Research Directorate, Immigration and Refugee Board of Canada

This Response replaces Response to Information Request ZZZ201620 of July 2023.

1. Overview

Sources indicate that a new law on immigration, Law No. 21,325 on Immigration and Foreigners (Ley 21.325 de Migración y Extranjería), entered into force on 12 February 2022 (EDN Abogados 2022-05-10; EY Chile 2022-02-15; KPMG 2022-02-23, 1). Sources add that Decree No. 296 approving the Regulations Pursuant to New Law No. 21,325 on Immigration and Foreigners (Decreto N° 296 que Aprueba el Reglamento de la Nueva Ley de Migración y Extranjería N° 21.325) also entered into force on 12 February 2022 (EY Chile 2022-02-15; KPMG 2022-02-23, 1).

EDN Abogados, a law firm in Santiago whose practice areas include immigration (EDN Abogados n.d.), states in a 2022 article that the government has yet to "issue the respective regulations and supreme decrees" that allow for the "full application of the regulations," as such "only the declarative parts and the transitory regulations of [Law No. 21,235] are in force," creating a "'legal vacuum'" (2022-05-10). Similarly, Cristián Doña-Reveco, an associate professor of sociology and director of the office of Latino/Latin American studies at the University of Nebraska and associate researcher of social sciences at the Universidad Diego Portales in Chile, writes in an essay published in Mixed Migration Review 2023 of the Danish Refugee Council (DRC) [1], that the new immigration law was "delayed" in its implementation and "full enforcement," as its associated regulations "were only published in February 2022"; as a result, "it remains to be seen what impact it will have on future immigration and immigrant experiences" (Doña-Reveco 2024-04-18).

However, KPMG International Limited (KPMG) [2] indicates that the publication of Decree No. 296 means that "all provisions of the associated regulations of the new law, as well as the new law itself, become effective and immediately applicable" (KMPG 2022-02-23, 1, 6). According to the website of Chile's National Immigration Service (Servicio Nacional de Migraciones, SERMIG), the government has issued additional regulations related to Law 21,325 since 2022, including Decree No. 177 of 2022 which "establishes the immigration subcategories of the Residencia Temporal [Temporary Residence] permit" and Law No. 21,665 of 2024 which amends Law No. 21,325 on "the measure of immediate redirection or return of foreigners who enter the national territory irregularly" (Chile 2024-02-27).

1.1 Features of New Immigration Legislation

In correspondence with the Research Directorate in July 2022, representatives of the Research Division of the Jesuit Migrant Service (Servicio Jesuita a Migrantes – SJM), a Chilean Jesuit organization that promotes the dignity and rights of migrants and refugees in Chile (SJM n.d.), speaking on their own behalf, indicated that on 12 February 2022, when the new immigration law came into effect, "a set of residence permits" and "a new institutional framework" were introduced (Research Division 2022-07-15). KPMG reports that in addition to the new entity responsible for migration and the new migration permit categories, the law introduces "new rights and protections for foreign nationals migrating to Chile" (2022-02-23, 1). According to the Chile office of Ernst & Young (EY Chile), a global company that specializes in assurance, consultation, strategy and transactions, and tax services (EY n.d.), valid residence and work permits that were issued before the new law came into effect "are assimilated into the benefits" it establishes, and that the "ongoing immigration processes" and benefits granted before the law came into force "will not be affected" (2022-02-15). Similarly, Chile's SERMIG website indicates that individuals who had a temporary resident permit prior to the entry into force of the new law will not have their rights "affect[ed]" by it, except in the case where the applicable "change of migration subcategory" produces "greater benefits" for the holder than the preceding legislation did, in which case they may "opt" for the more beneficial equivalent category if they meet its requirements (Chile 2024-08-09).

Migration in Chile is now managed by the SERMIG which is under the Ministry of the Interior and Public Safety (Ministerio del Interior y Seguridad Pública) (KPMG 2022-02-23, 2; Research Division 2022-07-15). The EY Chile article indicates that the SERMIG was created by the new law and is "the only" public service with the authority to "deny the entrance, stay and departure of foreigners, as well as grant, extend, reject, or revoke immigration benefits" (2022-02-15).

An article on the new law by Fragomen, an immigration-focused international law firm (Fragomen n.d.), indicates that this law introduces a reduction in the number of days that visa or temporary permit holders can remain outside of Chile in the previous year of residence, from 180 days to 60 days (2022-02-14). However, the same source adds that the new law "relaxe[s]" limits on permanent residents' ability to remain outside the country without losing their status, from what was previously a one-year limit, to what is now a period of "up to two years" (Fragomen 2022-02-14).

Sources report that since the new law came into effect, foreign nationals entering Chile as tourists can no longer apply for residence status in Chile, which they had been previously able to do (Ius Laboris 2022-05-31; Fragomen 2022-02-14; Research Division 2022-07-15). However, Fragomen also notes that there are exceptions to this restriction, including for foreign nationals with family ties to a Chilean citizen or permanent resident and "other specific exceptions under the national immigration policy or approved by the Ministry of Interior" (2022-02-14). The same source further notes that visa and residence applications submitted prior to 12 February 2022 are not impacted by this change (Fragomen 2022-02-14).

The Fragomen article indicates that the new law introduces "[s]tricter eligibility criteria for permanent residence" (2022-02-14). Amnesty International reports that the new migration law "severely restricts the ability of migrants and individuals seeking protection to regulate their status once in Chile" (2022-03-29, 124). Similarly, in an interview with CIVICUS, a "global alliance of civil society organisations and activists" seeking to strengthen "citizen action and civil society throughout the world" (CIVICUS n.d.), a migration legal advisor at the Chilean Catholic Migration Institute (Instituto Católico Chileno de Migración, INCAMI), an organization that "defend[s] the rights of migrants" in Chile, stated that the new migration law "discourages people from entering" Chile, and "driv[es] those in a regular situation to exhaustion due to eternal waits to obtain documents, lack of communication by migration authorities and bureaucratic centralisation in Santiago" (CIVICUS 2021-11-15). Finally, in their 2024 essay, Doña-Reveco summarizes the dynamics of the new legislation as follows:

The new legislation uses human rights language but expands government power to deport migrants and limit their protections. It promises to respect migrants' rights "regardless of their migration status" yet curtails movement for those without legal status. Equal benefits are assured, but only for immigrants who have been in Chile for over two years. (2024-04-18)

1.2 Haitian Nationals in Chile

According to a 2022 article by Doña-Reveco, before Law No. 21,325 was enacted, Chile's former president, Sebastián Piñera, introduced an executive decree effective April 2018, requiring Haitians to obtain temporary visas from the Chilean consulate in Port-au-Prince prior to entering Chile; either a three-month tourism visa, a family reunification visa, or a sponsored work visa (Doña-Reveco 2022-05-18). According to an article published by MercoPress in 2022, an Uruguay-based news agency focused on "South America, the South Atlantic and insular territories" (MercoPress n.d.), citing a local migrant's rights activist, the requirement of a consular visa from Haitian nationals [translation] "'is ridiculous, because the [Chilean] consulate [in Haiti] has not dealt with visas since the pandemic'" and "'is also closed due to the situation in Haiti'" (2022-01-24). According to the website of the Consular Section of Chile in Port-au-Prince, to begin an application for a family reunification visa to enter Chile, applicants must make an [translation] "appointment with the [UN] International Organization for Migration [IOM] in Haiti," [known as the Chile Visa Application Centre (CAVC)], and "must not submit documents to the Chilean Consulate in Port-au-Prince at any time"; however, for temporary residence visa applications, individuals must apply online through the Online Consular Services (Servicios Consulares en línea) portal of the Ministry of Foreign Affairs (Chile n.d.a). However, the CAVC website states on its homepage, consulted in October 2024, that the "appointment service" at the CAVC "is currently unavailable" (UN n.d.).

A Spanish-language article by the BBC published in 2021 notes that the purpose of the [translation] "'consular visa'" requirement is to "prevent foreigners from entering Chile as tourists and changing their immigration status to seek work" (2021-05-27). According to an article by the Associated Press (AP), "many" Haitians entered Chile with tourist visas prior to the 2018 decree (2021-10-14).

