Six months per anum in Argentina now required for temporary visa renewals

[steveinbsas]

I posted about this "rumor" in the past but I don't think anyone replied about having a problem:

This morning I receoved a PM from another member whose temporary visa renewal is being held up because they were only in Argentina five months in the past year.

Has anyone else had this problem?

Has anyone been able to renew (recently) even though they were in Argentina less than six months of the year?

 

[steveinbsas]

I received this PM in response to my first post:

"we are currently visiting friends in montevideo. they have also been there around 3 years (but not full time). on friday they went to migraciones expecting to collect their residency papers. they were rejected because they had been in the country for less than 6 months last year. "

So much for rumors.

 

[fifs2]

You know if it wasnt for the negative impact on expats you'd have to admire the govt for these latest lightning changes that are making Argentina start to look like a serious country. When we arrived 9 years ago we were lucky and happy to open a bank account, buy a house and set up a company with nothing more than a tourist visa so I can imagine the pain for those who no longer feel that flexibility but I have a sneaking sense of respect for some of the recent logical govt moves to control dollar outflows, bank accounts etc

 

[solerboy]

Maybe they dont want foreigners moving here for the generous social security payouts and free world class health service !

 

[steveinbsas]

Maybe they dont want foreigners moving here for the generous social security payouts and free world class health service !

Or perhaps they want to make sure temporary residents are in Argentina long enough each year (over 180 days) to be liable for taxation on their worldwide assets and income.

 

[mariposa]

Or perhaps they want to make sure temporary residents are in Argentina long enough each year (over 180 days) to be liable for taxation on their worldwide assets and income.

i think you hit the nail on the head!

 

[Bajo_cero2]

Well, you can be legally 6 months per year without being a resident. 3 months the first time, 3 moths with the first renewal.
I don t think there was any change, they are just improving the control system.
Regards

 

[elclandestino]

Currency control and presuming innocent folks are guilty are so 3rd world

They are not trying to make Argentina a better place to live. They are more up to some more looting

 

[steveinbsas]

Well, you can be legally 6 months per year without being a resident. 3 months the first time, 3 moths with the first renewal.
I don t think there was any change, they are just improving the control system.
Regards

What you are saying is true, but you are referring to those with a visa transitoria, not a visa temporaria...and this thread is about the latter.

Foreigners with a visa temporaria do not have to renew after three months. They have to renew annually. If migraciones refuses to renew their temporary visa because they were in Argentina less than 180 days of the year they can only stay with a visa transitoria (tourist visa)..and doesn't that mean they can only "legally" stay in Argentina a maximum 180 days of the year...as you have posted a number of times?

The question remains: can migraciones require those with the temporary visa to actually be in Argentina more than 180 days in order to qualify for the renewal of their (annual) visa? Apparently that is exactly what they are doing.

This is a critical issue for many who have a temporary visa, don't "live" in Argentina, and in the past have not needed to count the number of days (in a year) that they are actually in country!

 

[Bajo_cero2]

What you are saying is true, but you are referring to those with a visa transitoria, not a visa temporaria...and this thread is about the latter.

Foreigners with a visa temporaria do not have to renew after three months. They have to renew annually. If migraciones refuses to renew their temporary visa because they were in Argentina less than 180 days of the year they can only stay with a visa transitoria (tourist visa)..and doesn't that mean they can only "legally" stay in Argentina a maximum 180 days of the year...as you have posted a number of times?

The question is: can migraciones require those with the temporary visa to actually be in Argentina more than 180 days in order to qualify for the renewal of their (annual) visa? Apparently that is exactly what they are doing.

I wasn t confused Steve, it s logic. If you can be legally 6 moths per year as a tourist, for being a resident you need 6 months and 1 day into the country
The philosophy of the decree 616/2010 is to do not take attention to the nomen iuris (legal name: toruist visa, temporary visa, etc) and to take attention to the reality. Somebody who is less than 6 months per year is a tourist not a resident.

The decree calls the unproper use of a visa "desnaturalizacion" of the visa. It means that you apply for the visa for a reason but you are using it for another.

You have the 6 months rule here:
[FONT=&quot]
Art. 62:
[/FONT][FONT=&quot]c) El beneficiario de una radicación permanente hubiese permanecido fuera del Territorio Nacional por un período superior a los dos (2) años o la mitad del plazo acordado, si se tratara de residencia temporaria, excepto que la ausencia obedeciere al ejercicio de una función pública argentina o se hubiese generado en razón de actividades, estudios o investigaciones que a juicio de la Dirección Nacional de Migraciones pudieran ser de interés o beneficiosa para la República Argentina o que mediara autorización expresa de la autoridad migratoria la que podrá ser solicitada por intermedio de las autoridades consulares argentinas;
d) Asimismo será cancelada la residencia permanente, temporaria o transitoria concedida cuando se hayan desnaturalizado las razones que motivaron su concesión o cuando la instalación en el país hubiera sido subvencionada total o parcialmente, directa o indirectamente por el Estado Argentino y no se cumplieran o se violaren las condiciones expresamente establecidas para la subvención;[/FONT]

Regards