Thousands of Argentines, with terror of being expelled

[nikad]

Hey, sorry, didn't see your initial question. I have permanent residency now.

I did move here back in 2003 so maybe that had something to do with it being such a smooth process for me. I'm guessing from what I am reading that is not the norm. I did leave for Asia for a time and just back in August of 09 (if that has something to do with it).

Are you Asian? If so, chances are that Argentina has some special agreement with your country of origin. (?)

 

[AlexfromLA]

It means anybody with a tourist visa can get the 90 day extension, leave and re-enter with a new visa issued from an Argentine consulate...if their motive is not tourism.

Lol,

I speak perfect Castellano btw. I was asking for Sir. Liam's input on the matter seeing as how he unequivocally and unilaterally decreed that anyone can live in Argentina permanently on a tourist visa. But thanks.

 

[AlexfromLA]

Lol was my English that horrible? anyway, yes, what Steve said.

Lol,

Thanks. Your translation was perfect.

 

[steveinbsas]

Hey, sorry, didn't see your initial question. I have permanent residency now.

I did move here back in 2003 so maybe that had something to do with it being such a smooth process for me. I'm guessing from what I am reading that is not the norm. I did leave for Asia for a time and just back in August of 09 (if that has something to do with it).

You probably received permanent residency under a decree that doesn't apply to those of us who arrived later and had to prove income to receive temporary residency in the first place.

Thanks for clearing that up, but it does mean that your lawyer can't get residency (and the DNI) for "anybody" as easily as he did for you.

 

[steveinbsas]

Lol,

I speak perfect Castellano btw. I was asking for Sir. Liam's input on the matter seeing as how he unequivocally and unilaterally decreed that anyone can live in Argentina permanently on a tourist visa. But thanks.

You're welcome.

People who are indeed living here "legally" by getting new tourist visas every 90 days do not have either temporary or permanent resident status and the day will probably come when migraciones tells them NO MORE than 180 days per year unless they have temporary or permanent residency. It could happen at any time...just as they stopped granting permanent residency on the third renewal of temporary visas, at least for a few months in 2009. I'm still uncertain if those who received temporary resident visas after May or June of 2009 will be able to get permanent residency on their third renewal. By then it could all change...again...and the changes will come without warning...just like the recent increase in the monthly income requirement for the visa rentista.

 

[French jurist]

Well well well... If you forgive the terrible english from a frenchie (excuse my french ) , here is my answer regarding the source of the 180 days limit for turists.

I think it's a kind of doctrinal problem, the law actually dealing with migration not being that well written in some aspects.
The ultimate ley de migraciones (25.871) shows an obvious contradiction, I am referring to articles 122 and 124.
It's a doctrinal aspect, it means that people interpreting the law need to imagine what the legislator meant.
Article 122 leads to think that the new law wipes out all the effects of the previous law and reglementary decretos or decisions while Article 124 tells us that (dispose en french, I don't know the castellano equivalent for it) previous laws and reglamientos will still be in effect until the new law (and very likely this means the new reglamientos as well) come into effect.

If I put it simply, the new law wipes out the previous law unless certain aspects are not defined after the new law is passed (sounds weird, messy but the text is messy itself, not me. I'm just trying to understand).

Therefore the previous decretos (previous to the new law) are still in effect until a new decreto changes the rules.

Therefore (bis repetita) : the decreto referring to the old law (decreto 1023/94) still applies since a new one was never passed.
And this works too for all the reglementations that were passed before this new law 25.871 was passed.

This is why no certain answer can be found over the net : the law 25.871, especially in its article 122 and 124 is written in a very weird way. Old norms still apply until new ones are taken.

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On a side note, since this is a foreign expat forum (many different backgrounds/opinions), if some could make an effort not to fall into personal fights, I am quite sure this would be quite beneficial for all of us.

Cheers

 

[steveinbsas]

On a side note, since this is a foreign expat forum (many different backgrounds/opinions), if some could make an effort not to fall into personal fights, I am quite sure this would be quite beneficial for all of us.

Where's the fun in that?

 

[nikad]

The minute any judge decides to imagine the meaning or interprets these vague or contradictory articles, it sets a precedent and then the rest will follow.

 

[steveinbsas]

If I put it simply, the new law wipes out the previous law unless certain aspects are not defined after the new law is passed (sounds weird, messy but the text is messy itself, not me. I'm just trying to understand).

Does this mean it's up to migraciones to create "policy" when the "law" is not specific?

 

[French jurist]

Does this mean it's up to migraciones to create "policy" when the "law" is not specific?

I do believe you know the answer