As you may know, there is a subcategory of permanent residency (article 78 paragraph 1 of law 8764) for having completed 3 years of consecutive temporary residency. Like other permanent residencies, this one enjoys condition of ¨libre condición¨ status.

Many times, people obtain temporary residency and extend it to their minor children, adult children up to 25 years of age with dependency, to their father and mother, to their husband or wife. In this case, depending on the beneficiary, a temporary residency or a special categories granted to the beneficiary.

The beneficiaries can enjoy and renew their status as long as the titular person has renewed and maintains his/her temporary residency. If the titular person and his beneficiaries consecutively maintain the temporary residency granted, they are entitled to apply for permanent residency.

However, sometimes due to different issues and obstacles or lack of information, economic issues, etc., the holder obtains the temporary residency but the application of the beneficiaries is delayed or is presented with a great difference in time. Therefore, beneficiaries are granted their immigration status months or sometimes years later.

In this case, which is not uncommon either, when the holder is ready to apply for permanent residency because he/she has completed 3 years with temporary residency, his/her beneficiaries have not yet accumulated 3 years with temporary residency.

If the holder applies for a change of category from temporary residency to permanent residency, there are 2 situations to consider:

First, wife or husband and minor children who have been granted temporary residency as dependents cannot renew since the holder has legally manifested his or her will to change category.  Neither can they apply for permanent residency. In addition, the conditions for category dependent of permanent resident status are different from category dependent of temporary resident status.

Second, parents and children up to 25 years of age who have been granted special status because of their relationship with a temporary resident will not be able to renew their immigration status, nor will they be able to obtain temporary or permanent residency.

Therefore, it is not always beneficial to change from temporary to permanent residency at once. Many times, it is necessary to analyze in depth and consider the benefits of family members who enjoy an immigration status as dependents. The importance of this point shines through when we consider the matter of naturalization as a part of the trajectory of the integration of immigrants in this country.