Tourist visas

Actually, there is NO law that says 180 days in a year (calendar or 12 month period) is the maximum length of stay. The law simply states that one must leave after 180 days. It is perfectly legal to return. It's a simple loophole to close (to wit, many countries clearly state that one may not stay in that country for more than 180 days in a year). To date, Argentina has not done so.

As posted, the law is vague and if Migraciones were to suspect someone was abusing the intent of the tourist visa (ie, here for years or working or whatever), they could indeed deny entry.

However, there is nothing illegal about staying in Argentina a year for example, if one is a tourist, not working and traveling as long as you leave after 90 days (or 180 if you have renewed once in Argentina).

* Note however that a stay of more than 180 days would make one liable for paying taxes in Argentina technically.
 
citygirl said:
Actually, there is NO law that says 180 days in a year (calendar or 12 month period) is the maximum length of stay. The law simply states that one must leave after 180 days. It is perfectly legal to return. It's a simple loophole to close (to wit, many countries clearly state that one may not stay in that country for more than 180 days in a year). To date, Argentina has not done so.

As posted, the law is vague and if Migraciones were to suspect someone was abusing the intent of the tourist visa (ie, here for years or working or whatever), they could indeed deny entry.

However, there is nothing illegal about staying in Argentina a year for example, if one is a tourist, not working and traveling as long as you leave after 90 days (or 180 if you have renewed once in Argentina).

This is a mistake. There is no debate about that as soon as the tittle of chapter V of the law is "About the illegality of the staying".

Look:
[FONT=&quot]
ARTICULO 24.- Los extranjeros que ingresen al país como “residentes transitorios” podrán ser admitidos en las subcategorías establecidas por el artículo 24 de la Ley Nº 25.871, con los siguientes alcances:
a) Turistas: quienes ingresen con propósito de descanso o esparcimiento, con plazo de permanencia de hasta TRES (3) meses, prorrogables por otro período similar.
[/FONT]
[FONT=&quot]ARTICULO 34.- A efectos de controlar el ingreso y egreso de personas del territorio argentino la DIRECCION NACIONAL DE MIGRACIONES tendrá las siguientes atribuciones:

g) Otorgar la admisión al país, si correspondiere, dentro de las categorías migratorias establecidas o, en caso contrario, rechazar el ingreso del extranjero.[/FONT]


[FONT=&quot]ARTICULO 35.-
a) Rechazo en frontera: Cuando se dispusiere el rechazo en frontera de un extranjero, la autoridad migratoria arbitrará los medios necesarios para que su reconducción fuera del territorio argentino se realice en el menor tiempo posible.[/FONT]

[FONT=&quot]TITULO V - DE LA LEGALIDAD E ILEGALIDAD DE LA PERMANENCIA[/FONT]
[FONT=&quot]CAPITULO I - DE LA DECLARACION DE ILEGALIDAD Y CANCELACION DE LA PERMANENCIA[/FONT]
[FONT=&quot]ARTICULO 61.- Cuando se verifique que un extranjero hubiere desnaturalizado los motivos que autorizaron su ingreso al territorio argentino o permaneciera en éste vencido el plazo de permanencia acordado, la DIRECCION NACIONAL DE MIGRACIONES lo intimará a fin de que, en un plazo que no exceda de TREINTA (30) días, se presente a regularizar su situación migratoria debiendo acompañar los documentos necesarios para ello. A tal efecto, se lo notificará por escrito informándole, de un modo comprensible, las consecuencias que le deparará mantenerse en la situación migratoria advertida.

[/FONT]
[FONT=&quot]

According to the law, art. 24, the visa con be renewed one time. After that, you are not a tourist any more, you become an immigrant (no matter the euphemism you want to use to describe yourself) and that´s why art. 61 says "[/FONT]denaturing[FONT=&quot] the reason that authorized his entry to the country".

The philosophy behind the law is to attract immigrants instead of deport them like happens in other countries that have enough or are overpopulated (US and UE). That´s why the law gives you the chance to apply for a residency. But, if you don t do it, the deportation procedure begins and in less than 3 months you have a deportation order.

So, it is not illegal to abuse of the visa renewal, because illegality is regarding to crimes. Here we have an irregularity that can be healed applying for a residency or citizenship.

So, yes, there is a 180 days limit in the law.

