Residency Without Fitting Any Category !!!!

[khairyexpat]

LA MILANESA >>> http://baexpats.org/...es/page__st__70

#17.
Overstaying tourist visa earns you:

• IRREGULAR STATUS punishable by a $300 pesos fine.
• Before exit you can pay in person at Migraciones Retiro, OR at Terminal Omnibus Retiro ubicado en el Puente Nº 5, (de 8 a 20 hs), OR 24/7 at Ezeiza or Aeroparque.
• After exit without paying, it will show up on the system and you still can pay it online, but the system will have your history (you´re pushing your luck),. Avoid having history!!!
• Even if Migraciones rejects your residency application officially, you´re still IRREGULAR, and you still can overstay for years, while appealing in courts. Up until when you get a court order to leave the country (1 in a million chance), ONLY then .. that it ultimately becomes ILLEGAL. (Unique to Argentina). #18.

• For most of the rest of the world, it'd earn you an ILLEGAL STATUS right away. Day ONE after your 90 days, you´ll be subject to penal code, jail & black listed not to re-enter the country again for many years.
• Soliciting a new 90 days at Retiro will put you at a much higher risk for "Ultima Prórroga" than doing the Colonia run.

The blue sub-Bullet should read as follows:

• Even if Migraciones officially rejects your residency application, you´re still IRREGULAR. Only when they get a deportation order that it becomes ILLEGAL, but you can appeal, and Federal Court will give you Precaria to carry on your appeal. The appeal process can take many years. At the end of the appeal process, Federal Court will override the DNM Residency Categories Requirements.

Another way to skin a cat, ___ If you don´t fit in any category and you have the time and money.


I'm not soliciting anything or giving any advice (I have ZERO legal background).
Just offering my time to share my own personal experience.

 

[steveinbsas]

Thanks, khairy. I still wonder about is how those who have received deportation orders were caught in the net....

...and how much more or less it might cost to pay a lawyer to get residency this way than to apply for citizenship.

PS: You probably already know the overstay fee is now $600 pesos.

 

[Bajo_cero2]

Here some corrections.

If you stay under the radar, only then you have very low chances to get a conminacion a hacer abandono (a legal invitacion to abandon the country or else...).
BUT if your residency application fails, then in 3 months you have it. Then you have to appeal it yes or yes because the next step is that in less than 1 year your "invitation to leave" is taken to the Judge and then it becomes a deportation order with its arrest order included. In that case they arrest you even if you are trying to leave the country.

There are 2 kind of possible appeals: 1) Administrative before Immigration where you only win if you have relatives who are Argentines or 2) at the federal Court that defends the Argentine State. It is a different Court than where you apply for citizenships. At Contencioso Administrativo the chances are against you because the duty of the judges is to defend the soveregnity of Argentina. Most of the recent cases you see at Supreme Court come from this Courts which means they say no offen.

To appeal is used normally as a delat strategy because a case can take 6/7 years and meanwhile people get married and/or have children.

On the other hand, the immigration categories were enacted for applying for visas at the Consulate abroad. So, to require them for legal residency is illegal and can be discussed at Court.

 

[pitipur]

hey all - i still have this question -- i remember a while ago i kept reading that there was some kind of loophole where you can gain residency just because you've been in the country for 3 years - is that true and is that still the case?

i have my DNI through work right now and it expires in November. if Im still working for the company, Ill get it for another year, and when that expires, i will have been living in argentina for 3 years so that's why Im wondering, since I wont fit into any category at that point if i leave the company. thanks!!

 

[steveinbsas]

hey all - i still have this question -- i remember a while ago i kept reading that there was some kind of loophole where you can gain residency just because you've been in the country for 3 years - is that true and is that still the case?

If you are referring to permanent residency, I don't think that is possible. You can apply for citizenship now (perhaps without a lawyer).

i have my DNI through work right now and it expires in November. if Im still working for the company, Ill get it for another year, and when that expires, i will have been living in argentina for 3 years so that's why Im wondering, since I wont fit into any category at that point if i leave the company. thanks!!

You already have temporary residency based on work. I know from personal experience that it's possible to apply for permanent residency on the third renewal for those who have residency based on the visa rentista or pensionado, but I am not sure if permanent residency can be granted on the third renewal of a work visa.

If it can, staying with the company (at least until after the third renewal) would be a very good plan.

 

[khairyexpat]

PS: You probably already know the overstay fee is now $600 pesos.

