Chile: Information on the status of a foreign female married to a citizen of Chile and mother of a Chilean child, and on the steps and/or procedures required for her naturalization

The information that follows was provided by officials of the Department of the Status of Foreigners and Migration (Departamento de extranjería y migración) of the Ministry of the Interior of Chile in Santiago during a 2 December 1997 telephone interview. Please note that the terms used in this English text are unofficial translations of the Spanish terms provided during the interview, are included for your reference, and do not necessarily correspond exactly with the terms and conditions of similarly-named migration and residence categories in Canada; the Spanish terms provided by the source are included in brackets beside their English unofficial translations in this text.

If the basis for a foreigner's requesting residence or naturalization is the person's marriage to a Chilean, the marriage must be registered before a Chilean consulate or in Chile. If the basis for requesting residence or naturalization is as the parent of a Chilean, the person must have documentary proof of being the parent of a Chilean (such as a birth certificate naming the person as one of the Chilean child's parents). If the foreigner is married to a Chilean and/or is the parent of a Chilean, the person has a right to request, before travelling to Chile or upon their arrival, a temporary visa (visa temporaria titular) valid for one year that will allow the person to reside and conduct any legal activity in Chile. The person can renew that status or, three months before the expiration of a temporary visa, request permanent residence (permanencia definitiva). The person could arrive in Chile with a tourist visa or, depending on the requirements of their nationality and passport, without a visa, but the issuing and holding of a temporary visa normally precedes the granting of permanent residence; however, a foreigner who had permanent residence, left Chile, and then lost that permanent residence, has a right to apply directly for permanent residence without the need to hold first a temporary visa.

The person in question can apply for naturalization after legally residing for five years in Chile. The status held during those five years could be varied, but at the time the application is made the person must have permanent residence, even if this status has been held for only a day. The application must be made before the Department of the Status of Foreigners and Migration, and will require presentation of different documents, depending on the case, such as proof of marriage registered before Chilean authorities or Chilean birth certificate showing the parental relation of the applicant, evidence of residence in Chile, etcetera.

The above information is a general statement that describes in broad terms the basic aspects of the subject in question. However, specific circumstances regarding the migratory status of foreigners, such as admissibility, residence, removal, and others, are detailed in legislation comparable to the Canadian Immigration Act. The main legislation (cuerpo legal) governing the status of foreigners in Chile is Decree-Law (Decreto Ley) 1094 of 1975, later modified by Decree-Law 19476 of 1996, and regulated by Supreme Decree (Decreto Supremo) 597 of 1984. The particular legal status in Chile of a foreign individual is registered with or determined by the Department of the Status of Foreigners and Migration in Santiago.

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 to refugee status or asylum.

Reference

Departamento de extranjería y migración, Ministerio del Interior, Santiago. 2 December 1997. Telephone interviews with officials.