Chile: Published Regulation Creates Key Changes through New Immigration Law
February 14, 2022
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At a Glance
As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the first implementing regulation. The publication of the regulation creates the following key changes, effective immediately:
- Restrictions on in-country change of status for most foreign nationals;
- Replacement of the Consular Tourist Visa with a Consular Short-Term Authorization for foreign nationals seeking to enter Chile for tourism and business, which can be issued for multiple entries up to 10 years;
- Stricter eligibility rules for permanent residence permits, limiting absence from Chile to 60 days (down from 180); and
- Relaxed travel restrictions for permanent residents in Chile, among other foreign nationals.
The situation
As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the first implementing regulation, which effectuates the changes immediately.
A closer look
Key changes include the following:
| Description of change | Impact |
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Centralization of immigration adjudication. The regulation designates the National Immigration Service as the central governmental department responsible for adjudicating visa and residence applications in Chile. Previously, certain immigration processes and decisions fell under the jurisdiction of the Ministry of Foreign Affairs and/or the Ministry of Interior. |
This centralization is expected to streamline immigration processing and create uniform guidelines for immigration officers to follow when making residence and work authorization decisions. Visa and residence applications filed before February 12, 2022 (consular or in country) are unaffected by this change. The Ministry of Foreign Affairs will continue to adjudicate consular short-term authorizations (tourist visas). |
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In-country change of status restricted. Foreign nationals entering Chile as tourists are no longer able to change to residence status in country. Previously, foreign nationals could apply for a visa or residence through a consular process or by entering Chile as a tourist and applying through an in-country process. |
Foreign nationals seeking to work and reside in Chile need to remain outside the country while completing their work and residence process. The new rule makes it harder for foreign nationals to enter on a tourist visa and remain in the country without obtaining work and residence documents. Exceptions apply for foreign nationals with family ties to a Chilean national or permanent resident, and other specific exceptions under the national immigration policy or approved by the Ministry of Interior. Visa and residence applications filed before February 12, 2022 (consular or in country) are unaffected by this change. Additional regulations are expected to ease travel and work restrictions during the processing of consular visas. Fragomen will report on relevant developments. |
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Online system expanded. Foreign nationals exceptionally authorized to apply for a visa or residence in country can now submit their application through the National Immigration Service’s online portal instead of by mail. |
Upon filing a visa or residence application online, foreign nationals are immediately issued a visa or residence-in-process receipt, which allows them to reside (and work, depending on the category) in Chile. Previously, it took the immigration service approximately 120-150 days to issue the receipt when receiving an application by mail. |
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New visa for tourist and business travelers. The regulation creates a new Consular Short-Term Authorization for visa nationals seeking to conduct tourism or business for up to 90 days. It can be granted for up to 10 years, for single or multiple entries. |
The visa replaces the Consular Tourist Visa, which was generally granted for a single entry and regulates short-term trips for tourism and business. As a reminder, business travelers should secure work authorization if their stay exceeds 14 days, or if they intend to work. |
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Stricter eligibility criteria for permanent residence. To apply for permanent residence, visa or temporary residence permit holders cannot remain outside Chile for more than 60 days during the previous year of residence, down from the previous 180-day limit. If that is the case, a longer temporary residence period (which depends on the visa type) is required before the foreign national can apply for permanent residence.
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Temporary residents of Chile who reside abroad need to travel to Chile more often if they plan to apply for Permanent Residence status. |
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Permanent residence status rules relaxed. Permanent residents can now remain outside Chile for up to two years without losing their immigration status, up from the previous one-year limit. |
Permanent residents can take assignments outside of Chile for longer periods of time and will not need to return each year to maintain their permanent residence status. |
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RUN number expedited. Foreign nationals can now apply for a Chilean identification number (RUN) before or during the processing of their visa application, provided the social security entity, health insurance company, educational or financial institution submits a request to the Civil Registry on the foreign national’s behalf. Previously, foreign nationals had to wait until their visa was approved to apply for the RUN.
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The RUN allows local entities to enroll a foreign national in their payroll and is required for educational, health, social security, financial and other matters in Chile. |
The regulation also formalizes administrative sanctions, causes for deportation, the appeals process, visa renewal details, and implements other, less impactful changes.
Background
- History of the new immigration law. In December 2020, following a seven-year legislative process, the Chilean congress approved a new immigration law restructuring the immigration system. In April 2021, the government published the law in the official gazette, leaving the Ministry of Interior to publish implementing regulations by April 2022.
- Crisis response. As a result of measures implemented by the Chilean government due to Venezuela’s socio-political crisis and the COVID-19 pandemic, irregular border crossings have increased considerably in the last two years, creating social unrest and anti-immigrant sentiment in the country.
- Need for reform. According to the government, the new immigration law will modernize the current immigration system which has existed largely unchanged since 1975, by providing a more organized and controlled migration system. Over the past decade, the number of immigrants in Chile has increased 5.5%, largely due to the stable political and economic situation in the country relative to other countries in the region.
Looking ahead
Other reforms included in the new immigration law will take effect once additional related regulations are published; until then, the existing residence and work permit categories (including Work Contract Visa, Temporary Residence Visa and Special Work Permit for Tourists) remain unchanged. Fragomen will report on the implementation of other relevant changes.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
