "residency" requirement for citizenship.

 

[steveinbsas]

i believe it should, but as it only requires six months physical prsence in Argentina per year for renewal at migraciones, I wonder if a judge would.require at least seven months physical presence per.year (as indicated by BC_2 in previous posts) to meet the "residency" requirement for citizenship.

BC_2 has repeatedly posted that "legal" residency granted by migraciones is not açtually a requirement for citizenship, but.hsa also.indicated that, without it, a lawyer would be required to present the case in court.

He has also made it clear that anyone.who has two years of temporary residency granted.by migraciones does not need a lawyer to present their case.