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'pensioner visa self-employment loophole?' Retirement

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pensioner visa self-employment loophole?


Forum Post
01/26/09 08:25
pennsylvania

pensioner visa self-employment loophole?

Thank author of this post/commentA person on a pensioner visa is not allowed to be employed; I get it. What if however, someone with that type of visa wanted to create artistic works, would this person be allowed to sell their products (stained glass items)either directly (on a commission) or indirectly through a third party (tourist shops or the open market)and receive an income from their efforts? Just trying to think out an additional income. Are there loopholes here?

Thank you.


Comment #1
01/27/09 03:23
Pocitos
Thank author of this post/commentWhat is a "pensioner visa"? In Uruguay I went through a procedure of changing my "tourist" status to "legal resident" status.

There is no visa, stamp or other indication in my passport regarding my "legal resident" status. In fact if I enter Uruguay from Argentina or Brazil, Uruguayan immigration doesn't want to see my passport at all.

The "legal resident" status gives me an Uruguayan ID Card that looks like the ones that Uruguayans carry and I can work.

During the process, you are in a "in tramite" status, ie: in process. I'm not sure if you can work during that process. You may or may not receive an ID during that process.


Comment #2
01/27/09 06:11
Montevideo - URUGUAY
Thank author of this post/commentfvansan,

when you get the residency in Uruguay, you can work or not. That's entirely your decission. To get the residency you will have to prove a minimum income of USD 500 a month acceptable for Immigrations. If you live on Social Security of the US this does not bother Immigrations. They will grant you the residency after aproximatelly 7 to 8 months. You could even start to work without having your residency approved.

Regards,

Peter Stross


Comment #3
01/27/09 09:50
pennsylvania
Thank author of this post/commentFrom the Uruguay Consular web page.

Some corrections to previous posts are noted below. Please note Article #6 as to the prohibition of work. Also, Autos can be imported too (some previous posts stated otherwise)

"Regulation of benefits given to foreigners by Law 16.340 (dated December 23rd. 1992) Regulation

Article 1. If a foreign person fulfills the following conditions:

is a retiree in a foreign country

has obtained the permanent residency in Uruguay after December 15th 1992

He/she will be entitled to the benefits stated in the Article 3rd of the regulated Law subject to the presentation of the following documentation to the Uruguayan Migration Office (“Dirección Nacional de Migración”):

a. Documentation certifying his/her retiree status and a steady and permanent minimum monthly income of $ 1, 500 (US Dollars one thousand five hundred). Legitimate documentation translated into English if applicable and legalized by the Uruguayan Consulate in the place of issuance.

b. Purchase of a real estate property or Uruguayan government securities according to the following:

i. Purchase after December 15th 1992 of a real estate property located in Uruguay with residential (home) purpose with a minimum value of $ 100, 000 (US dollars one hundred thousand). The property could not be sold for a period of 10 years. Property title or notary public certificate should be presented to demonstrate ownership.

ii. Purchase of Uruguayan government securities of a minimum nominal value of $ 100, 000 (US Dollars one hundred thousand). The securities will be under custody of the “Banco de la República Oriental del Uruguay” for a minimum period of 10 years.

The real estate investment can be exchanged for the Uruguayan government securities and vice versa. Any of those assets could be exchanged by a risk investment of the same minimal amount provided it has been approved by the “Oficina de Planeamiento y Presupuesto”. If the real estate value is less than the minimum required it can be complemented by Uruguayan government securities. All changes require authorization from the “Ministerio del Interior”.

Article 2. Persons who comply with the requirements stated in Article 1 will be entitled to obtain following benefits:

A. Introduction into the country during the 6 months after the permanent residence is approved of the following goods free of all custom, import and exchange duties:

1. Furniture, appliances and related items to be used at the requestor’s house (custom authorities will review and evaluate the quantities and purpose).

2. 1 car subject to the following conditions:

The car cannot be sold or transferred for a period of 4 years after the introduction into the country.

* The car will be registered at the car registry (“Registro de Vehículos Automotores”) documents will indicate status described above (A).

* The car must be insured according to the regulations existing for status described above (A).

B. Issuance of current passport for the requestor, spouse and son/s/daughter/s (less than 18 years old) according to Artículo 17 Decreto 167/993.

C. Keeping life and retirement insurance benefits contracted abroad.

Article 3. Foreigners interested in obtaining the benefits of the Law 16.340 could start the legal residence procedure with their relatives at the corresponding Uruguayan Consulate or at the Uruguayan Migration Office (“Direccion Nacional de Migracion”).

In both cases, applicants should comply with the requirements of the Artículo 6to dated February 28th, 1947.

To comply with sources of funding/income the requestor should comply with the terms stated in Article 1 A) and present a signed commitment to proceed with the investment required in B).

In case procedure is started at the DNM, to comply with criminal record requirement the following information is needed:

* From the country where the requestor lived the last five years prior entering in Uruguay. Last address must be provided.

* US citizens may present a criminal record issued in USA, legalized by the Uruguayan Consulate in USA and translated into Spanish or they can request their criminal record at the INTERPOL office in Uruguay.

