What are I and my wife's residency options in this scenario and the new changes?

[Sparta]

Greetings! I've browsed the forum occasionally, but first time posting. I'll preface by saying I fully realize our situation could have been avoided by being more proactive with applying sooner. However, I'm looking for ways forward now (if any).

Our situation is that we're both foreigners who have overstayed by a significant amount of time. We've spent majority of the time between early 2022 and today in Buenos Aires. We've only spent 5-6 months of that time elsewhere, on 2 & 3 trips for both of us, respectively. I have 3. They weren't "visa runs." We left for months at a time on 2 occasions, and I took 1 short trip.

Last one was shortly before this period last year. I had to go to the US alone (I'm American) for a little under 2 weeks. That was my second overstay fee, so I'm on my 3rd overstay now.

While processing the last one, the officer recommended I regularize my stay. I told him my wife was having a baby here soon, and we'll apply for residency, based on that. Fast forward to our baby being born around this time last year. We wanted to have the baby's DNI card in hand before we started anything for ourselves.

After several failures in the production and delivery of the card (and multiple follow-up visits), it was already January. At that point, we opted to pay the extra fee for express re-production and for them to hold the card at their office for pick up, instead of delivery. That finally did the trick.

So in January/February is when we should have started our residency process. However, the apartment we were for nearly a year got sold and the new owners made changes that warranted us to move abruptly, in early January. There wasn't time to secure another longer term place right away, so we stayed in 3 different airbnbs between then and last month, because each had limited availability.

I only say that to say, all that moving around with a baby and trying to find a long term place distracted us from the application. Last month, we settled into a place and wanted to begin, but it appears the changes made in late May are more far-reaching than I initially thought.

I was under the impression that like the old law, even if there is now a time requirement, our time over the last few years would count. However, from all indications, it appears it won't. Our plan was to get residency (temp or permanent) and live here for about 2-3 years more. As it is, we've both significantly overstayed, we have a citizen baby and unsure what our options are.

So, fine people who have some insight into the latest changes, like @Bajo_cero2 I would appreciate any recommendations or pointers on our possible options. Thank you for reading my long post.

 

[steveinbsas]

I posted this on May 14:

“Los requisitos para acceder a la residencia permanente se reforzarán[/B] aún más. Esta se dará automáticamente solo hijos de argentinos. Los padres pasarán a encuadrarse en el régimen de residencia temporaria. Si luego acreditan arraigo, medios económicos suficientes (eso se determinará con exactitud en la reglamentación) y antecedentes penales limpios, están admitidos a ser residentes permanentes.”

Here is the Google translation:

'The requirements for permanent residency will be further strengthened. This will be granted automatically only to children of Argentine parents. Parents will be placed under the temporary residency regime. If they later prove roots, sufficient financial means (this will be precisely determined in the regulations), and a clean criminal record, they are eligible to become permanent resident."

If this translation is accurate and the decree actually includes these provisions, a child who is born to foriegn parents after the decree takes effect will automatically recieve permanent residency and the parents will only be able to apply for temporary residency.

Fortunately, you are already the parents of of a child who is an Argentine citizen. Unfortunately, under the new rules you may only be elegible for temporary residency at this point as well as being subject to the two year continuous physical presence requirement for citizenship, that is if you apply for temporary residency at migraciones.

You might also have an issue with migraciones regarding your source of income, especially if you are working remotely and not declaring or paying taxes in Argentina on your foriegn income.

I am not going to give you advice regarding what you "should" do, but I will explain what I would and would not do if I was in exactly the same situation as you are at this point.

I would stay away from the office of migraciones.

I would not leave the country.

I would consult an Argentine attorney who has experience representing clients who want to apply for citizenship without a DNI.

I would ask the attorney if being the parents of a child who was born in Argentina and already has their DNI still constitutes gronds for citizenship of the parents and if the new two year continuous physical presepresence reqirement for citizenship through migraciones is now being (or likely to be) applied by judges in the federal courts.

I would also ask if income earned en negro is still "accepted" by the courts as "an honest means of living."

I would be prepared to pay the lawyer at least $5,000 per parent to pursue the case.

 

[Che1990]

I would also ask if income earned en negro is still "accepted" by the courts as "an honest means of living."

Has this been the case in the past? I am in negro but plan to finally get a monotributo

 

[steveinbsas]

Has this been the case in the past?

Based on posts by Bajo_cero2, demonstrating an "honest means of living" does not necessarily mean that the income is en blanco and that federal judges have accepted income en negro to satisfy the reqirement.

I am in negro but plan to finally get a monotributo

I don't think you can become a monotributo without a CUIT and I believe you first would need to have at least a precaria from migraciones, even before the temporary residency recieves final approval.

 

[Che1990]

Based on posts by Bajo_cero2, demonstrating an "honest means of living" does not necessarily mean that the income is en blanco and that federal judges have accepted income en negro to satisfy the reqirement.