And it makes no sense to go to Uruguay as soon as it is the best way to get a 30 days ultimatum or to be rejected at the border.

Regards


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Well, I spoke to both my lawyer and Migraciones about this and both stated that there is no law that limits the total amount of time spent in Argentina to 180 days in a calendar year nor in a 12 month period. *

For example, a tourist visa to brasil (which I happen to have in front of me) CLEARLY states: "No foreign national may stay in Brasil for more than 180 days within a period of 12 months calculated on the the basis of the date of entry either as a temporary II visa and/or on a tourist visa. It is forbidden to study and to take any renumerated activity."

And Migraciones directly confirmed to me that were no issues with a longer stay if the intent was tourism during that time and the person left after 180 days as required by law and returned and did not work for money at all during that time.

*I asked both my lawyer and Migraciones because I know someone personally who will be based here for 9-12 months while she will be spending some time on learning spanish and other personal hobbies. She will not be a perma-tourist and will not be earning any money nor does she have any interest in residency or anything else. So I wanted to check with both as a favor to her.

Both the person at migraciones and my lawyer said there were no issues/problems with that stay.

ETA - Just sharing what my personal experiences have been and what I was told directly by another lawyer and migraciones. I have no personal or financial motivation in any of the statements above.
 
citygirl said:
Well, I spoke to both my lawyer and Migraciones about this and both stated that there is no law that limits the total amount of time spent in Argentina to 180 days in a calendar year nor in a 12 month period. *

Good for you.
 
Thanks ;) BTW - I think you provide a great service to many expats who need a way to regularize their situation. Kudos to you.

Just pointing out that for those who aren't planning on staying, not becoming perma-tourists and have no interest in obtaining any type of status in Argentina but may be here longer than 6 months but are still acting as tourists, there are options.

I think my fave part was that the girl at Migraciones helpfully told me about the ferry to Colonia and that the girl could just take it and return to Argentina. So I think we can all pretty safely say that Migraciones is more than aware of the "loophole". lol
 
Boludos, who cares? Just leave through EZE and you have no problems. I've overstayed 5 times in the last 3 years and never once had a problem. The only time anyone ever gets crap is when they go to Colonia for 'Visa Runs' - which are totally 100% unnecessary.

This thread has been beaten to death on this forum multiple times.
 
joemama said:
Boludos, who cares? Just leave through EZE and you have no problems. I've overstayed 5 times in the last 3 years and never once had a problem. The only time anyone ever gets crap is when they go to Colonia for 'Visa Runs' - which are totally 100% unnecessary.

This thread has been beaten to death on this forum multiple times.

It's been beaten to death because some people simply don't believe there are ever any problems, and there is a lot of false information that keeps getting repeated.

The guy who came back from another country and was told he had a time limit to get his crap together and leave the country came into EZE...
 
citygirl said:
* Note however that a stay of more than 180 days would make one liable for paying taxes in Argentina technically.

Would that be true even if no part of one's income is earned in Argentina, and one does not have any investment instruments or securities abroad that would fall under bienes personales?
 
Bajo_cero2 said:
So, it is not illegal to abuse of the visa renewal, because illegality is regarding to crimes. Here we have an irregularity that can be healed applying for a residency or citizenship.

What is your advice to someone who wants to stay in Argentina for some non-trivial (more than 90-180 days) period of time, possibly years, but:

1) Does not qualify for residency because they are not (a) sponsored by an Argentine employer, (b) a retiree with passive income, (c) an investor, (d) a distinguished specialist, academic or athlete, (e) married to or intending to marry an Argentine national, (f) a political refugee/asylum seeker, (g) student, or any other admissible residency categories?

2) Earns income 100% outside Argentina and has no intention of working for an Argentine employer.

?
 
AlexanderB said:
What is your advice to someone who wants to stay in Argentina for some non-trivial (more than 90-180 days) period of time, possibly years, but:

1) Does not qualify for residency because they are not (a) sponsored by an Argentine employer, (b) a retiree with passive income, (c) an investor, (d) a distinguished specialist, academic or athlete, (e) married to or intending to marry an Argentine national, (f) a political refugee/asylum seeker, (g) student, or any other admissible residency categories?

2) Earns income 100% outside Argentina and has no intention of working for an Argentine employer.

?

To just overstay or to apply for citizenship.
 
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