Part 2: Courts Nº 5–8 | How to Get Argentine Citizenship Explained
How to Get Argentine Citizenship varies depending on the court handling your case, as each has unique challenges and procedures. Covers courts with unique challenges like language exams and new procedures.
– Court Nº5: Known for strict rules and language exams; persistence is required.
– Court Nº6: Simplified requirements and faster processing; minimal paperwork hurdles.
– Court Nº7: Focuses on detailed income certifications; timelines can stretch.
– Court Nº8: Introduced new fingerprinting and spousal declaration rules; moderate speed.
Understanding these differences can help applicants navigate the citizenship process more effectively.
Court Nº5 (Juzgado Nº 5): Strict Processes with Language Exam Requirements
General Challenges of Court Nº5
Court Nº5 is widely regarded as one of the most complicated courts in the system. Despite its reputation, with the right approach, timing, and persistence, the process is manageable. Many applicants have successfully obtained Argentina citizenship, often within a year and a few months. However, this court is notorious for creating obstacles at almost every step, requiring patience, persistence, and often repeated trips to Argentina. Whether you are applying for Argentina citizenship by marriage, by Argentina temporary residency, or any other residency option, navigating this court requires careful planning.
Spanish Language Exam Requirements
A significant challenge in Court Nº5 involves the Spanish language exam. Timing depends on the secretary handling the case:
– Secretary Nº9: Requests the language exam early in the process, around 3–4 months after application submission.
– Secretary Nº10: Schedules the exam much later, typically after the prosecutor’s review.
Despite these inconsistencies, citizenship can still be achieved if applicants follow the proper steps diligently. This is especially true for those applying for Argentina citizenship by marriage, where language skills may be less of a challenge for those already living in Argentina.
Improvements in 2022–2023
In recent years, Court Nº5 has made minor procedural improvements. In 2022–2023, they stopped requiring certain requests from the federal police and Interpol, which reduced the overall timeline. While this change has helped speed up some cases, delays and administrative hurdles remain common.
Current Trends in 2024
n 2024, there have been instances of Argentina citizenship being granted within just over a year. However, these cases are exceptions rather than the norm. The court continues to consume significant time and energy, requiring multiple steps, each lasting 2–3 months. For example:
– Language exam scheduling: 2 months.
– Residency proof submission: 2 months.
– Fingerprinting and responses: 6–12 months.
Secretary-Specific Variability
There is a noticeable difference between the two key secretaries in Court Nº5:
– Ninth Secretary: More lenient, often scheduling the oath ceremony within a month.
– Tenth Secretary: Stricter, slower, and less accommodating, with oath ceremonies frequently delayed by months.
This variability can significantly impact the timelines for those applying for Argentina citizenship by marriage or other programs.
Navigating the Process: Key Tips
1. Patience is essential: The process remains lengthy despite procedural changes.
2. Legal support helps: Lawyers can push the process forward, file complaints, and handle delays more effectively.
3. Complaints and follow-ups: Filing complaints can be effective, but only if done by a licensed lawyer. Direct emails from applicants are often ignored.
4. Avoid ineffective gestures: Bringing small gifts like candies or pastries to court staff does not influence the process.
A Word of Advice from Argentina immigration lawyer
To avoid unnecessary hassle, delays, and administrative challenges, it’s highly recommended to consult a certified Argentina immigration lawyer. We can help streamline the process, ensure all requirements are met, and advocate on your behalf to minimize delays.
Whether you’re looking to get Argentina citizenship by marriage or pursuing Argentina permanent residency, working with a lawyer ensures a smoother and more efficient process. Lawyers can also help with applications related to Argentina citizenship by birthright, Monotributo Argentina registration for self-employment, or Argentina residency for family members under the family reunification visa Argentina.
Court Nº6 (Juzgado Nº 6): Simplified Documentation and Faster Processing
The Court Nº6 has significantly improved compared to before, mainly because a new court has been appointed. Previously, the judge came from the Fifth Court, but now the judge is from the Third Court. This change simplifies the process for individuals looking to immigrate to Argentina, especially those applying through paths such as Argentina citizenship by marriage or Argentina citizenship by birthright.
Key Improvements:
1. Language Requirement:
– Earlier, knowledge of Spanish was mandatory, but now it is no longer required.
2. Reduced Document Requests:
– Previously, they required seven different reports from federal and provincial police (a comprehensive process).
– Now, they only ask for a single report from the national criminal record registry.
– This report can be requested without physical presence, meaning there’s no need to visit an office or provide fingerprints. Instead, the Ministry of Interior provides a direct response confirming whether the individual has a criminal record or not.
Challenges with the New System:
– The registry often loses responses or provides incorrect information, sometimes claiming no record of the person exists.