As a result of the 2018 measures, Doña-Reveco indicates in their 2022 article that the number of temporary visas issued to Haitian nationals has decreased from "nearly" 126,000 in 2018 to 37,000 in 2019 and 33,000 in 2020; however, the same source explains that a portion of the number of visas granted in 2018 resulted from a "regularization process" from the same year that granted legal status to 210,000 immigrants, including "many" who had overstayed their visas (2022-05-18). Additionally, the New York Times reports that accessing legal residency in Chile under the administration of President Piñera, who took office in March 2018, "has become much harder," and that between January and July of 2021, 7 percent of all permanent residence permits issued by Chile were granted to Haitians, compared to 20 percent in 2020 (2021-09-30). The migration legal advisor interviewed by CIVICUS noted that testimonies obtained by INCAMI show "numerous rejections [of consular visas applications to Chile] for reasons beyond [the applicants'] control or due to requirements they are unable to comply with" (CIVICUS 2021-11-15). According to Doña-Reveco's 2024 essay, the rate of approval of visas for Haitians coming to Chile is "low" (2024-04-18). In correspondence with Research Directorate, SERMIG's Department of Research (Departamento de Estudios) provided the following table:

Table 1. Number of permanent residence permits granted, between 2021 and 2023, according to country of nationality.

Country of Nationality	2021	2022	2023	Total
Number	%	Number	%	Number	%	Number	%
Venezuela	14,827	70.8%	66,765	71.2%	61,228	53.5%	142,820	62.3%
Peru	1,540	7.3%	3,496	3.7%	8,153	7.1%	13,189	5.8%
Colombia	1,846	8.8%	6,755	7.2%	10,570	9.2%	19,171	8.4%
Haiti	771	3.7%	5,791	6.2%	13,216	11.5%	19,778	8.6%
Bolivia	556	2.7%	4,200	4.5%	9,935	8.7%	14,691	6.4%
Ecuador	205	1%	1,200	1.3%	2,397	2.1%	3,802	1.7%
Argentina	124	0.6%	895	1%	1,889	1.7%	2,908	1.3%
Others	1,087	5.2%	4,724	5%	7,078	6.2%	12,889	5.6%
Total	20,956	100%	93,826	100%	114,466	100%	229,248	100%

(Chile 2024-09-06)

Citing the Under-Secretary of the Interior, the AP reported in 2021 that "almost" 70,000 Haitian nationals were granted permanent residence status in Chile, while another 110,000 still did not have "official documents" (2021-10-14). According to figures provided by the government, the Los Angeles Times (LA Times) indicated in 2021 that "only" 170 Haitians have obtained Chilean citizenship since 2010 (2021-10-01). SERMIG's Department of Research shared the following table of statistics regarding the number of citizenships by naturalization granted between 2021 and 2023, including for Haitian nationals:

[translation]

Table 2. Number of naturalization cards granted, between 2021 and 2023, according to country of nationality.

Country of Nationality	2021	2022	2023	Total
Number	%	Number	%	Number	%	Number	%
Venezuela	401	13.4%	711	34.7%	1,830	59.8%	2,942	36.3%
Colombia	606	20.3%	337	16.4%	459	15%	1,402	17.3%
Peru	484	16.2%	224	10.9%	114	3.7%	822	10.2%
Haiti	88	2.9%	38	1.9%	72	2.4%	198	2.4%
Ecuador	309	10.4%	145	7.1%	106	3.5%	560	6.9%
Bolivia	222	7.4%	103	5%	79	2.6%	404	5%
Dominican Republic	250	8.4%	128	6.2%	105	3.4%	483	6%
Cuba	188	6.3%	105	5.1%	77	2.5%	370	4.6%
Argentina	66	2.2%	35	1.7%	49	1.6%	150	1.9%
Russia	30	1%	18	0.9%	19	0.6%	67	0.8%
Others	340	11.4%	207	10.1%	151	4.9%	698	8.6%
Total	2,984	100%	2,051	100%	3,061	100%	8,096	100%

(Chile 2024-09-06)

For information on the situation and treatment of Haitian nationals in Chile, including access to employment, housing, and social services, see Response to Information Request ZZZ201307 of January 2023.

2. Eligibility for Permanent Residence

According to Immigration Chile, a law firm in Chile that provides consultancy services in fields relating to real estate and residency changes, including immigration and citizenship (Immigration Chile n.d.a), Chile grants permanent residency "exclusively as a follow-up permit" to the temporary residency permit (n.d.b). The same source notes that holders of a valid temporary residency permit may apply for a permanent residence permit "in cases where the migratory subcategory allows it" (Immigration Chile n.d.b). Similarly, SERMIG's website states that it grants permanent residence to foreign nationals who are holders of a temporary resident permit, engaged in "any lawful activity" in Chile, though "only in the cases accepted by the migration subcategory of which they are holders" (Chile 2024-08-09). The same source adds that temporary residence permit holders who applied after 14 May 2022 "must have resided in the country as such for at least 24 months" in order to apply for permanent residence (Chile 2024-08-09, emphasis in original).

Article 70 of Law No. 21,325 provides the following regarding migratory subcategories:

[translation]

Article 70. Subcategories. A supreme decree issued through the Ministry of the Interior and Public Safety, which must be signed by the ministers that make up the Council established in Article 159 and comply with the procedure for review by the General Accounting Office of the Republic [also translated as Government Accountability Office] (Contraloría General de la República), shall define the list of and set the criteria for subcategories of temporary residence. In no case may such supreme decree affect the rights already acquired by holders of temporary residence permits at the date of entry into force thereof. Any change in the conditions of a migratory subcategory that involves greater benefits for foreigners who were previously granted temporary residence will entitle those who meet the requirements established for such category to opt for such category.

In any case, such decree shall cover at least the following situations:

1. Foreigners who can prove that they have family ties with Chileans or permanent residents.
2. Foreigners who enter the country to carry out legal remunerated activities, on their own account or under a relationship of subordination and dependence.
3. Foreigners who settle in the country for the purpose of studying in educational establishments recognized by the State.
4. Seasonal workers who enter the country for limited periods, once or annually, in order to perform specific seasonal work.
5. Foreigners who apply to Chilean consulates abroad to seek employment opportunities, provided they are authorized in accordance with the objectives of the National Policy on Immigration and Foreigners, which must meet the requirements of paragraph 7 of Article 1 of this law.
6. Persons who are subject to the custody of the Gendarmería de Chile, such as those who are effectively serving their custodial sentence by final and enforceable judgment, including those who are on furlough as provided in the regulations of prisons; persons subject to preventive detention; those subject to probation and those who are serving their sentence in accordance with the provisions of Law No. 18,216, which establishes penalties as alternatives to sentences that involve deprivation or restriction of liberty.
7. Those who are in Chile by order of Chilean courts of justice, as long as it is necessary for the judicial proceedings to which they are a party.
8. Foreigners whose residence in Chile is justified for humanitarian reasons.
9. Foreigners granted temporary residence under international agreements ratified by Chile and that are in force.
10. Religious leaders of officially recognized religions.
11. Patients under medical treatment, as long as they can prove that they will pay for the costs of their medical treatment.
12. Retirees and annuitants.
13. Foreigners who are granted temporary residence by virtue of the principle of reciprocity, or who, by virtue of other international treaties, duly ratified by Chile and in force, are entitled to such residence.

The supreme decree mentioned in the first paragraph shall define, for each migratory subcategory, the admissibility of the application for permanent residence, being always admissible in the situations described in numbers 1, 2, 3, 5, 8, 9, 10 and 12 of this article. (Chile 2021a)

Decree No. 296 provides the following on requirements to obtain permanent residence:

[translation]

Article 62.- Individuals with temporary residency may only apply for permanent residency if the immigration subcategory under which they fall so allows, which circumstance shall be defined in accordance with the terms of Article 70 of Law No. 21,325. In such cases, they may apply for and obtain the permanent residency permit even while their temporary residency permit is still valid, provided that they meet the deadline as defined for their respective subcategory.

