Opposite- and Same-Sex Partners to be Eligible for Dependent Status Under New Visa Category

Chile

Eligible same- or opposite-sex partners will qualify as dependents starting October 21, 2015 if one of the individuals is a Chilean citizen, or a temporary or permanent resident in Chile.  To obtain dependent status, the partner will have to apply under a new visa category called Temporary Residence by Civil Union prior to entry or in Chile.  The visa category will not confer automatic work authorization; the partner will need to apply for a work visa prior to entry or in Chile.

Currently, partners do not qualify as dependents and must therefore apply for their own residence visas, which can take up to four months.

Eligibility Criteria

Same- and opposite-sex partners over the age of 18 whose marriage or union is recognized under their home country’s laws, and partners who obtain their Civil Union Agreement in Chile, are eligible for the new category.

Applications under the new category must include a legalized marriage certificate or Civil Union Agreement translated into Spanish.

What This Means for Foreign Nationals

Same- and opposite-sex partners should benefit from the availability of a visa category which will allow dependency status.  Where one of the foreign nationals is applying for temporary or permanent residence, he or she will need to complete the residence process before the partner may change his or her status to Temporary Residence by Civil Union.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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