– To avoid such issues, it’s advisable to submit fingerprints while in Argentina. An Argentina immigration attorney can arrange this through RNR (Registro Nacional de Reincidencia), ensuring your data is entered into the system. If the court requests the report later, the response can be easily retrieved, saving you from an unnecessary trip to Argentina.
Additional Simplifications:
– The new judge has eliminated the need for a rental contract, utility bills (electricity, gas, water), or proof of residence tied to the declared address.
Current Requirements:
For the Fourth Stage (after all responses are received), the court now asks for only three documents:
– Proof of residency status (DNI or Precaria).
– A police clearance certificate from your Home Country.
– Income certification from an accountant.
The previous requirement for proof of address has been removed, which makes the process less burdensome for applicants, especially for those applying through Argentina Citizenship by marriage or Argentina citizenship by naturalization.
The Final Steps:
– After submitting these documents, the court issues a publication for a newspaper.
– If your last migration movement was entering Argentina, your case is sent to the prosecutor.
– If not, a new request is made to migration authorities to confirm your presence in the country.
– The final decision can take 2–3 months, so patience is necessary. However, if you are applying for Argentina citizenship by marriage or Argentina citizenship by birthright, working with an Argentina immigration lawyer can help expedite certain parts of the process.
Recent Changes in Processes:
– Previously, the court issued the newspaper publication immediately. Now, they wait for responses from other government bodies first.
– Electronic systems have been implemented, but issues persist, such as lost or incorrect responses from the Civil Registry.
Handling Delays:
– If there is no response from the Civil Registry or RENAPER within a reasonable time, you must file a request for the court to make a new inquiry.
– Without DNI (Argentine ID), the Civil Registry will confirm you don’t exist in their records. With DNI, they should verify your fingerprints.
– For Interpol checks, delays of 2–3 months are common. If no response arrives, the court needs to resend the request.
The Role of an Attorney:
Having an Argentina immigration lawyer simplifies and expedites the process. They can follow up regularly with government agencies, ensuring responses are received promptly. Without legal support, delays of 3 months or more are possible due to unmonitored requests. Attorneys can file requests weekly or biweekly, keeping everything on track and ensuring your Argentina citizenship or Argentina residency application proceeds smoothly.
By actively managing your case and working closely with the court and agencies, you can minimize unnecessary delays and complications. Whether you’re applying for Argentina citizenship by naturalization, the Rentista visa Argentina, or Argentina citizenship by marriage, an attorney can significantly reduce your wait time.
Court Nº7 (Juzgado Nº 7): Detailed Income Certification Focus
Submission Process
1. Initial Submission:
– The Court Nº7 requires the submission of a carátula (case summary) at the reception desk. This is the only document needed for the first step in your journey towards Argentina citizenship.
– After submitting the carátula, you must wait for the court to summon you to present all original documents for verification.
2. Verification of Documents:
– The court will primarily request proof of income (certificación de ingresos) and supporting documents.
– Ensure that income certifications are specific and nominative, detailing the recipients of your services or transactions (e.g., invoices issued to specific clients).
– Payment records must also be submitted.
3. Required Certifications:
– The court mandates all seven official clearances, including from the Federal Police, Interpol, the Ministry of Interior, and other relevant authorities.
–Note: This court rarely waives the requirement for a criminal record check from your home country, and processing can take up to 12 months or more. If you are seeking Argentina citizenship by marriage or by any other pathway such as by Argentina rentista visa, having all certifications in order is essential.
Timeline and Recommendations
1. Electronic System:
– All case updates and document movements can be tracked online.
– Responses to most inquiries (except criminal record checks) are typically received within 3–4 months. This can be particularly helpful for those looking to understand the timeline for their Argentina citizenship by birthright, Argentina citizenship by marriage, or by Argentina temporary residency applications.
2. Follow-Up:
– Frequent follow-ups are crucial. Print requests from the online system multiple times and submit them directly to the court to expedite responses.
– Sending emails to the court often elicits a response within 2–3 days, ensuring that your Argentina immigration process stays on track.
3. Estimated Timeline:
– Citizenship can be obtained within 12–16 months if the process is handled properly and follow-ups are consistent.
Residency Requirements
1. Migration Status:
– Towards the end of the process, the court may request confirmation of your migration status (DNI, permanent residency, or temporary residency). Ensure you are physically present in Argentina during this phase.
– If the prosecutor sees evidence of prolonged absence from Argentina, your case may be paused, which could delay your application for Argentina Argentina citizenship by marriage or Argentina citizenship by naturalization.
2. Living in Argentina:
– It is highly recommended to reside in Argentina during the final six months of the process. Being absent could result in delays or denials based on the lack of attachment to the country, an important consideration for anyone applying for Argentina citizenship.