However, the application for a change of category must be made prior to the deadline for applying for an extension to the residency permit; i.e., no more than ninety and no less than ten days prior to expiration of the current residency permit.

…

Article 65.- Without prejudice to the requirements set out in the supreme decree that establishes the immigration subcategories for temporary residency, to apply for permanent residency, holders of temporary residency permits must have resided in the country with such status for at least twenty-four months.

Applications for permanent residency will require a longer period of residency than that referred to in the preceding paragraph, based on the personal background of the interested party, in the following cases:

…

3.- Absences from the country and their duration, according to the following table.

Range of months of absence	Number of months of residency
2 months of absence or less, continuous or discontinuous	At least 24 months of residency
Over 2 months up to 6 months of absence, continuous or discontinuous	At least 30 months of residency
Over 6 months up to 12 months of absence, continuous or discontinuous	At least 36 months of residency
Over 12 months of absence, continuous or discontinuous	48 months of residency

… (Chile 2021b, bold in original)

SERMIG's website notes that in accordance with article 79 of Law No. 21,325 and article 65 of Decree No. 296, applicants may be required to have resided in Chile as temporary residents for a period longer than 24 months, should the following circumstances be applicable to their situation:

• Insufficient means of livelihood for the applicant and their family group, according to the indicators estimated by the Ministry of Social Development and Family [Ministerio de Desarrollo Social y Familia], to consider that the household income is less than the minimum required to meet the basic needs of its members.
• Labor stability of the applicant, understood as the performance of any lawful economic activity, autonomously or as a dependent, that allows proving income for at least half of the months of [temporary residence] Residencia Temporal in the country.
• Absence from the country and its duration.
• Migration violations.
• Labor, social security, environmental, sanitary, tax, customs or any other violations to the Chilean legal system, and its seriousness. (Chile 2024-08-09)

According to the same source, individuals who submitted applications for a temporary residence permit prior to the entry into force of the Law No. 21,325 will have the "terms of the old legislation" respected when they apply for permanent residence, such as for the migratory subcategories of one-year temporary visa holders or two-year student visa holders, among others (Chile 2024-08-09).

2.1 Eligibility for Temporary and Permanent Residence Based on Family Reunification

According to SERMIG's website, any foreigner who has proof of any of the following relationships with a Chilean citizen or a foreign holder of a permanent residence permit may access a temporary residence permit for family reunification:

• Spouse "or other comparable role that, in accordance with the applicable law, produces effects equivalent to marriage"
• Parent
• Child under the age of 18
• Child with a disability
• Unmarried child under the age of 24 who is a student
• Minor who is "under [the] personal care or guardianship [of the holder of the permanent residence permit]" (Chile 2024-08-17a).

According to SERMIG's Frequently Asked Questions (FAQ) webpage regarding permanent residence, dependents of a temporary residence permit holder may apply for permanent residence "without being subject to the established deadlines, as long as the permit holder has complied with the required period of residence according to the immigration subcategory," and as long as "the permit [they hold] allows" access to applying for permanent residence (Chile n.d.b). Another webpage from the same website states that spouses, civil partners, children, and parents of Chilean citizens or permanent residents can also apply for a permanent residence permit based on these familial relationships (Chile 2024-08-09).

In response to the question of whether a person could apply for permanent residence if they held a temporary residence permit "for a period shorter than 24 months," SERMIG's website states that in accordance with article 79 of Law No. 21,325 and article 66 of Decree No. 296, the period of residency required to apply for permanent residence starts at 12 months under certain circumstances, including if the individual is applying on the basis of a "[f]amily bond with nationals or permanent residents" (Chile 2024-08-09).

Article 66 of Decree No. 296 provides the following regarding conditions for individuals applying to obtain permanent residence under family reunification:

[translation]

Article 66.- The National Director of the Service [SERMIG] may, by well-founded decision or prior application of the interested party, reduce the term of residence required to apply for permanent residence, which in all cases cannot be less than 12 months.

Exercising the aforementioned authority may only occur in the following cases, in relation to the personal circumstances of the interested party.

1. If there are family ties to Chilean nationals or permanent residents. This tie must be proven with original documents, duly notarized or apostilled when appropriate.

In cases which do not involve a family relationship described in the final subsection of article 77 of law No. 21,325, the Service may consider information provided by the applicant referring to an actual tie.

… (Chile 2021b)

3. Requirements and Procedures to Obtain and Maintain Permanent Residence

Sources indicate that to obtain a permanent residence permit, an application must be sent within the "90 days" preceding the end of the validity of the current residence permit (Chile 2024-08-09; Research Division 2022-07-15).

The information in the following paragraphs is available on SERMIG's website:

Applications for permanent residence permits must be made through SERMIG's Online Procedures Portal (Portal de Trámites Digitales), using a a ClaveÚnica [3] or an account "created by the applicant for such purposes." The applicant must also submit the additional documentation through the same portal, using their ClaveÚnica or login account, after they have been "notified by e-mail" that they can proceed to this step; the applicant must their check their inbox in the Online Procedures Portal to find the application titled "Completa antecedentes por ClaveÚnica o cuenta Login" [Complete requirements through ClaveÚnica or Login account]. Within the online application process, all requestors must electronically attach the following documents:

1. Criminal [or judicial] record certificate from country of origin, apostilled or duly legalized and translated, if applicable, and valid (mandatory for those over 18 years old). (*)
2. Scanned image of passport or identity card from country of origin. (*)
3. Scanned image of Chilean Identity Card for foreigners (mandatory for those over 18 years of age). (*)
4. Estampado Electrónico [Electronic Stamp] of the Residencia Temporal [temporary residence] permit or [v]isa stamped in passport or Certificado de Término de Misión [Certificate of Completion of Mission] issued by [the Ministry of Foreign Affairs of Chile (Ministerio de Relaciones Exteriores)] MINREL, as appropriate. (*)
5. Recent photo: (*)
   
   • In color, with a white background.
   • Looking directly at the camera, covering the entire face, with a neutral expression and open eyes.
   • Do not wear accessories such as glasses or a hat.
   • It must be taken on a current date, as close as possible to the time of application.
   • Upload to the platform in JPG or PNG format.

(*) Mandatory documents.

Certificates of "criminal and/or judicial records from the country of origin" are valid for "no more than 90 days from the date of issuance," and documents "issued abroad or by the respective consular representation in Chile must be apostilled or duly legalized, as stipulated in Articles No. 345 and 345 bis of the Código de Procedimiento Civil [Civil Procedure Code]," in addition to requiring translation if they are "in a language other than Spanish or English." Finally, when applicable, requestors will receive "an email notification to pay fees" associated with their permanent residence application after their submission is "reviewed" (Chile 2024-08-09, italics and bold in original).

SERMIG's FAQ webpage specifies that the fee for obtaining permanent residence is $97,978 [Chilean pesos (CLP)] [C$144], from which applicants who are minors and applicants who have a Chilean spouse are exempt (Chile n.d.b). The same source adds that applicants who are successfully granted permanent residence will be notified at the same email address included in their application (Chile n.d.b). Another permanent residence webpage on SERMIG's website notes that an email is also sent to permanent residence applicants following their application submission, which includes a document confirming the application's receipt, titled "Comprobante de Envío Solicitud de Residencia Definitiva" [Proof of Receipt of Application for Permanent Residence] (Chile n.d.c).

The SJM Research Division indicated that while the process of applying for residence permits is governed by Law No. 19,880, which establishes principles, rights, and administrative procedures, officials have "wide margins of discretion" and "the mechanisms for appealing a sanction or impediment to entry are resolved within the same institution," resulting in "a series of practices that arbitrarily hinder access to residence permits, which has generated a process of irregularity through the abuse of the powers" permitted by the law (Research Division 2022-07-15). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1 Requirements and Procedures to Obtain and Maintain Permanent Residence Based on Family Reunification

The information in the following paragraphs is available on SERMIG's website:

For those applying on the basis of family ties to a Chilean citizen or permanent resident, the following documents are additionally required in attachment to the online application for permanent residence:

• If spouse:
  
  • Marriage [c]ertificate. (*)
  • Spouse's birth certificate. (*)
• If you are a child:
  
  • Birth [c]ertificate of the applicant containing their personal data and that of the parent. (*)
• If you are a parent:
  
  • Birth [c]ertificate of the child containing their personal data and those of the parent. (*)
• If you are a civil partner:
  
  • Civil partnership certificate. (*)
  • Birth [c]ertificate of the civil partner. (*)

(*) Mandatory documents.

