Unión Civil Convivencial & Permanent Residency Requirements

[Alby]

Not that I've been looking into your category (civil union), but I think it's pretty clear that the changes wrought by the recent DNU mean that foreigners who marry an Argentine are only eligible to apply for temporary residency now, and will only progress to permanent residency after the third year of this temporary residency (each year in between renewing the temporary residency by showing themselves to be still married). I did ask my lawyer about these changes to the rules for married people, and he confirmed that this is how it will work. It won't be any easier, surely, for someone in a civil union. (Whether civil union still counts for anything at all from a Migraciones point of view, I can't comment. It's obviously the threshold question for you.)

The DNU did specify that citizenship applications begun before the DNU came into effect could continue under the pre-DNU rules. But residency applications (whether temporary or permanent) fell outside this arrangement.

 

[ramenlove]

I see, that tracks with the updated websites. Obtaining temporary vs. permanent residency is not something that particularly concerns me, I'd be happy with a renewable temporary residency – but obviously I am quite worried that a unión convivencial will no longer be accepted. I will have to see what Migraciones say at my appointment next Monday and will update here.

 

[whattodo]

Sorry not been active here at all so just getting round to responding now - but I see you’ve been helped by those who kindly helped me also!

I understood ingreso regular as regular income, honestly. Especially as you have to confirm your last entry on RADEX when you originally apply. Anyway, as Juls commented, nothing regarding income was asked during my interview, either.

And yes, you can only get a (I believe three-year) temp residency now with the Civil Union. After those three years, as long as you’re in the country long enough each year, I understand you can then become permanent.

I applied the day before the DNU went into effect, so I believe should be processed under the old rules. I’ve been ‘en tramite’, and holding an precaria, ever since receiving my first precaria at the start of June.

 

[ramenlove]

One last update from me just for the sake of completeness:

I had my appointment with Migraciones and can now confirm that the Unión Civil Convivencial is still accepted in place of a marriage. However, as Alby has already pointed out, spouses of Argentinian citizens will now only receive a renewable temporary residency for one year. After three years of this (presumably renewing the residency each year with an appointment at migraciones, the officer was not too sure himself), you'll be able to apply for permanent residency.

A happy outcome for me personally, but a huge change for anyone going for permanent residency and/or citizenship via this route.

 

[Stevied]

Per my DNI, which I’ve had for 10 years, it says I am a Permanent resident (I am married to an Argentine citizen). I don’t currently reside in Argentina. While we usually visit Argentina every year, it’s sometimes longer than 12 months between visits. Does anyone know if this new law impacts people like me who already have permanent residency?

 

[ramenlove]

I'm obviously not an expert, but I can't really see a reality in which they'd retroactively rescind your permanent residency that you got 10 years ago.

 

[Alby]

Retrospectively no. But from here on in, to the extent that the current DNU remains in force, and to the extent they are inclined to enforce it, you would lose the permanent residency if you were more than 12 months outside the country.

 

[Alby]

If enforced, it would lead to the recontra complicated situation of having to apply again for temporary residency, and maintain it for three years before recovering the permanent. But to maintain the temporaries, you'd have to be inside Argentina 183 days each year.

 

[Stevied]

If enforced, it would lead to the recontra complicated situation of having to apply again for temporary residency, and maintain it for three years before recovering the permanent. But to maintain the temporaries, you'd have to be inside Argentina 183 days each year.

So effectively, what is the difference between temporary and permanent residency?

 

[Alby]

Only the need to spend as little as one day every 12 months in Arg in order to retain it (permanent residency) versus 183 days (temporary residency).