QUOTE="Che1990, post: 463794, member: 71944"]
I am in negro but plan to finally get a monotributo

Thanks. Luckily, I’ve been a permanent resident since 2020, so no issues there. Unless they question why I haven’t had a monotributo since then

 

[steveinbsas]

Thanks. Luckily, I’ve been a permanent resident since 2020, so no issues there. Unless they question why I haven’t had a monotributo since then

I answered your question before I realized you are not the OP.

I cannot predict how migraciones will react to the fact that you have been working en negro if you apply for citizenship while they are in control of the citizenship processes.

Meanwhile, I think you would only have to be concerned with potential tax issues if you are not reporting taxable income, and as far as I know, migraciones will never bother you about tax issues. Perhaps they would if you apply for citizenship, but since you are already a permanent resident, why bother with migraciones and the ordeal that would potentially become?

 

[Sparta]

@steveinbsas I appreciate your detailed response. So upon taking a closer look, it appears we can still get temporary residency, based on our baby. Honestly, that's all we need. Permanent residency would've been great, but if temporary residency is still automatic, like the permanent one used to be, that's fine.

Like I said earlier, our plan is to remain here for 2-3 years and leave. Citizenship would've been nice, for other reasons outside living in Argentina, but we can do without it. If we get temporary residency and need to renew or convert it in 3 years, we'll explore it at that time. For now, we'll try to get the temporary residency processed asap.

If anyone has any additional insight, I'll be happy to hear it. Thanks!

 

[Alby]

From reading the articles of the Migration Law posted in a related thread yesterday, I think you'll find that (i) you can apply for temporary residency as parents of an Argentine child and (ii) at the completion of the third year of temporary residency will be able to upgrade to permanent residency (after two years if your wife is Mercosur). For the PR, you would have to show sufficient economic means, but that is a long time in the future and there is no way of predicting now what what it will mean in practice.

(Citizenship will probably also be possible at some point for you, depending on how the new arrangements shake down.)

 

[Sparta]

From reading the articles of the Migration Law posted in a related thread yesterday, I think you'll find that (i) you can apply for temporary residency as parents of an Argentine child and (ii) at the completion of the third year of temporary residency will be able to upgrade to permanent residency (after two years if your wife is Mercosur). For the PR, you would have to show sufficient economic means, but that is a long time in the future and there is no way of predicting now what what it will mean in practice.

(Citizenship will probably also be possible at some point for you, depending on how the new arrangements shake down.)

Yeah, we had the easy option of applying over the last few months, but didn't move quick enough. At this point, citizenship isn't a priority, as I didn't even know if I wanted it before the change. The analysis paralysis from weighing that path and other events I mentioned earlier caused us to sit on our hands longer than necessary.

If anyone has any pointers on the actual temp residency process, or knows an affordable facilitator/translator who specializes in residency applications, that would be great. I speak passable enough Spanish, but my wife doesn't. In getting our baby's birth certificate, they officially required a translator, because my wife doesn't understand Spanish. So one might be helpful to have.

 

[Bajo_cero2]

Greetings! I've browsed the forum occasionally, but first time posting. I'll preface by saying I fully realize our situation could have been avoided by being more proactive with applying sooner. However, I'm looking for ways forward now (if any).

Our situation is that we're both foreigners who have overstayed by a significant amount of time. We've spent majority of the time between early 2022 and today in Buenos Aires. We've only spent 5-6 months of that time elsewhere, on 2 & 3 trips for both of us, respectively. I have 3. They weren't "visa runs." We left for months at a time on 2 occasions, and I took 1 short trip.

Last one was shortly before this period last year. I had to go to the US alone (I'm American) for a little under 2 weeks. That was my second overstay fee, so I'm on my 3rd overstay now.

While processing the last one, the officer recommended I regularize my stay. I told him my wife was having a baby here soon, and we'll apply for residency, based on that. Fast forward to our baby being born around this time last year. We wanted to have the baby's DNI card in hand before we started anything for ourselves.

After several failures in the production and delivery of the card (and multiple follow-up visits), it was already January. At that point, we opted to pay the extra fee for express re-production and for them to hold the card at their office for pick up, instead of delivery. That finally did the trick.

So in January/February is when we should have started our residency process. However, the apartment we were for nearly a year got sold and the new owners made changes that warranted us to move abruptly, in early January. There wasn't time to secure another longer term place right away, so we stayed in 3 different airbnbs between then and last month, because each had limited availability.

I only say that to say, all that moving around with a baby and trying to find a long term place distracted us from the application. Last month, we settled into a place and wanted to begin, but it appears the changes made in late May are more far-reaching than I initially thought.

I was under the impression that like the old law, even if there is now a time requirement, our time over the last few years would count. However, from all indications, it appears it won't. Our plan was to get residency (temp or permanent) and live here for about 2-3 years more. As it is, we've both significantly overstayed, we have a citizen baby and unsure what our options are.

So, fine people who have some insight into the latest changes, like @Bajo_cero2 I would appreciate any recommendations or pointers on our possible options. Thank you for reading my long post.

The best option today is to apply for citizenship under the former law requesting the unconstitutionality of DNU 366/2025.