Residency Help

[Bladex]

I'm not sure if this situation is unusual or not. But I have temporary residency through my wife, which for both of us expires at the end of the month. As she is from a Mercosur country, she's able to apply for permanent residence which we have now completed after having the migraciones appointment today. Originally I was under the impression that we'd be able to apply at the same time. That wasn't true, and today when asked we were told I have to wait until she has her DNI. With my residency set to expire, what am I supposed to do? Do I just wait and apply when I can? Do I need to leave the country?

 

[dsp27]

I'm not sure if this situation is unusual or not. But I have temporary residency through my wife, which for both of us expires at the end of the month. As she is from a Mercosur country, she's able to apply for permanent residence which we have now completed after having the migraciones appointment today. Originally I was under the impression that we'd be able to apply at the same time. That wasn't true, and today when asked we were told I have to wait until she has her DNI. With my residency set to expire, what am I supposed to do? Do I just wait and apply when I can? Do I need to leave the country?

That is incorrect. Who told you she needs to have a DNI? The DNI extranjero is "optional", she just needs to disposicion of Migraciones. Is she already a permanent resident? Did her dispo come out?

 

[dsp27]

You don't need to leave. You will be fine. Worst case scenario you apply within 30 days of the expiration on yr temp residence and just pay a 50% fine. BUT I would advise agains waiting for yr residence to expire before you apply. Feel free to send me a private message and I will help you as much as I can.

 

[Bajo_cero2]

There is a simple rule in law you are missing: the accessory follows the fate of the main thing.
You can continue renewing your precaria meanwhile your wife´s case is decided.

 

[dsp27]

There is a simple rule in law you are missing: the accessory follows the fate of the main thing.
You can continue renewing your precaria meanwhile your wife´s case is decided.

Exactly. But his question is if he can apply while her cases is being decided or not...and he's been told NO, which is incorrect.

 

[FrankPintor]

That is incorrect. Who told you she needs to have a DNI? The DNI extranjero is "optional", she just needs to disposicion of Migraciones. Is she already a permanent resident? Did her dispo come out?

Exactly, your wife having a certificate of permanent residency is enough for you to apply for permanent residency as well. The DNI doesn't matter, and will probably take months to produce anyway, you definitely don't want to wait around for that.

If I understand correctly, your wife now has a precaria, while you have nothing. For a simple Mercosur transition from temporary to permanent residency will be relatively fast, I can check how long it took for my wife.

DNM / Migraciones does its level best to be uncontactable, if you have an application in progress they have a CUC, or a "Canal Unico de Comunicacion", or you can scream at them on Twitter as I did.

And dsp is very knowledgeable about this topic,

 

[Bajo_cero2]

Exactly. But his question is if he can apply while her cases is being decided or not...and he's been told NO, which is incorrect.

As far as they understood, they meant to PR.