Chile: Information on the "certificado de permanencia definitiva," including the rights of the holder, how these rights differ from those granted by citizenship, impact of exiting Chile and returning after a period of time, how those rights are lost and how they can be regained if lost

14 June 1984, art. 80; ). Before such a certificate is issued, a foreigner cannot leave the country for more than 90 consecutive days; otherwise if the foreigner returns after being outside of the country more than 90 days, the period of time he or she had spent in the country beforehand will not be taken into consideration (ibid. 14 June 1984, art. 82). If the foreigner has obtained the right to multiple entries, then the time period allowed out of the country with no effect to the "permanencia definitiva" is 180 days (ibid., art 83).

This certificate is issued by the Foreign Status Department (Departamento de Extranjeria) in Chile, and the application must be submitted in Chile (ibid. 25 Apr. 2003). n.d.; ibid. 14 June 1984, art. 80). The certificate holder may work and pays taxes, yet he or she is not able to obtain a Chilean passport nor is he or she able to vote or be involved in politics (ibid. 25 Apr. 2003).

After permanent resident status is granted, the certificate is considered tacitly revoked if the holder spends an uninterrupted year out of Chile ). If the holder cannot return to Chile for reasons of studies, health or other reasons that are justified, the Chilean foreign service officer overseas may then prolong the validity of the "permanencia definitiva" if the request is made within sixty days before the expiry date (ibid.; ibid. 25 Apr. 2003). Such an extension can be granted a maximum of four successive times for a period of one year each time (ibid.; ibid. 14 June 1984, art 84; ibid. n.d.). Therefore, a person who holds such a certificate may live outside Chile for a maximum of five years if he or she applies for renewals (ibid. 25 Apr. 2003). The renewal of the certificate may be refused if the person is involved in drug related issues or if the person has had problems with the Chilean justice system (ibid.).

If the person remains out of the country after the expiration of an extension, his or her permanent residency will be considered tacitly revoked (ibid.). The only way to reacquire the certificate after it has been lost is to start the whole process all over again and apply for a resident visa and live for a minimum of two years (ibid.).

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. Please find below the list of additional sources consulted in researching this Information Request.

References

Chile. 14 June 1984. Decreto Supremo n° 597 del 14 de Junio de 1984: Nuevo Reglamento de Extranjera. [Accessed 22 Apr. 2003]

_____. 25 April 2003. Embassy of Chile, Ottawa. Telephone interview with an official.

_____. n.d. Consulado General de Chile en Buenos Aires. "Permanencia definitiva." [Accessed 22 Apr. 2003]

Additional Sources Consulted