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Immigration Law

Different kind of visas to visit and live in Chile

On April 20th of 2021, the law N° 21.325 regarding migration and immigration was passed. This new law sought to update the old Chilean migration law, which was passed at a time in which Chile had hardly any immigration.

This law seeks to solve the problems that the current migratory wave has caused, and although it was passed more for more than a year prior, it came into effect once it’s Regulation was passed, on February 12th, 2022.

The only rule that was implemented with the passing of the bill is the obligation that foreigners that came irregularly through authorized border crossings to Chile before March 18th, 2023, standardize their migratory situation within 6 months. The foreigners that had entered the country through unauthorized border crossings had this deadline to leave the country.

The law and its regulation address a series of subjects such as stateless individuals, deportations, sanctions, refugees, and official residents, which we won’t attend to in this article. We will concentrate in the norms regarding foreign laborers, their rights, obligations, and the employees’ obligations.

a.- General principles

i.- This new law acknowledges that foreigners are equal under the law. This manifests in the equality of rights between foreigners and natives. Furthermore, those that are sustained (such as the spouse or children) by foreigners with a standardized permit, may now start working.

All foreigners, including irregulars, will have access to health services in addition to preschool, elementary, middle school, and high school education.

All benefits related to the workers’ contributions will also be applied to foreigners. However, state funded benefits, like the Chilean housing subsidy and others, demand that the foreigner who benefits from them have been living in Chile for at least 24 months.

ii.- Foreigners have the right to a rational and informed Visa application process. This is materialized in the obligation to inform foreigners, at least every 60 days, the phase of their permit’s process and a residency process certificate.

iii.- The creation of a family reunification institution to request that all married or stable couples and single children up to 24 years that are studying can come to Chile and live with the owner of the permit of residency.

b.- ID (Identity Document)

One of the novelties of the law is the ID bestowal to foreigners even before granting them their residency permit, with the objective to ease various procedures.

Many foreigners argue that while they don’t have an ID, they “don’t exist” in Chile, because many procedures, including just scheduling an appointment in a public or private institution, require their identification number.

State institutions, such as public or private health services and educational establishments, may request the Chilean vital record offices to assign an Identity Document to a person to execute the appropriate procedure. In any case, having an ID, will not exempt foreigners to obtain their residential permit.

c.- Visas

Even though the diverse authorization options to enter the country are detailed in the law and its directive, their specific features and subcategories will be regulated in another decree, which is currently in the Chilean’s Government Accountability Office in review.

i.- Transit Visas

This is the tourist visa as we know it and it usually lasts 90 days, that can be lengthen for 90 more days, conditioned by payment.

In relation with this category, the Chilean Department of Interior’s decree number 23, regarding its respective subcategories, was published on March 4th, 2023.

Anyone that enter as tourists to Chile may not request a residence authorization, unless they are related to a Chilean or someone with permanent residency.

In any case, everyone that enters the country for business purposes with a stay for less 90 days, such as a lecturer, speaker, or expert consultant, may engage in the activity upon prior payment, granting him the prerogative to carry it out.

Authorization will be granted to any foreigner unable to enter Chile, either due to visa requirements or being subject to a ban, when a direct family member is in a terminal health condition or has passed away.

ii.- Short-term Visas

Anyone that has a kinship with a Chilean or a someone with permanent residency, or that enters the country for business or educational pursuits, seasonal workers and anyone that request the Business Opportunity Visa on Chilean consulates, may opt for this visa, which lasts for a maximum of 2 years.

Spouses of the owners of these permits are authorized to work and may also apply to its own permit.

Short-term residents have the obligation to inform the migratory department on any modification in their address within 30 days since its change.

iii.- Permanent Visas

Generally, after completing two years of residency, it is possible to apply for permanent residency. If there are periods spent abroad during this time, permanent residency can be applied in a 4-year timeframe. Other factors that can delay the acquisition of a permanent visa are: Insufficient financial resources for sustenance in Chile, lack of economic stability, or the involvement in migratory, labor, environmental, sanitation, tax, customs, or related infractions.

d.- Employers’ obligations

Employers may only hire workers that have a work permit. The infraction of this obligation may result in a fine to the employer.

e.- Degree revalidation

So far, only the University of Chile could revalidate foreign degree titles. Now, any higher education institution with at least 5 years of accreditation can do it.

This regulation is designed to ease the revalidation of associate or qualified professional degrees for foreigners, enabling them to pursue employment in their area of expertise.

f.- Abusive leases

It was added in the law of urban property leasing, (Law N° 18.101) a chapter regarding overcrowding and abusive leasing and subleasing. This regulation was passed to avoid the multiple human misfortune that we see in various occasions on television, where foreigners that live on overcrowded, unsuitable facilities regrettably die or lose their possessions during a fire in said facilities.

The Urban Planning and Construction municipal regulation will establish the buildings’ minimum habitability conditions that are leased or subleased by room and the maximum occupancy by room of said buildings.

The landlord will have to pay fines up to 60 UF for the unfulfillment of these obligations.

Last modified: 30/04/2024

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