For applicants who are economically dependent on their spouse, parents, children or others, an "[a]ffidavit of expenses signed by the family [income] provider(s) before a notary" as well as a document showing the income of the person(s) financially supporting the applicant are required (Chile 2024-08-09, bold in original).

3.1.1 Requirements and Procedures to Obtain Temporary Residence Based on Family Reunification

The information in the following paragraphs is available on SERMIG's website:

Individuals can apply for temporary residence permits under family reunification through SERMIG's Online Procedures Portal by logging in with their ClaveÚnica or their own online account and choosing between "Solicitud de Residencias Temporales para extranjeros fuera de Chile" [Application for Temporary Residence for foreigners outside Chile] if applying from abroad, or "Solicitud de Residencias Temporales para extranjeros dentro de Chile" [Application for Temporary Residency for foreigners in Chile] for those applying from within the country. The following documents are required by those applying for a temporary residence permit on the basis of their ties to a permanent resident of Chile:

Parent of [permanent] resident

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or that in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the holder of the Residencia Definitiva [permanent residence].
4. Recent photo …

[Permanent resident's] child

Child under 18 years of age under the care of the holder:

1. Passport or identification document.
2. Birth certificate of the applicant.
3. Recent photo …
4. Certificado de cuidado (document that certifies guardianship) issued by the parent.

Single child over 18 and under 24 years old who is studying:

1. Passport or identification document.
2. Criminal record certificate or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the applicant.
4. Recent photo …
5. Certificado de matrícula (Certificate of enrollment) or Certificado de alumno regular (Regular student certificate) issued by a Chilean educational establishment, recognized by the State.

Child with [a] disability:

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the applicant.
4. Recent photo …
5. Application within Chile:
   - Certificate of Registration in the National Disability Registry … [Registro Nacional de la Discapacidad, (RND)] issued by the Registro Civil.
   Application abroad:
   - Certificate issued by the competent official institution of the country of origin, duly legalized or apostilled, as appropriate.

Minor under the care of the holder:

1. Passport or identification document.
2. Applicant's birth certificate.
3. Recent photo …
4. Certificado de cuidado (document that certifies guardianship) signed before a public notary if issued in Chile or duly apostilled or legalized if issued abroad.
5. Certificate stating the guardianship or custody in favor of the holder of the Residencia Definitiva.

[Permanent resident's] spouse

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or that in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Recent photo …
4. Marriage Certificate between the applicant and the holder of the Residencia Definitiva.

Civil Union with [permanent] resident

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Recent photo …
4. Certificate of civil union between the applicant and the holder of the Residencia Definitiva.

For those applying for temporary residence on the basis of their family tie to a Chilean citizen, the following documents are required:

Parent of a Chilean citizen

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or that in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the Chilean child issued by the Servicio de Registro Civil e Identificación (Civil Registry and Identification Service).
4. Recent photo …

Child of a Chilean citizen

Child under 18 years of age:

1. Passport or identification document.
2. Birth certificate of the applicant.
3. Recent photo …
4. Certificado de cuidado (document that certifies guardianship) signed before a public notary if issued in Chile or duly apostilled or legalized if issued abroad.

Single child over 18 and under 24 years old who is studying:

1. Passport or identification document.
2. Birth certificate of the applicant.
3. Recent photo …
4. Certificado de matrícula (Certificate of enrollment) or Certificado de alumno regular (Regular Student certificate) issued by a Chilean educational establishment, recognized by the State.

Child with [a] disability:

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the applicant.
4. Recent photo …
5. Application within Chile:
   - Certificate of Registration in the National Disability Registry … (RND) issued by the Registro Civil.
   Application abroad:
   - Certificate issued by the competent official institution of the country of origin, duly legalized or apostilled, as appropriate.

…

Minor under the care of a Chilean citizen:

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or that in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Birth certificate of the applicant.
4. Recent photo …
5. Certificado de cuidado (document that certifies guardianship) signed before a public notary if issued in Chile or duly apostilled or legalized if issued abroad.
6. Certificate of guardianship or custody in favor of the Chilean.

Spouse of [a] Chilean citizen:

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Recent photo …
4. Marriage [c]ertificate between the applicant and the Chilean citizen.

Civil Union with a Chilean citizen:

1. Passport or identification document.
2. Certificate of criminal record or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicant over 18 years old).
3. Recent photo …
4. Certificate of [c]ivil [u]nion between the applicant and the Chilean citizen. (Chile 2024-08-17a, italics and bold in original)

3.2 Requirements and Procedures to Obtain and Maintain Permanent Residence Based on Other Migratory Subcategories

The information in the following paragraphs is available on SERMIG website:

For those applying on the basis of an "activity performed, income and/or livelihood," the following documents are required:

• If you have an employment contract:
  
  • Copy of the current contract signed before a public notary (*).
  • Certificado de vigencia del contrato [Certificate of validity of the contract], signed before a public notary (*).
  • Certificado histórico de cotizaciones de AFP [Certificate of history of pension contributions to AFP [4]] (*).
  • Certificado histórico de cotizaciones de salud [Certificate of history of health contributions] (*).
• If you work on a fee basis or are self-employed (2nd category):
  
  • Copy of inicio de actividades [commencement of activities] (*).
  • Declaración de impuesto a la renta [Income tax declaration] (Optional).
  • Copy of the current contract signed before a public notary (*).

…

(*) Mandatory documents. (Chile 2024-08-09, bold and italics in original)

4. Reported Cases of Haitian Nationals Applying for Residence in Chile

The LA Times indicates that, when applying for residence, Haitian nationals must submit "hard-to-get police clearances" proving that the applicant does not have a criminal record (2021-10-01). The AP reports that it would take "months at best" for Haitian nationals to obtain proof of a "Haitian government background check" (2021-10-14). According to the migration legal advisor at INCAMI, under the "current political, social and health context" in Haiti, obtaining a "criminal record certificate" from the Haitian government is "almost impossible," and as a result, "many people are unable to submit it within the established deadlines" (CIVICUS 2021-11-15). According to the website of the Embassy of Haiti in Chile, a criminal record is [translation] "not an administrative act, but a judicial act, which traces the 'life' or 'judicial past' of a citizen"; Haitian criminal records are issued by Haiti's Central Directorate of the Judicial Police (Direction centrale de la police judiciaire, DCPJ) and must be legalized by its consular services at the embassy at a cost of US$20 (Haiti n.d.). Immigration, Refugees and Citizenship Canada (IRCC) write on their webpage about Haitian nationals seeking a police certificate that if they live in Haiti, they must apply in person at DCPJ on Toussaint Louverture Boulevard in Port-au-Prince, and if they live outside of Haiti, a "friend or family member in Haiti can apply on [their] behalf" at the DCPJ (Canada 2024-08-28).

Additionally, an article by the Wall Street Journal (WSJ) reports that Haitians in Chile who lost their jobs during the COVID-19 pandemic were required to have an employment contract in order to be eligible for their visa renewal under the "more rigid" legal residency requirements put in place since 2018 (2021-12-17). Without a valid residency visa, the WSJ notes that "[m]any" cannot "renew their national identity cards, essential for everything from renting an apartment to opening a bank account" (2021-12-17).

According to an interview conducted by the AP with a Haitian national residing in Chile, whose child is a Chilean citizen and who was laid off in July 2021, it is "impossible to comply" with requirements for the regularization of their residency status under the latest requirements; the Haitian national has been trying to update their residency status for two years and is "only about halfway through the process" (2021-10-14). The same interviewee said that this is due to both his inability to "get a new job without a valid identity card" and to "get his card renewed without an employment contract" (AP 2021-10-14).

