Re-entering Argentina at EZE after exceeding 180-day cap for tourists

[Fiscal]

What will happen?

 

[ben]

Missing a lot of relevant context.
What happened on departure after having passed 90 days?
Was the appropriate fine duly paid?

 

[Fiscal]

Missing a lot of relevant context.
What happened on departure after having passed 90 days?
Was the appropriate fine duly paid?

Nothing happened because I always fly out of Argentina after 4-6 weeks, so I have never exceeded 90 days in one stay. But, over that past 12 months I have exceeded 180 days in Argentina and I thought I read here that 180 days was the max for a tourist.

I was in the process of doing the Radex permanent residency application via my Argentinian-born son but stopped after I became worried it would generate a tax event for my company if Argentina determined that a foreign company was employing an Argentinian resident.

 

[ben]

If there’s been no overstay then you’re rolling the dice with the odds heavily in your favor.
The risk is that a particularly nasty officer starts doing the math and decides you are a de facto resident abusing the tourist mechanism.
Even then, the fact that you can show that you are working on permanent residence should probably help for some while.
Long-term this is probably untenable.

Serious question: can you simply create not plausible but actual deniability for your company, by not telling them you have become a permanent resident?
They hired a US citizen with a US address, your work is distance work, do they have to know that you are in Argentina?
If ever an issue comes up (extremely unlikely as long as you stay off AFIP’s radar and keep your paycheck coming to your US account), why cross that bridge when you get to it?

 

[Fiscal]

If there’s been no overstay then you’re rolling the dice with the odds heavily in your favor.
The risk is that a particularly nasty officer starts doing the math and decides you are a de facto resident abusing the tourist mechanism.
Even then, the fact that you can show that you are working on permanent residence should probably help for some while.
Long-term this is probably untenable.

Serious question: can you simply create not plausible but actual deniability for your company, by not telling them you have become a permanent resident?
They hired a US citizen with a US address, your work is distance work, do they have to know that you are in Argentina?
If ever an issue comes up (extremely unlikely as long as you stay off AFIP’s radar and keep your paycheck coming to your US account), why cross that bridge when you get to it?

I can tell my employer I am working from home in Los Angeles, somewhere else in the US, or somewhere else in the world (they cleared a couple of other countries that have tax treaties with the US) and there is no reason they would ever know I was in Argentina...UNLESS, somehow I got onto AFIP's radar and they realized they could create a huge taxable event in favor of Argentina and went after my company. And then of course I would most definitely get fired.

I would love to just get permanent residency in Argentina so I don't have to worry about exceeding the 180-day rule and I can get a DNI so I can buy a car, but won't doing so immediately put me on AFIP's radar? I am an American that is somehow able to live in Argentina without employment...I must be generating income somehow, and they will want a piece of it? Quick google search of my name would reveal my employer and its deep pockets.

 

[steveinbsas]

Nothing happened because I always fly out of Argentina after 4-6 weeks, so I have never exceeded 90 days in one stay. But, over that past 12 months I have exceeded 180 days in Argentina and I thought I read here that 180 days was the max for a tourist.

I was in the process of doing the Radex permanent residency application via my Argentinian-born son but stopped after I became worried it would generate a tax event for my company if Argentina determined that a foreign company was employing an Argentinian resident.

Frankly, I think you should be far more worried about being denied reentry than generating a "tax event" for your company.

I believe you posted in another thread that your reoccurring reentries have prompted questions from migration officials.

I don't think you shared your answers here, but, as 180 days is the max for a tourist, it would be interesting to know what you've been telling the officials.

Regardless of what you've been telling them, it looks like you are playing Argentine roulette with migraciones and I'd bet that sooner or later they will tell you that you can't reenter, even though you have an Argentine son.

You probably know you can apply for citizenship without fulfilling the two year residency requirement, but that will still take time and perhaps a lawyer as you don't have a DNI.

The member known as juantime was recently denied reentry even though his citizenship application was already in the works.

PS: I don't know if juantime asked his travel agent (or took advice from anyone who sells airline tickets) if he would have a problem with reentry due to previous abuses of the I-94 as his application for citizenship was already in progress, and I'm not sure even a good citizenship lawyer would be able to tell you with absolute certainty that you will be allowed to reenter repeatedly (every 4-6 weeks) after the initial 180 days allowed as a tourist in one years have expired.

 

[semigoodlookin]

Fiscal has a child who is Argentine correct? What happens in a case where the parent is denied entry when they have an Argentine child in the country? Has this ever happened that we know of?

 

[steveinbsas]

Fiscal has a child who is Argentine correct? What happens in a case where the parent is denied entry when they have an Argentine child in the country? Has this ever happened that we know of?

If he is denied entry we will know that having an Argentine child in the country is not grounds for abusing the tourist visa.

PS: I believe that juantime has an Argentine wife (or a wife with Argentine residency). She was allowed to enter the country while he was sent back where he came from. I wonder if (and or why) it would make any difference to migraciones if Fiscal's child is actually in Argentina when he tries to reenter.

If having the child in Argentina has already worked a few times, then hat's off to migraciones for having a heart, but I wouldn't bet on being able to renter indefinitely in the future if that's the reason, even if his son was traveling with him..

 

[steveinbsas]

If having the child in Argentina has already worked a few times, then hat's off to migraciones for having a heart, but I wouldn't bet on being able to renter indefinitely in the future if that's the reason, even if his son was traveling with him..

Son should have been child.

 

[semigoodlookin]

PS: I believe that juantime has an Argentine wife (or a wife with Argentine residency). She was allowed to enter the country while he was sent back where he came from. I wonder if (and or why) it would make any difference to migraciones if Fiscal's child is actually in Argentina when he tries to reenter.

That's interesting. Before I left in May I was told by the older lady on the front desk at Migraciones that with an Argentine wife I would get back into the country. I was checking with her in case there were any unforseen problems before I left. I had not overstayed and was on a precaria, but she didn't know that at the time as I asked her before updating the prorrogo.

I know Bajo has been discussing the changes here but I have still yet to hear of someone being denied if they have a familial relation in Argentina and are Argentine. At least until you just said about the other member, which I will check on now.

Edit to add juantime's wife was a UK passport holder.