Residency or precaria with expired tourist visa

[dsp27]

If I may ask, upon conclusion of the proceedings, you are given a residence that you need to present in order to apply for the DNI? Or you are granted directly a DNI?
According to my knowledge, the temporary residence should be renewed every year for three years, is that right? If so, which types of temporary residence must be renewed every year? I am asking because on the official website, it's stated that with the student visa, you are given two years temporary residence.

Thank you so much in advance!

depends on the residency type. Not sure if the student residency is granted for 1 or 2 years. Some are 1 and some are more. There is no limit on the number of times you can get temporary but generally at 3 years you can get permanent as a non Mercosur. You can of course also apply for citizenship at 2 years, that's what I did and I went straight from temporaria to citizenship.
If you apply for residency in Argentina you get the DNI directly, automatically. If you apply at a consulate abroad you need to schedule a seperate appointmern when in Argentina to request the DNI.

 

[dsp27]

I heard that a guy who entered illegally to the country couldn't get permanent residency despite he got married to an Argentine woman. I think the person need to have an entrance stump on his passport.

This is a complicated matter. Entering on a tourist visa/stamp and overstaying is an administrative infringement and it's a simple matter. It's called "regularizar estado migratorio" when you want to come clean and either pay a fine or change your status. Now crossing the border illegally is more complicated I guess and that is a question that is best answered by a lawyer....and what implications it has. Unlike the US where overstaying your visa is a crime, this is not the case in Argentina -- it's an administrative issue.

 

[Bajo_cero2]

I heard that a guy who entered illegally to the country couldn't get permanent residency despite he got married to an Argentine woman. I think the person need to have an entrance stump on his passport.

Art. 29 of the Immigration law bans residency with irregular entry. In this article you find all the crimes of medieval martial law. Illegal entry is pillage, irregular work sabotage, irregular staying spying.
They only grant it for paternity/maternity in those cases alike in medieval precedents.
In those cases the best is to apply for citizenship the day after you arrived. Then you have a evidence of a date and the decision is going to be enacted after the second year, normally later.
While immigration laws are serfdom acts, citizenship is a manumission act for, according to art. 15 of the NC, running slaves. This is why citizenship heals all the immigration issues.

 

[Abuyas]

There is no limit on the number of times you can get temporary

I didn't know that! So I understand from you that NOT all the temporary residences lead to permanent after the third year? For example, the temporary residence based on "estudiar" can never convert to permanent? And if that is the case, how many times is he allowed to renew it? what options are available to the student in order to get the permanent residence (except marriage)? Thank you very much for your answers!

 

[dsp27]

I didn't know that! So I understand from you that NOT all the temporary residences lead to permanent after the third year? For example, the temporary residence based on "estudiar" can never convert to permanent? And if that is the case, how many times is he allowed to renew it? what options are available to the student in order to get the permanent residence (except marriage)? Thank you very much for your answers!

No, I didn't say that. Temporaria does not automatically become permanent in the sense that you CAN apply for it on the 3rd year. You can certainly be temporary resident beyond 3 years. Migraciones allows you to get permanent after 3 years.That's it.
Student temporary residency is a perfectly valid residency and it DOES count toward the permanent. There is no difference -- it's just a subcategory and that's irrelevant. Another options is to apply for citizenship after 2 years. You might apply before the 2 years but it's more complicated and you'd need a lawyer otherwise you can do it yourself..

 

[Abuyas]

@dsp27
Thank you man! I appreciate it!

 

[Bajo_cero2]

No, I didn't say that. Temporaria does not automatically become permanent in the sense that you CAN apply for it on the 3rd year. You can certainly be temporary resident beyond 3 years. Migraciones allows you to get permanent after 3 years.That's it.
Student temporary residency is a perfectly valid residency and it DOES count toward the permanent. There is no difference -- it's just a subcategory and that's irrelevant. Another options is to apply for citizenship after 2 years. You might apply before the 2 years but it's more complicated and you'd need a lawyer otherwise you can do it yourself..

Citizenship can be applied the day after you arrive to Argentina, but the judge is not going to grant it before the 2 years are full fit. You do not need legal residency for citizenship. But, if you want to apply for it by your self, it is better.

 

[dsp27]

Citizenship can be applied the day after you arrive to Argentina, but the judge is not going to grant it before the 2 years are full fit. You do not need legal residency for citizenship. But, if you want to apply for it by your self, it is better.

That's all fine but honestly based on what I have seen those that apply before the 2nd year usually end up in a legal mess where their case ends up taking 4-5 years. If someone wants to try their luck I would advise they get a lawyer.

 

[steveinbsas]

Citizenship can be applied the day after you arrive to Argentina, but the judge is not going to grant it before the 2 years are full fit. You do not need legal residency for citizenship. But, if you want to apply for it by your self, it is better.

That's all fine but honestly based on what I have seen those that apply before the 2nd year usually end up in a legal mess where their case ends up taking 4-5 years. If someone wants to try their luck I would advise they get a lawyer.

I have a hunch that Bajo_cero2 would agree with what dsp27 wrote in reply to his post.

I also have a hunch he could also recommend a lawyer who has a great deal of experience in representing clients who wish to apply for citizenship but do not have legal residency and/or have not been in the country for two years.

 

[Bajo_cero2]

That's all fine but honestly based on what I have seen those that apply before the 2nd year usually end up in a legal mess where their case ends up taking 4-5 years. If someone wants to try their luck I would advise they get a lawyer.

You cannot apply before the 2 years without a lawyer, indeed.
Some cases were quoted as zombie in the past but where very complicated ones (illegal entry, fake passport, fake visa, criminal records, arrest order for deportation, work under the table, and so on) and, however they delayed, they were granted.
On the other hand, I cannot quote cases where to apply before the 2 years helped to save time, to stop deportation or to avoid a rejection at the border because of professional secret.