According to data collected from the IOM and cited by Human Rights Watch, from 19 September 2021 to 14 February 2022, 2,300 children born abroad to Haitian parents, "about" 1,600 of which were born in Chile, were "returned" to Haiti by the US government (Human Rights Watch 2022-03-24). Sources report that Haitians leaving Chile for the US indicated that they were motivated by the difficulties of "regulariz[ing] their immigration status" (Amnesty International 2021-10-28, 7) or to obtain "legal papers" (Human Rights Watch 2022-03-24).

5. Rights and Obligations of Permanent Residents

Law No. 21,325 includes the following provisions regarding freedom from discrimination and additional protections for certain groups of migrants:

[translation]

Article 13. Equality of rights and obligations. The State shall guarantee, with respect to all foreigners, equality in the exercise of rights, without prejudice to the requirements and sanctions established by law for certain cases.

Likewise, the State shall promote due protection against discrimination and shall ensure compliance with the obligations enshrined in the Political Constitution of the Republic, in the human rights treaties ratified by Chile that are in force, and in legislation, regardless of ethnicity, nationality or language, in accordance with the provisions of Article 1, numeral 7.

All foreigners applying for entry or a residence permit in the country shall be assured a rational and fair procedure for the approval or rejection of their application, which shall be carried out under non-discriminatory admission criteria.

Foreigners who are affected by an action or omission that amounts to arbitrary discrimination may file the corresponding actions, according to the nature of the right affected.

The State shall promote respect for and protection of foreign women, regardless of their migratory status, so that at all stages of their migratory process they are not discriminated against or subject to abuse because of their gender. Migrant women shall have access to all institutions and mechanisms that protect their welfare. Pregnant women and victims of human trafficking, gender-based or domestic violence, or migrant smuggling will have special treatment by the State. By virtue of the foregoing, the National Migration Service may issue a visa to regulate their stay, according to well-founded background information requested from the competent agencies. (Chile 2021a)

The same law provides the following on migrants' access to labour, health care, social security, education, family reunification, and due process:

[translation]

Article 14. Labour rights. Foreigners shall enjoy the same labour rights as Chileans, without prejudice to the requirements and sanctions established by law for certain cases.

All employers must comply with their legal obligations in labour matters, notwithstanding the irregular migratory status of the foreigner hired. The above, notwithstanding the sanctions that, in any case, the Labour Inspectorate is authorized to impose.

Article 15. Right to access to health care. Resident foreigners or foreigners in irregular migratory condition, whether in their capacity as [status] holders or dependents, shall have access to health care in accordance with the requirements established by the health authority, under conditions equal to those for nationals.

All foreigners will be subject to health measures established under the Sanitary Code for the safeguarding of public health, the same as nationals.

Article 16. Access to social security and tax benefits. Foreigners may have access to social security benefits and tax benefits under the same conditions as nationals, provided that they comply with the requirements established by the laws regulating such matters, and with the provisions of the following paragraph.

With respect to those non-contributory social security allowances and benefits financed entirely with fiscal resources, involving direct monetary transfers, for which no access requirements involving a certain minimum stay in the country are established directly or indirectly, it will be understood that only those residents, whether [status] holders or dependents, who have been in Chile in such capacity for a minimum period of twenty-four months will be entitled to them.

Notwithstanding the provisions of the preceding paragraph, for well-founded humanitarian reasons or health emergencies decreed under Article 36 of the Sanitary Code, the twenty-four-month period indicated in the preceding paragraph may be omitted.

…

The restrictions established in this article do not apply to children and adolescents who are in the care of their father, mother, guardian or person in charge of the personal care of a minor under 18 years of age, who will have access to the same benefits, as soon as they enter the country, under the same conditions as nationals, regardless of the immigration status of the adults on whom they depend.

Article 17. Access to education. The State shall guarantee access to preschool, elementary and secondary education to foreign minors established in Chile, under the same conditions as nationals. Such right may not be denied or limited because of their irregular migratory status or that of either parent or of whoever has the care of the child or adolescent. The residency requirement established in the second paragraph of Article 16 does not apply to applicants for social security benefits financed entirely with fiscal resources, involving direct monetary transfers, in relation to scholarships or bonuses for students in primary and secondary education.

Foreigners may access higher education institutions under the same conditions as nationals. Likewise, they will be eligible for free university tuition, in accordance with the provisions of Article 103 (a) of Law No. 21,091, on Higher Education, and subject to compliance with the other legal requirements.

Educational institutions that receive state contributions must have available to interested parties the information necessary to exercise the rights established in the preceding paragraphs.

Article 18. Right of access to own housing. Foreigners holding permanent residency shall enjoy the same rights regarding their own housing as nationals, provided they meet the other legal requirements.

Article 19. Family reunification. Residents may apply for family reunification with their spouse or with a person with whom they maintain a relationship that, in accordance with applicable law, is effectively equivalent to marriage, with parents, minor children, children with disabilities, unmarried children under 24 years of age who are students and minors who are under their personal care or guardianship, and the State shall promote the protection of family unity.

Applications for family reunification of children and adolescents with resident aliens will be processed with priority.

Article 20. Sending and receiving remittances. Foreigners have the right to transfer their income and savings obtained in Chile to any other country, as well as to receive money or goods from abroad, in accordance with the conditions and procedures established in the applicable legislation and international agreements that are ratified by Chile and in force.

The State shall take appropriate measures to facilitate such transfers.

Article 21. Due process. The State shall ensure that foreigners have equal protection of the rights established by law, the Political Constitution of the Republic and the international treaties on human rights ratified by Chile and in force. In particular, it shall ensure a rational and fair procedure and investigation for the establishment of the sanctions contained in this law, in accordance with the rights and guarantees conferred by the Political Constitution of the Republic, with special consideration to the provisions of Article 19 number 3, and shall provide the necessary means to grant legal advice and defence to those foreigners who cannot procure them by themselves, and the international treaties subscribed by the State and that are in force. (Chile 2021a)

In the CIVICUS interview, INCAMI's migration legal advisor stated that Law No. 21,325 "enshrines some rights, such as the rights to health, education, family reunification and work" (CIVICUS 2021-11-15). Doña-Reveco indicates in their 2022 article that the new law "guarantees equal access to social security and other benefits" to "immigrants who have resided in Chile for at least two years" (2022-05-18). Chile's SERMIG website indicates that holders of a temporary residence permit for family reunification may carry out paid legal work "except for the limitations established by the Código del Trabajo (Labor Code) regarding the employment of minors" (Chile 2024-08-17a).

Another article by Doña-Reveco published in 2021 indicates that "only foreign-born people who are 'legally' within the Chilean territory have the right to freedom of movement and freedom of residency" under the new law (2021-05). The same article notes that "only those with a permanent residency permit have the same housing rights as nationals" (Doña-Reveco 2021-05). The new National Policy on Immigration and Foreigners (Política Nacional de Migración y Extranjería, PNME) published by Chile's Ministry of the Interior and Public Safety indicates that while there are no [translation] "specific regulations" on housing for migrants in Chile, the Ministry of Housing and Urban Planning (Ministerio de Vivienda y Urbanismo, MINVU) provides "housing and urban programs based on the principle of equality and non-discrimination" (Chile [2024-01-25], 41).

Regarding the right to access health care, Chile's Under-Secretary of the Interior stated to the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, that "any person entering Chile, regardless of their migratory status, had a right to receive healthcare, including access to COVID-19 tests and care" (UN 2021-04-09).

In response to the question of the "status of children born to migrants who had entered irregularly or to transient visitors" posed by the same UN committee, Chile's Under-Secretary of the Interior further responded that "any child born in Chile was Chilean, including all children born to migrants" and that the "'transient' status" used by authorities in the past is no longer used, in addition to the "references to such status" having been "stricken from over 2,000 birth registries" (UN 2021-04-09).

