Requirement to return to Argentina every 3 years to preserve DNI

[cuando_volverá]

Hi all,

I'm curious to know if anyone has recent experience with Migraciones around permanent residence after not returning within 3 years. I'll be returning to Argentina in July, but haven't been back since mid 2019. With Covid, family issues, work requirements, and a broken leg I haven't been able to make it back.

My plan is to return to Argentina to live in the next 1-2 years. I'd really like to maintain my current status without having to go through the process again.

 

[steveinbsas]

The requirement to maintain permanent residency is one day in two years, not three.

It is impossible to predict with certainty, but by the time you return in July, the absence will be about four years.

It is certain that you will be be able to reenter, perhaps as a permanent resident, perhaps as a tourist.

Based on what happened with the "pregnant Russian women" a few months ago, it really should not matter.

Apparently you can say that you live here and once you are here, you can stay indefinitely and apply for citizenship.

But a lot more can happen in the next one to two years.

PS: I suggest everyone decide where they want to live in the long term...get there before the SHTF...and be willing to stay put indefinitely.

 

[cuando_volverá]

Thanks, as always, Steve, for your informative replies.

"PS: I suggest everyone decide where they want to live in the long term...get there before the SHTF...and be willing to stay put indefinitely.""

That's the idea! It's time to get the ducks in order. If I am still a permanent resident in July, I'll be back for good in the fall.

 

[steveinbsas]

Thanks, as always, Steve, for your informative replies.

You are most welcome!

"PS: I suggest everyone decide where they want to live in the long term...get there before the SHTF...and be willing to stay put indefinitely.""

That's the idea! It's time to get the ducks in order. If I am still a permanent resident in July, I'll be back for good in the fall.

It won't matter if you are "still" a permanent resident" or not when you return in July!

You'll be admitted in July and you will be able to leave and return in the fall without any "issues" with migraciones.

Even if your permanent residency has expired, your DNI should be "valid" fifteen years from the date of issue...and, according to the "Argentine citizenship lawyer" who represneted the pregnant Russian women in the precedent setting case, your status with mgraciones has notrhig to do with citizenship!

This should mean that you can apply for citizenship on your own...with the DNI you have...as soon as you return in July...without having to pay a lawyer. to present your case..provided that the four year absence does not cancel out the time you already spent in Argentina (I'm assuming it was more than two years) as counting toward the "two year" residency requirement for citizenship.

As the same laywer (who represented the pregnant Russian women in the "precedent setting case) already posted, migraciones "cannot" deny your reentry if you tell them you already live here." After a four year absence you will be readmitted in any case.

If I was in your shoes, whether I was allowed to renter in July with permanent residency or with a tourist visa, my top priority would be you apply for citizenship. as soon after arrival as possible.

Leaving in July and returning in the fall will not affect your citizenship, even if the previous time spent in Argentina does not count, but I doubt that will be an issue.

Unless I am mistaken, I beleive the afoementioned lawyer once answered a question about this and said that even an absence of mulitple years would not be an issue with the citizenship court for anyone who had already surpassed two years of "physical resideny" in Argentina, regardless of when they were here..

 

[cuando_volverá]

I'll try to meet with Bajo as soon as I arrive.

My DNI expires in 2030. I lived and worked in Argentina for 8 years, and was spending 2-3 months per year in country pre-Covid.

 

[steveinbsas]

I'll try to meet with Bajo as soon as I arrive.

My DNI expires in 2030. I lived and worked in Argentina for 8 years, and was spending 2-3 months per year in country pre-Covid.

It will be very interesting to know if any of the time you previously spent in Argentina over an eight year time span will count toward the two year "residency" requirement, as well as if having the DNI with an expiration date in 2030 will enable you to apply for citizenship without paying a lawyer five or six thousand dollars to present your case.

It will certainly be worth the cost of a consultation to know the answer...if it isn't posted here prior to your arrival.

 

[earlyretirement]

I was in your exact same situation. I lived and worked in Argentina full-time for 9 years and moved out of the country but was coming regularly 2-3 times a year until COVID hit. Then during COVID there was no reason to come back as Argentina had such harsh conditions so I didn't come back for 3.5 years. I came back in January 2023 and wasn't sure if I'd have any issues but no issues at all coming and leaving with my DNI. I also came back last month with no issues.

I didn't know if they would ask about the lapse in coming. I assumed that they will give some leeway due to COVID but they didn't say anything either way.

I could have gotten my Argentina passport many years ago when I was living there but I didn't have time as I was traveling around quite a bit and planned to do it when I have more time.

I'd love to move back to Argentina in the next few years and then I may try to get my Argentina passport. I'm not sure if I have to wait 2 years living there again. Either way, I'm not in any hurry.

 

[steveinbsas]

I lived and worked in Argentina for 8 years, and was spending 2-3 months per year in country pre-Covid.

Just curious...

Assuming you had temporary residency for several years prior to the cambio de categoria from temporary to permanent residency...

...did you actually stay in Argentina for at least a total of seven months(not necessarily continuous) of two consecutive years during your temporary residency?

If so, according to the aforemantioned citizenship lawyer, you may have already met the "residency requirement" for citizenship., regardless of how long ago that happened.. and if the two years actually have to be contiguous

 

[cuando_volverá]

Just curious...

Assuming you had temporary residency for several years prior to the cambio de categoria from temporary to permanent residency...

...did you actually stay in Argentina for at least a total of seven months(not necessarily continuous) of two consecutive years during your temporary residency?

If so, according to the aforemantioned citizenship lawyer, you may have already met the "residency requirement" for citizenship., regardless of how long ago that happened.. and if the two years actually have to be contiguous

Yes, I was in Argentina 11+ months per year the entire 8 years during my temp residency and after the cambio de categoria. In fact, the last 3 years I didn't leave Capital Federal.

After moving back in 2014 I was returning multiple times per year staying 3-4 months each trip until Covid.

 

[steveinbsas]

Yes, I was in Argentina 11+ months per year the entire 8 years during my temp residency and after the cambio de categoria. In fact, the last 3 years I didn't leave Capital Federal.

After moving back in 2014 I was returning multiple times per year staying 3-4 months each trip until Covid.

I would be very surprised if you have NOT already met the "residency requirement" by a factor of four!

If I was in your shoes, I would go to the court (of your choice if that is possible) and submit the required doccuments (including an Argentine accountant's "certification of your income") and get the process started ASAP after your arrival in July...even if you still have permanent residency.