The Law Today

A new Immigration Law is enacted, which replaces the current Immigration Law

13 Abr 2021

Introduction

On April 11, 2021, the New Immigration Law was enacted, which replaces the current Immigration Law. Among other things, this law contemplates the following:

1. The law creates the National Migration Service to streamline immigration processes, which will have a term of 1 year for its implementation as of the date of publication of this law.

2. The law incorporates 13 new categories of visas to obtain temporary residence in Chile.

3. The law establishes that future migrants who wish to come to Chile must apply for their residence visa at the Chilean consulate of their country of origin. This would allow foreigners to enter Chile with their identity card and valid routine.

4. Regarding foreign citizens who have a regular migratory situation, the law provides that they will have 180 days to process their visas inside our country. If they do not comply with this, they will be returned to their countries of origin.

5. On the other hand, those foreigners who have an irregular migratory situation, according to the law, will have 60 days to leave Chile and process their residence visas in the consulates of their respective countries in case they wish to return to Chile.

6. The New Immigration Law establishes that when a foreign citizen’s temporary residence visa expires, he/she will have a term of 9 months to request an extension to extend his/her stay in the country. In order to do so, he/she must pay any outstanding fines.

7. This law details new crimes that are considered as grounds to prohibit the entry of foreigners to Chile, or to deport those who are already in the country, such as femicide, kidnapping of minors, illicit drug trafficking, among others.

8. This law will enter into force once its regulations are published.

Contact

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

JDF