Decree No. 296 includes the following provisions regarding migrants' rights to transparency and public information, and their ability to appeal decisions that violate those rights:

[translation]

Article 7.- Without prejudice to the general standards in transparency and access to public information, all foreign nationals who consider that their full, timely and effective access to information has been affected by the immigration authority, may file a complaint with the National Director of the National Immigration Service, within five working days, effective the day of the action or omission that deprived the party of the information requested in order to remedy the behaviour. If any public consular employee abroad fails in their duty to inform, the complaint must be filed at the respective consulate.

In order to be eligible, this complaint must comply with the requirements set out in article 30 of the law No. 19,880.

If the complaint is lodged by a legal representative, they must comply with the formalities set out under article 22 of the same legal text.

Once the complaint is declared eligible, the National Director of the Service, or the consul as the case may be, must make their reply within 10 working days. Failure to act can result in recourse as set out in the law No. 19,880.

If the situation at issue is an action or an omission by an agent of another public agency, the matter will be referred ex officio by the Service to the corresponding entity. (Chile 2021b, bold in original)

Regarding the right to enter and exit the county for residence permit holders, the same decree provides the following:

[translation]

Article 9.- Holders of a valid residence permit will not require prior authorization or a visa to enter the country.

…

Article 47.- There is no limit to the number of entries to and departures from the country by foreign national residents as long as they hold a valid residence permit, and all the requirements are satisfied as set out in law No. 21,325 and these regulations. (Chile 2021b, bold in original)

Regarding the obligation to obtain identity documents, Decree No. 296 provides the following:

[translation]

Article 49.- Temporary and permanent residents must apply for an identity card at the Civil Registry and Identification Service within thirty days of the entry-in-force date on their residence permit.

Any residence or stay permit will be implicitly revoked when the foreign national obtains a new immigration permit. Without prejudice to the implicit nature of the revocation, this shall be stated on the new permit and will also be noted at the National Foreigner Registry (Registro Nacional de Extranjeros). (Chile 2021b, bold in original)

6. Circumstances Leading to the Loss of Permanent Residence or Denial of Application

Law No. 21,325 indicates the following regarding the revocation of residence permits:

[translation]

Article 89.- Mandatory revocation. The residencies or stays of those who:

1. Fall under any of the prohibitions provided for in Article 32, with the exception of its numeral 2.
2. Make false or adulterated declarations or present false or adulterated documentation to obtain a migratory benefit for themselves or for another. (Chile 2021a)

Article 32 on the prohibitions of entry into Chile from the same law provides the following:

[translation]

Article 32.- Imperative prohibitions. Entry into the country shall be prohibited to foreigners who:

1. Have been convicted, are being prosecuted, indicted, charged, accused or judicially persecuted abroad, for belonging to or financing terrorist movements or groups or are registered with the International Criminal Police Organization (INTERPOL), or the organization that replaces or succeeds it for any of the facts indicated above. This prohibition shall also apply to those persons who carry out or have carried out acts that Chilean law classifies as crimes against foreign security, national sovereignty or internal security.
2. They suffer from diseases that the health authority determines to constitute grounds for preventing entry into Chile, in accordance with the rules established in the Health Code (Código Sanitario). The list of diseases shall be established by a previously published exempt resolution.
3. Attempt to enter or leave the country, or have entered or left the country through an unauthorized crossing point, evading immigration control or using forged, falsified or falsified documents or documents issued in the name of another person within the previous five years.
4. They have on record a decision prohibiting entry or a final and enforceable abandonment or expulsion order, and which is in force, whether administrative or judicial, until the measure is revoked or expires.
5. Have been convicted in Chile or abroad, or are in judicial proceedings pending abroad, as reported by the International Criminal Police Organization (INTERPOL) or by justice agencies with which Chile has agreements, for the crimes of illicit drug or arms trafficking, money laundering, smuggling of migrants or trafficking in persons, trafficking in persons in accordance with the provisions of article 411 quater, second paragraph of the Penal Code, crimes against humanity, genocide, torture, terrorism, homicide, femicide, parricide, infanticide, kidnapping, abduction or kidnapping of minors in accordance with the provisions of article 141, fifth paragraph and final paragraph of the Penal Code, robbery with intimidation or violence, robbery with homicide and robbery with rape; the commercialization, production, import, export, distribution, dissemination, acquisition, storage or exhibition of pornographic material, whatever its medium, where minors are used; those contemplated in paragraphs V and VI of Title VII and in articles 395, 396 and 397 numeral 1, all of Book II of the Penal Code.
6. Have been sentenced in Chile for a grave felony (crimen) or less grave felony (simple delito), whose sentence is not prescribed or has not been effectively served, with the exception of those cases in which they must re-enter the country in order to serve their sentence.
7. Have been sanctioned with entry or transit prohibition measures by a resolution of the United Nations Security Council.
8. Do not comply with the entry requirements established in this law and its regulations and in the respective decrees that establish the migratory categories.
9. Have contravened fundamental norms of international law, or are prosecuted or convicted by the International Criminal Court. (Chile 2021a)

Decree No. 296 provides the following on revocation of permanent residence:

[translation]

Article 69.- Permanent residency shall be tacitly revoked when the holder is absent from the country for a continuous period of more than two years, unless the party concerned requests an extension to that period from the respective Chilean consulate within the sixty days prior to expiry of that period. Such an extension shall be granted once only and shall be valid for two years.

The Consulate shall inform the Service, through the Ministry of Foreign Affairs, within a maximum of thirty working days, of the fact that this extension has been requested, in order that such action might be recorded in the National Foreigner Registry.

Foreign spouses of members of the Chilean diplomatic or consular service who have permanent residency, as well as their minor children, shall not be subject to the tacit revocation referred to in the preceding paragraph for the duration of the respective mission. If the mission has ended, the marital relationship has been dissolved, or the age of majority has been reached, as applicable, the general rule shall apply.

However, notwithstanding the tacit nature of this revocation, the result of which is that the mere passage of the period indicated in the preceding paragraph is sufficient to deem the permanent residency permit terminated by the sole authority of the law, the Service must, as promptly as possible, issue a resolution confirming such revocation, which must be included in the National Foreigner Registry, without prejudice to the appropriate referral to the Ministry of Foreign Affairs and the Investigative Police of Chile. (Chile 2021b, bold in original)

The same source provides the following on expulsion of foreigners who hold a residence permit:

[translation]

Article 136.- Expulsions of foreigners holding a residency permit may only take place when any of the following grounds are verified:

1.- Entry into the country when any of the following prohibitions against entry is in effect with respect to them:

1. They have been convicted of or are on trial, charged, accused or judicially prosecuted abroad for belonging to or financing terrorist movements or groups, or are registered with the International Criminal Police Organization (INTERPOL) or such organization as replaces or succeeds it, for any of the aforementioned acts. This also applies to persons who execute or have executed acts that Chilean laws classify as offences against foreign security, national sovereignty or domestic security.
2. They do not meet the entry requirements established in Law No. 21,325, these regulations, and in the respective decrees establishing the immigration categories.

…

3.- Failure to comply with an order to leave the country, as indicated in paragraph six of Title Three of these regulations, within the term established by resolution of the National Director of the Service.

4.- Remaining in Chile despite expiration of their residency permit without having applied for its renewal within nine months of such expiration.

Thus, if nine months have transpired since expiration of the residency permit and the party concerned has not applied for its renewal, expulsion from the national territory may be ordered, unless such omission of the renewal process is a direct consequence of a fortuitous event or force majeure, which must be asserted at the time of filing the arguments referred to in Article 132 of Law No. 21,325, and in the special challenge provided for in Article 142 of the same legal text.

…

Article 141.- When initiating the process of expelling a foreign citizen, the Service shall issue an administrative act notifying the party concerned that they have ten working days from notification to present their arguments regarding the grounds for expulsion invoked.

This notification must be given in person and must contain, in addition to indicating the grounds for the possible expulsion, the factual and legal background supporting it, as appropriate in each case.

This notification procedure shall not be necessary when the procedure contained in Articles 87 or 89 of these regulations has taken place with respect to the person in question.