To comply with health certificate requirement, a health certificate issued by “Ministerio de Salud Pública” (Ministry of Public Health) or by another authorized medical institution must be presented. In all cases it must shown the purpose: “radicación” or “residencia legal en el país” (legal residence).

Foreign retirees and pensioners from the organizations (with seat in Uruguay) stated below must present a certification issued by the “Ministerio de Relaciones Exteriores” (Uruguayan Ministry of Foreign Relations) subject to the compliance of the above mentioned conditions:

International organizations

*

Embassies

*

Consulates

* Military missions

*

Commercial missions

Article 4. Once the permanent residency request is approved by the Ministry of the Interior, the “Dirección Nacional de Migración” will contact the “Dirección Nacional de Aduanas” (Custom authority) in order to authorize the introduction of furniture and appliances.

Article 5. Once the signed commitment to proceed with the investment required in Article 1 B) is presented the “Dirección Nacional de Migración” will communicate: a) the “Dirección Nacional de Aduanas” in order to authorize the introduction of the car and b) the “Dirección Nacional de Identificación Civil” (Uruguayan Direction of Civilian Identification) in order to issue the passport.

Article 6. Violation of the rules concerning prohibition of sale of the real estate property and/or work as employee will produce the loss of custom benefits and passport.


Comment #4
01/27/09 09:54
pennsylvania
Thank author of this post/commentSo what I'm wondering is can one become self-employed as an artist so as to not be an employee as Article #6in the above posts states, "Prohibition...work as an employee will produce the loss of custom benefits and passport."

Comment #5
01/27/09 09:58
pennsylvania
Thank author of this post/commentAlso note, it is not $500/month income, not $1, 000/month income, but $1, 500/month income or investment of $100, 000 in real estate or purchase of Uruguayan Government Security.(Article 1A and 1Bi&ii)

I hope these long posts will be helpful to others.


Comment #6
01/28/09 04:53
Pocitos
Thank author of this post/commentI think you will find there are several classes of residency and the one that has the $1, 500/month AND a $100, 000 investment supposedly offers a passport.

Yesterday I went with someone that was getting their papers ready and they are offering proof of US$500 in income for residency and no investment.


Comment #7
01/28/09 06:58
Montevideo - URUGUAY
Thank author of this post/commentfvansan: you can come to Uruguay and establish immediatelly your own firm, the kind you prefer, and start working. You only will have to apply for residency within the next 6 months of your arrival. You can even start working as an employee. There are lots of expats coming to Uruguay working as employees and starting the residency process within the granted period of time.

Lee from Pocitos: please inform yourself before giving information. Read the answer to fvansan's posting of the requirements obtained by the Uruguayan Embassy in the US below. If you still have some doubts please ask and don't give wrong information.

I already posted in several forums, that the information about residency in Uruguay you will get at the different Uruguayan Embassies and/or Consulates is far from being completely actualised or correct.

First of all, the mentioned Law Nº 16340 was ammended with the Law Nº 18250 which is enforced since January 1st, 2008.

The proof of income asked for at any Uruguayan Consulate around the world is of USD 1500 a month per person. Immigrations request USD 500 monthly per household. Completely different concepts and amounts.

The purchase of a property of any value is not more accepted by Immigrations since November 1st, 2005 as far as same does not provide an income, say rented to somebody else.

The amount of USD 100.000 in State Bonds could be correct, as this amount would provide an income of about USD 650 to 800 monthly depending on the Bonds. The State Bonds usually are electronic, so you only will get a Certificate from the Stock Exchange Dealer you are using. It's not mandatory that same must be done through Banco de la República.

About the information provided about the goods immigrants can bring with them I have to state, confirm, swear, what ever you want, that foreigners are NOT ALLOWED to bring their vehicle as part of their moving goods.

I would never recommend or take a foreigner to the Ministerio de Salud Pública to make the Health Certificate required to apply for residency. For the first the cost is almost the double than in private clinics. Second the installations they have would make me ashamed of what is offered to foreigners or locals to make an Health Certificate. Third the time is much more valuable than making a row of 4 to 5 hours to get a number and then pass the process for another 3 to 4 hours, when I can get an appointment in a private clinic by phone and arriving in time in less than 60 minutes you are through.

"Article 4. Once the permanent residency request is approved by the Ministry of the Interior, the “Dirección Nacional de Migración” will contact the “Dirección Nacional de Aduanas” (Custom authority) in order to authorize the introduction of furniture and appliances."

This is completely false. Immigrations will issue the new resident under request a certificate for Customs. Immigrations DO NOT notify any other government dependences.

There also have been changes with the citizenship. It used to be that elder immigrants could get immediately a Uruguayan passport. Since 10 years this is no more possible. All immigrants have to apply for residency and once they got same they have to wait a minimum of three years to be able to start the process for citizenship. The citizenship process is by the way not so easy in requirements as the residency, but not impossible.

Regards,

Peter Stross

Uruguayan Relocation Services


Comment #8
07/04/09 07:00
cwemoy

There have been long posts especially the one about Law that did not exactly answer the initial question. What is a pensioner's visa in the first place? Is it owned by someone that is a retiree and has relocated into another country?

Someone earlier on hinted on the immigration officials not caring to look at your legal requirements..how true is that and why should one work as an employee before seeking permanent residence?


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