3. For Families with Argentine Children:
– While having an Argentine child exempts you from the two-year residency requirement, the court still evaluates your connection to Argentina. Lack of physical presence could lead to a denial, even if you are applying for Argentina citizenship by birth.
Benefits of Working with an Attorney
1. Faster Submission:
– An Argentina immigration attorney can expedite document submission and receive responses within 10 days instead of 120 working days.
– Fingerprinting and other formalities can also be completed immediately, saving months of waiting, and helping you navigate the Argentina citizenship.
2. Efficiency in Requests:
– Attorneys can request repeated follow-ups, ensuring quicker responses from the court and reducing the overall timeline by 4–5 months.
3. Cost and Time Savings:
– You save at least one trip to Argentina and avoid extended delays in the citizenship process.
Challenges with Prosecutors
1. Prosecutorial Opinions:
– There are only two prosecutors for all 11 courts. One prosecutor rarely provides opinions, while the other frequently issues denials, particularly if the applicant lacks evident ties to Argentina.
– Prosecutorial objections can be challenged through appeals, but this may extend the timeline.
2. Connection to the Country:
– The prosecutor’s primary concern is whether the applicant demonstrates sufficient connection (arraigo) to Argentina. If not, citizenship applications may be denied.
Final Advice for Immigration to Argentina at Court Nº7 (Juzgado Nº 7)
– Stay proactive and consistent with follow-ups to avoid delays in your Argentina immigration process.
– Maintain residency or a strong physical presence in Argentina during critical phases of the application, especially when applying through Argentina temporary residency or Argentina rentista visa.
– Consider hiring an Argentina immigration lawyer to streamline the process and avoid unnecessary delays in obtaining Argentina citizenship.
Court Nº8 (Juzgado Nº 8): Moderate Speed with New Rules
Back in the past, the process was significantly more complicated, as a language exam was required in almost all courts. Currently, the Court Nº8 requires a combination of documents: requests, certifications, and a confirmation of status from the immigration office (Migraciones).
The court wants to ensure that you are physically complying with Argentina residency rules. Even after the prosecutor’s conclusion, which may be favorable, the court might request confirmation from Migraciones twice: once before the prosecutor’s decision and again before the final ruling. Patience is essential in navigating this process, whether you are applying for Argentina citizenship by marriage, Argentina citizenship by naturalization, or any other pathway.
Key Characteristics of the Eighth Court
1. Dependent Spouse Declaration
If you are applying for Argentina citizenship by marriage or another family-related pathway, you declare that you are financially dependent on your spouse, the court will require you to appear in person with your spouse. Your spouse must sign a declaration in person to confirm their financial support. Remote declarations are not accepted.
If you leave Argentina after submitting your application, you might be informed of this requirement 3–4 months later. This would require you to return to the country to provide the declaration, delaying your case further. After submitting the declaration, the court typically issues the fingerprinting appointment a month later, which is a critical step for Argentina citizenship.
2. Fingerprinting and New Rules
Since April, the court has implemented new procedures. If you work with an attorney, they will inform you of these requirements in advance. With the legal guidance of Argentina immigration lawyer, you can complete the fingerprinting process early in the application. This ensures that even if you leave Argentina, your fingerprints will already be in the system, preventing delays.
Recently, we had a client who submitted all their documents and completed fingerprinting. While they were waiting for responses from Interpol and Migraciones, the court introduced this new rule. For applicants who weren’t prepared, their cases were delayed, and they had to return to Argentina to meet the new requirements. Our client, however, avoided this problem because everything was handled in advance, with the help of an Argentina immigration lawyer.
3. Electoral Chamber Check
One of the final steps involves a request to the Electoral Chamber, which confirms whether the applicant has previously applied for citizenship elsewhere in Argentina. Once this response is received, the case can proceed quickly. For one of our clients, this was the last remaining document, and now that she is moving back to Argentina, her case is nearly complete.
Average Timelines
Navigating the Argentina citizenship and Argentina residency application process, particularly through the Eighth Court, can be time-consuming. The Eighth Court is not the slowest, but it still takes time. If you ensure that all necessary requests and declarations are submitted promptly, you can avoid unnecessary delays. For example:
– If you submit income certificates or spousal declarations six months after filing your application, it will take an additional month for the court to issue the convention request.
– The convention request itself typically takes 12 months to process.
– Migraciones may take another month to respond.
On average, the entire process takes about two years. Working with a professional Argentina immigration attorney can significantly reduce risks and help you avoid delays. If you’re interested in applying through Argentina investment visa, Argentina rentista visa, or Argentina citizenship by naturalization, it’s essential to stay on top of each step, provide all necessary documents on time, and follow up regularly.