Regardless of the manner in which the foreigner in question is notified, they must be informed at the same time that, if the expulsion measure is applied, they may, in accordance with the applicable legislation, appoint a representative to represent them in the national territory for defence of their labour and social security rights, as well as for the fulfillment of their outstanding obligations.

Article 142.- Upon expiration of the term granted to the affected party to present their arguments, the National or Regional Director, as applicable, shall proceed to issue the substantiated ruling referred to in Article 140 of these regulations. The appeals governed by paragraph two of Title Seven of these regulations may be filed against such administrative act.

Article 143.- If the aforementioned appeals are not filed, or if they have been filed and dismissed, the ruling that provides for the expulsion shall be considered final and enforceable. From that moment on, the party concerned may be subjected to restrictions and deprivation of liberty, with the sole purpose of enforcing the expulsion.

Deprivation of liberty may not exceed a maximum period of forty-eight hours, and may only be carried out in the home of the person concerned or in police premises specially equipped for this purpose, with separation between men and women and with separation from facilities for persons detained for other legal reasons. [Such premises] must comply with health, hygiene and habitability standards that ensure dignified treatment and that guarantee [individuals'] physical and psychological integrity, such that these premises for temporary deprivation of liberty have adequate and decent conditions.

The supervisory authority may retain any travel document of a foreigner for the purpose of enforcing an expulsion order against them.

In no case shall these restrictions and deprivation of liberty be applied to children or adolescents. (Chile 2021b, bold in original)

According to the FAQ page of SERMIG's website, permanent residence status "will be tacitly revoked" for holders "upon being out of the country for a continuous term of more than two years, unless the interested party requests its extension from the respective Chilean consulate, within a term of sixty days prior to the expiration of this term" (Chile n.d.b). The same source adds that such an extension "must be requested sixty days" before the current term's expiry and can be granted "only once" with a validity period of two years (Chile n.d.b).

6.1 Irregular Entries and Deportations

According to data obtained from SJM and modeled in the Spanish-language BBC article published in May 2021, the period from 2018 until January 2021 accounts for 79 percent of all [translation] "irregular entries" into Chile that had occurred since 2010 (BBC 2021-05-27). The same source adds that while in the past, only migrants who were subject to a criminal complaint faced [translation] "administrative expulsion" from Chile, starting on 20 April 2021, migrants entering Chile "illegally" also began to face expulsion (BBC 2021-05-27). Chile's Under-Secretary of the Interior explained to the UN that in total, there were now "three scenarios that led to expulsions," namely as a result of "court rulings, administrative proceedings, or when a foreign national had entered Chile through irregular border crossings" (UN 2021-04-09).

Sources report that beginning in 2018, the Chilean government, through a state program, "return[ed] mostly Haitian immigrants" to their country (Doña-Reveco 2022-05-18) or facilitated "voluntary return for Haitians" to Haiti (LA Times 2021-10-01). Doña-Reveco notes in their 2022 article that under the "Humanitarian Plan of Orderly Return" (Plan Humanitario de Retorno Ordenado), migrants were required to "sign affidavits that they would not come back to Chile for nine years," a requirement that was later struck down by the Chilean Supreme Court (Doña-Reveco 2022-05-18). However, according to sources, the program had already overseen the "voluntary repatriation of more than 1,200 Haitians" (US 2021-03-30, 8–9) or the "return" of 1,384 Haitians on nine flights to Haiti (LA Times 2021-10-01).

6.2 Possibility of Acquiring Status if Revoked or Denied

The SJM Research Division noted that in the case of the revocation of a residence or permanence permit, "the reasons and grounds on which said decision is based will be communicated to the affected party" through the email address registered with SERMIG or, in cases of technical difficulty with email, through a certified letter sent to the last address on file with SERMIG (Research Division 2022-07-15). The same source indicated that the notification "will contain a full copy" of the act with the grounds indicated and the revocation "will be understood" to be effective as of the third day after the email was sent or the third day from the date of the receipt of the letter at the post office (Research Division 2022-07-15). The Research Division further stated that, once notified, the affected individual has a period of ten business days to "submit their defenses regarding the cause" that was invoked for the revocation, after which the SERMIG will resolve the case in the manner indicated in article 86 of Law No. 21,325 (2022-07-15). Chile's Under-Secretary of the Interior stated to the UN that possible grounds for appeal "taken into consideration by the State," include "family ties and being accompanied by children" as "Chile did not expel foreign nationals who had entered the country irregularly if they were accompanied by children or adolescents" (UN 2021-04-09).

For its part, SERMIG's webpage on the process to file an administrative appeal (Recurso Administrativo de Residencia Definitiva) against a rejected permanent residence application states that applicants have the option of doing so "only once," and that there must be "new documents to support" the appeal (Chile 2024-09-30). The webpage adds that applicants have five days from the date of notification of the rejection to file the appeal from within Chile through SERMIG's Online Procedures Portal, using their ClaveÚnica or login account (Chile 2024-09-30). SERMIG further lists the following requirements for filing an administrative appeal:

1. You must submit it within the legal deadline stipulated for such purposes.
2. Comply with the formal requirements to do so. It is noted that in the event that the appeal is filed by a third party, the applicant must certify sufficient power of attorney to support such petition.
3. Attach documents and/or additional information to support your claim.
4. Not have any impediment to apply for Residencia Definitiva [permanent residence] permit (current expulsion, having previously submitted an application for reconsideración de rechazo (reconsideration of refusal) of Residencia Definitiva permit on the same resolution, prohibition of entry into the current country). (Chile 2024-09-30, emphasis in original)

Finally, the SERMIG website indicates that the appeal "must contain the provisions of Article 30 of Law No. 19.880 of 2003, which establishes the Bases of the Administrative Procedures that govern the acts of the Public Administration Bodies in Chile," which are as follows:

1. Name and surname of the interested person or, if applicable, of [their] representative, as well as the identification of the preferred means or the place indicated, for the purposes of notifications (email).
2. Facts, reasons, and petitions in which the application consists.
3. Place and date.
4. Signature of the applicant or certification of the authenticity of [their] will expressed by any authorized means.
5. Administrative body to which it is addressed. (Chile 2024-09-30, bold in original)

According to Chile's PNME, individuals who have [translation] "lost permanent residence by tacit revocation" are among those who "may exceptionally" be granted permanent residence by way of a resolution from the Ministry of the Interior and Public Safety, based on humanitarian reasons or on an individual's "contribution" to Chile's "social, cultural, artistic, scientific and/or sporting domains" (Chile [2024-01-25], 16).

Additionally, SERMIG's website states that former holders of a permanent residence permit whose status was "tacitly revoked" under article 83 of Law No. 21,325 [or article 69 of Decree No. 296] can apply for a temporary residence permit, under migratory subcategory 12, "from outside Chile, by logging in with the [SERMIG] account created by the applicant for these purposes or with ClaveÚnica" in SERMIG's Online Procedures Portal (Chile 2024-08-17b). Additionally, the same source states that a dependent of the holder of this migratory subcategory may "be granted a Residencia Temporal [temporary residence] permit as a dependent of the holder," should the dependent's circumstance fall under "paragraphs 1 and 2 of Article 74 of Law No. 21.325" [5] (Chile 2024-08-17b, italics and bold in original). The documents required for a temporary residence permit application submitted on the basis of being a former holder of a permanent residence permit are as follows:

1. Passport or Identification document.
2. Criminal record certificate or equivalent document issued by the competent authority of their country of origin or the country in which they have resided in the last 5 years (required [of] applicants over 18 years old).
3. Recent photo …
4. Documents certifying the economic support that allows them to meet at least their basic needs during their residence in the country, according to the parameters estimated by the Ministry of Social Development and Family. (Chile 2023-08-17b)

The same source adds the following instructions regarding the required documents:

• The passport must be valid for at least one year as from the application date (for applications submitted abroad).
• Documents issued in any language other than Spanish and English must be submitted together with their respective translation, which must be authorized by a certified body.
• All documents issued abroad or by the respective consular representation in Chile must be apostilled or duly legalized, as stipulated in Articles 345 and 345 bis of the Código de Procedimiento Civil (Code of Civil Procedure).
• Documents issued by private parties must be submitted within 30 days from the date of issuance. Those issued by public institutions and agencies must be presented within 60 days from the date of issuance unless the validity of the document is expressly stated. (Chile 2024-08-17b, emphasis in original)

7. Possibility of Extending Status if Expired

Decree No. 296 provides the following on the extension of residence permits:

[translation]

Article 70.- Requests to extend a residency permit shall be made to the Service no more than ninety and no fewer than ten days prior to expiration of the current residency permit held by the interested party.