Thanks to you Steve, you´re always the first to keep us all update.
No one would dare to deny your VALUABLE ADDED CONTENT contribution. To so many posts. Covering so many topics.
Just your constructive rich giving nature !!!

Yes, many fees gone up as of March 1st, 2015. ..... Also DNI fee went up to $50 pesos (from $40).

The problem with LA MILANESA >>> http://baexpats.org/...es/page__st__70 .... is that it is an ALIVE DOCUMENT (changing all the time). Keeping it update is very tedious and time consuming task, .... tires me out.
I wish there was a better way .. (EDIT PERMISSION) .. to access the existing last post to quickly make a minor update (like the fees).

A full release would be the last resort for only major major changes.

 

[pitipur]

If you are referring to permanent residency, I don't think that is possible. You can apply for citizenship now (perhaps without a lawyer).



You already have temporary residency based on work. I know from personal experience that it's possible to apply for permanent residency on the third renewal for those who have residency based on the visa rentista or pensionado, but I am not sure if permanent residency can be granted on the third renewal of a work visa.

If it can, staying with the company (at least until after the third renewal) would be a very good plan.

Thanks for the info. Unfortunately I don't see myself staying with the company 2 more years, BUT i do have a house in the states that I am renting that would easily cover the $8000 per month requirement, so it sounds like maybe the rentista option is a better one for me.

 

[steveinbsas]

Thanks for the info. Unfortunately I don't see myself staying with the company 2 more years, BUT i do have a house in the states that I am renting that would easily cover the $8000 per month requirement, so it sounds like maybe the rentista option is a better one for me.

If that's the case I suggest you start that process ASAP...unless the rental income is at least double the $8000 per month requirement (which will be calculated at the official rate) as the last time the income requirement was increased it went from $3000 per month to $8000 (after the exchange rate had increased from just over 3 to just over 4 pesos to the dollar).

When it comes, the new income requirement could exceed $16000 pesos per month.

The new rates will go into effect with little advance notice and even if you are granted the visa rentista at the $8000 per month level, I am not sure if you will be able to renew your visa rentista in the future with the same amount of monthly income.

PS: You have the DNI and can demonstrate an "honest means" of living right now. Why not just go to the federal court and apply for citizenship?

Go there first and ask what you need. They will give you a list (which can vary slightly from court to court).

You will probably be asked to provide photocopies of your birth certificate and DNI as well as a certificado de domicilo that is less than 24 or 48 hours old.

 

[pitipur]

If that's the case I suggest you start that process ASAP...unless the rental income is at least double the $8000 per month requirement (which will be calculated at the official rate) as the last time the income requirement was increased it went from $3000 per month to $8000 (after the exchange rate had increased from just over 3 to just over 4 pesos to the dollar).

When it comes, the new income requirement could exceed $16000 pesos per month.

The new rates will go into effect with little advance notice and even if you are granted the visa rentista at the $8000 per month level, I am not sure if you will be able to renew your visa rentista in the future with the same amount of monthly income.

PS: You have the DNI and can demonstrate an "honest means" of living right now. Why not just go to the federal court and apply for citizenship?

Go there first and ask what you need. They will give you a list (which can vary slightly from court to court).

You will probably be asked to provide photocopies of your birth certificate and DNI as well as a certificado de domicilo that is less than 24 or 48 hours old.

I know you mentioned it before but thought it may have been a typo - I can REALLY apply for citizenship, having only been here for a year and a half and with temporary residency that was approved for 1 year only, and only just in November? I thought it was similar to permanent residency that you needed several years of temporary residency before you could apply.

Sorry to the OP whose thread i have hijacked!

 

[steveinbsas]

I know you mentioned it before but thought it may have been a typo - I can REALLY apply for citizenship, having only been here for a year and a half and with temporary residency that was approved for 1 year only, and only just in November? I thought it was similar to permanent residency that you needed several years of temporary residency before you could apply.

Sorry to the OP whose thread i have hijacked!

Based on this information, I think you can apply for citizenship now, but you will probably need a lawyer, preferably one with a good (if not perfect) track record in getting citizenship for individuals who were in the same situation as you are now.

The requirement to have three years of temporary followed by two years of permanent residency to obtain citizenship is obsolete.

If I understand correctly, the Argentine Constitution has a provision which allows for citizenship to be granted after two years residency in the country.

If you start the process now, you will have the required two years before the process is complete.