The infamous CUIL

[steveinbsas]

...Turns out I misunderstood... I will be getting my CUIT, and then working as an independent contractor for them. It's a good thing anyway, as I'm a graphic designer and should be legal for my freelance work.

As I (and others) have previously posted, you cannot get a CUIL without having (at least) a temporary resident visa. In order to work legally, either as an employee or an independent contractor, you need a work visa, but it may be possible to get a CUIT without a resident visa, especially if you own property here and need to pay the bienes personales tax.

In any case, they're still sticking to the photocopy of my birth certificate (instead of the real, apostillized one) and that I need a background check, although they're saying it can be from my state—that it doesn't have to be federal. Is it even possible for me to get a state criminal report from out of the country (in the US)?

A simple photocopy of your birth certificate cannot receive the seal of the Apostille and will not be accepted by migraciones. A recently issued "certification of a vital record" from the Secretary of State in which you were born can receive the Apostille and WILL be accepted by migraciones and also by the RNP when applying for the DNI.


I had an original copy of my birth certificate (with the doctor's and hospital administrator's signatures) but migraciones required me to provide a newly issued "certification of a vital record" from the Secretary of State before they granted my temporary residency. That certificate actually included a photocopy of the original birth record that was identical to the one in my possession.

I submitted a letter from my home town police department (in 2006) to satisfy the criminal background check. It was on the PD letterhead and contained all my personal data (DOB, passport number, address for the past five years, etc). It was notarized and received the Apostille from the Secretary of State. I don't know it that would be acceptable to migraciones today and I don't know if similar reports are issued by individual states.

Also, another trainee mentioned that with the CUIT we're entitled to certain benefits, like insurance, etc., from the government. I thought they had free public health care for foreigners and citizens alike...

Through your "employer" you may qualify for a significant (50%) discount as a member of a group plan, but expatconnection offers membership in a Medicus group plan (with a 50% discount) to all expats, regardless of resident status.

While there is no charge for foreigners at public hospitals, you may not find them desirable. Some of the "private" hospitals also leave a lot to be desired (noticeably old equipment). Except for a small discount (usually 10%) if you pay cash, you will pay "full" price for any medicines you buy at pharmacies (as opposed to a 40% discount as a member of a private plan).

Finally, is it legal for me to work with a CUIT on a tourist visa? I know I can't get a work visa unless I have a contract with a company, but do I need to look into getting some sort of temporary residency? Would that even be possible for me?

It is not legal for you to work without a work visa and you will not get a CUIL (Workers Identification Number) without a job. It is the work visa that grants you temporary residency.

 

[cassiem13]

Wow, thanks so much. It is seriously so helpful!

So what do independent contractors or the self-employed do here to get a work visa? Or can you get one ONLY if you have a contract with a company? It seems like there would have to be some way to get a work visa and be self-employed, as it seems like there would be many people (translators, photographers, consultants, etc.) who would need such a visa.

In my research, I've found that some people are able to get a CUIT on a tourist visa, even though they're not supposed to... I guess sometimes it just depends on how the agent who's helping you is feeling that day... haha.

Thanks for the insurance info, too! So I do need insurance if I'm going to go to anywhere other than a public hospital (like a private practice, etc.), yes?

Thanks again so much... you are all such a great help!

 

[Attorney in BA]

I do not have a working visa, I am not a director of local company, and I definitely have a CUIT.

Steve, my post was unclear. With 'working visa', i meant a visa that allows you to work legally. That would be any type of temporary or permanent visa, as opposed to transitory visas.

Foreigners with any kind of temporary or permanent visa should be able to obtain the CUIT or CUIL without difficulties. Foreigners with a transitory visa should not be able to get a CUIT unless they are directors of a local company, at least according to AFIP regulations (but this is AFIP we are talking about, so it would depend on the Agency).

 

[Katie]

Quick note about the FBI check vs. a letter from local PD: when I first tried to apply for my work visa I had exactly the letter that Steve is talking about (official letterhead, important information, etc). It was also apostilled and translated. Immigration told me that it was not a valid document anymore and that I had to have the FBI background check. I know that it used to work, but apparently there have been changes.

 

[steveinbsas]

By the way, CUIL = Workers Identification Number / CUIT = Individual Taxpayer Identification Number.

Here's how to obtain a CUIT:

http://www.afip.gob.ar/english/taxInformation.asp

It may be that AFIP does issue the CUIT to foreigners without resident visas, especially for the purpose of paying the bienes personales taxes, but not for the purpose of getting a job or engaging in business without the appropriate documentation form migraciones.

 

[igor]

I believe analogy with US tax numbers is like this:

CDI (Clave de Identificación) - ITIN (Individual Taxpayer Identification Number). Used when you do not work in the country, but need to pay taxes for some reason (real estate, open bank account, investments).

CUIL (Clave Único de Identificación Laboral) - SSN (Social Security Number). You need it if you work for an employer. This number is tightly related to employee benefits (pension plans, for example) and given by social security agency.

CUIT (Clave Única de Identificación Tributaria) - EIN (Employer Identification Number) CUIT is not only for individuals, but it is tax number for all the employers including big companies etc. The difference is that if you are a sole proprietor/monotributisto, you can not use your CUIL as your tax id like SSN in the States.

 

[allcraz]

All of this info has been extrememly helpful. I will be going through the process of getting permanent residency soon, and one thing is not clear to me: On this website I read:

"Any documents issued abroad must be certified by the Argentine Consulate in the country where the documents where issued or certified with the seal "Apostille" (for non-bordering countries adopting Hague Convention of 1961) or certified by Consulate of the country where the documents were issued in Argentina."

But I have read here that the birth certificate, for example, is issued and apostilled by the Secretary of State (I'm from the States). According to the website, it seems like it also needs to be taken to the Argentine Embassy to be apostilled?

 

[steveinbsas]

All of this info has been extrememly helpful. I will be going through the process of getting permanent residency soon, and one thing is not clear to me: On this website I read:

"Any documents issued abroad must be certified by the Argentine Consulate in the country where the documents where issued or certified with the seal "Apostille" (for non-bordering countries adopting Hague Convention of 1961) or certified by Consulate of the country where the documents were issued in Argentina."

But I have read here that the birth certificate, for example, is issued and apostilled by the Secretary of State (I'm from the States). According to the website, it seems like it also needs to be taken to the Argentine Embassy to be apostilled?

If you have the apostille from the Secretary of State you should not need to have your birth certificate certified at the Argentine Embassy or Consulate. Since you are asking about your birth certificate at this point I am curious to know (since I am also applying for permanent residency now) if you are applying for permanent residency based on a family relationship, as that's the only way I know of to get permanent residency without first having temporary residency for a few years. (If you already had temporary residency you shouldn't need to submit your birth certificate again.)

 

[allcraz]

Hi Steve,
Yes, it is through a family relationship. I am getting married at the beginning of next year. Thanks for your answer!

 

[tinto]

Steve or those in the know,

From what you and other posters have said, whether applying for a work visa or a student visa, you now need to provide a "new" birth certificate apostilled, correct? The original certificate from when I was born is not sufficient? Unfortunately in California the processing time for a birth certificate is 18 weeks! The website suggests you contact your county if you need the document sooner than that time frame - I'll call the county recorder on Monday to see what they say.

I also want to confirm that the BC must be translated into Spanish. All docs must be translated into Spanish, including the passport page with the photo, right?

FYI, the FBI processing time for the background check is 8-10 weeks from when they receive your form and fingerprints (per the website at this time). Apostilling is not necessary for migraciones, and the FBI does not provide that service anyway.

~tinto