The request for extension of the residency permit is subject to the payment of fees, without prejudice to the exceptional authority of the National Director of the Service to order the reduction of such fees, as provided for in Article 48 of these regulations.

Article 71.- Residents whose permits have already expired may also request their extension within the nine months following their expiration, and must in all cases pay the corresponding fines and adhere to the following rules:

1. If the request for extension is made within 180 calendar days after expiration of the residency permit, the interested party shall be fined between 0.25 and 5 Monthly Tax Units (Unidades Tributarias Mensuales [UTM]) [6].
2. If the request for extension is filed more than 180 calendar days after expiration of the residency permit and before nine months have elapsed, the party concerned shall be fined between 5 and 10 Monthly Tax Units (UTMs).
3. Notwithstanding the provisions of letters a) and b) above, residents who leave the country within thirty calendar days following the expiration date of their respective permits shall not be penalized.
4. The fine referred to in paragraphs a) and b) of this article shall be administratively ordered by the Service when the extension request is accepted for processing. Failure by the party concerned to comply with this financial penalty will prevent the Service from favourably ruling on the request for extension of the residency permit.
5. If nine months have elapsed following expiration of the residency permit and the party concerned has not applied for its renewal, expulsion from the national territory may be ordered, unless the failure to conduct the renewal procedure is a direct consequence of a fortuitous event or force majeure, which must be asserted at the time of filing the arguments provided for in Article 132 of Law No. 21,325.

Article 72.- The Service may order application of the written reprimand penalty at any time, with respect to the extensions requested in accordance with the preceding article by persons with insufficient financial means for supporting themselves and their family group, as determined in accordance with the provisions of No. 1 of paragraph two of Article 79 of Law No. 21,325. (Chile 2021b, bold in original)

In correspondence with the Research Directorate in 2022, a representative of the Consulate of Chile in Vancouver indicated that in accordance with the new immigration law, "within sixty days prior to the expiration of two years from the date of the last departure from Chile," an individual can renew the validity of a permanent residence certificate one time through their consulate (Chile 2022-07-01). The same source noted that to renew the validity of a permanent residence certificate, the following documents must be submitted to the consulate by express post:

• An application form
• A copy of the applicant's passport (identification page and the page with a stamp of their last departure from Chile)
• Copies of the applicant's Chilean identity card
• A copy of the applicant's certificate of "definitive permanence"
• A copy of the previous extension, if applicable
• A brief letter, addressed to the Consulate General of Chile in Vancouver, requesting an extension for reasons related to work, family, health, etc.
• A bank draft to the order of the Consulate General of Chile, for US$75
• An express post envelope from Canada Post with the applicant's name and address on it to send back the renewal certificate (Chile 2022-07-01).

The Consulate Representative stated that if the documents arrive after the date of the permanent residence revalidation, the application will not be processed (Chile 2022-07-01).

The SJM Research Division indicated that "[a]ll temporary residence permits can be extended; however, tourism permits do not allow a change of immigration category" (Research Division 2022-07-15).

The same source noted that if a residence permit was lost due to a sanction, this can be appealed through the mechanisms provided in Law No. 19,880 and through mechanisms specified in Law No. 21,325 (Research Division 2022-07-15).

7.1 Reported Cases of Haitian Nationals Reacquiring Residency Status in Chile

The WSJ reported in December 2021 that Chile "declined for now to accept" deportation flights of Haitians turned away from the US, even though "[m]ost of those who made the trip [to the US] had been living in Chile or Brazil" previously, and although "[m]any hadn't lived in Haiti for years" (2021-12-17). A 2021 Reuters article features an interview with a Haitian national who has permanent residency in Chile and who migrated north to the US, from where he was subsequently deported to Haiti in 2021, and who upon re-entry into Chile, was "held at the [Santiago] airport six hours for COVID-19 tests and paperwork" along with his family, before eventually being allowed to re-enter and resettle in the country (2021-12-13). Reuters also reports that for "[o]ther" Haitians deported to Haiti from the US, their return to South America, including to Chile, has been "tricky," and that four of the Haitian nationals interviewed were "struggling" to "get visas in order" (2021-12-13). Corroborating information published between 2022 and 2024 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Danish Refugee Council (DRC) is an international humanitarian NGO that works to assist and protect the rights of refugees and displaced persons (DRC n.d.).

[2] KPMG International Limited (KPMG) is an English private law firm with a global network of affiliated [translation] "independent member firms," including one based in Chile (KPMG 2022-02-23).

[3] According to the ClaveÚnica government website, ClaveÚnica is a [translation] "digital identity" that individuals may activate and use to "access state services" securely (Chile n.d.d).

[4] According to the website of Chile's Superintendence of Pensions' (Superintendencia de Pensiones), the "Pension Fund Managers (administradoras de fondos de pensiones, AFP)," are the "private institutions responsible for collecting social security contributions, managing Pension Funds and providing and administering the benefits set out in D[ecree] L[aw] 3.500, the body of law that regulates them" (Chile n.d.e).

[5] Article 74 of Law No. 21,325 provides the following:

[translation]

Article 74. Granted status. The temporary residence permit may be granted [to a foreign national] as the principle applicant or as a dependent.

The following persons may apply for temporary residence as dependents:

1. The spouse or common-law partner of the temporary resident.
2. The children of the temporary resident, the children of their spouse or of their common-law partner, provided they are under 18 years of age or are persons with a disability; and children over 18 years of age, but under 24 years of age, provided they are enrolled in a state-recognized educational institution.

Dependents are authorized to engage in remunerated activities. The regulations shall establish the conditions and restrictions that the dependents mentioned in subparagraph 2 of the preceding paragraph shall be subject to.

The aforementioned persons must prove relationship or the authenticity of the common-law relationship, as the case may be.

The main applicant must prove that they are engaged in an economic activity or have a stable income that enables them to support those who apply for temporary residence as their dependents. (Chile 2021a)

[6] A monthly tax unit (Unidad Tributaria Mensual, UTM) [translation] "corresponds to an amount of money expressed in pesos and determined by law, which is permanently updated by the consumer price index (Índice de Precios al Consumidor, IPC) and is used as a tax measure" (Chile n.d.f). The UTM for September 2022 was 59.595 [Chilean] pesos (CLP) [C$0.09] (Chile [2022]).

References

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Additional Sources Consulted

Oral sources: Caritas Chile; Chile – Consulate General of Chile in Montreal, Consulate General of Chile in Toronto, Embassy of Chile in Haiti, Embassy of Chile in Ottawa, Embassy of Chile in Washington, DC, Instituto Nacional de Estadísticas; Comisión Chilena de Derechos Humanos; Haitian Lawyers Association; Instituto Católico Chileno de Migración; Plataforma de Coordinación Interagencial para Refugiados y Migrantes; Scalibrini International Migration Network; UN – International Organization for Migration Haiti Country Office.

Internet sites, including: ACAPS; Austrian Red Cross – ecoi.net; Chile – Instituto Nacional de Derechos Humanos, Ministerio de Desarrollo Social y Familia, Ministerio de Relaciones Exteriores; Défenseurs plus; European University Institute – Global Citizenship Observatory; Freedom House; The Guardian; Haitian Times; Haïti Progrès; InSight Crime; Institute for Justice and Democracy in Haiti; International Crisis Group; La Nación; La Tercera; LatinAmerican Post; Norwegian Refugee Council; Le Nouvelliste; Observatorio Ciudadano; Organization of American States – Inter-American Commission on Human Rights; PricewaterhouseCoopers; UN – Refworld; University of California College of the Law, San Francisco – Center for Gender and Refugee Studies; The Washington Post.