9 KEY ASPECTS TO THE NEW MIGRATION AND FOREIGNERS LAW

THE LAST 12TR OF FEBRUARY, ENTRED INTO FORCE THE NEW MIGRATION AND FOREIGNERS LAW THE CHILE

The present normative was published on 21 April 2021 and has entered into force the las 12tr of February, standing up to the new migration and foreigners law the Chile

Today we are going to dedicate the new post to explain the 9 key aspects to the new migration and foreigners law the Santiago de Chile.

1. New form to solicited the permits of visa

From 12/02/2021, all people who wish to setting up in Chile, must carry out the application to visa for remunerated activities from outside the country.

Applications will no longer be processed by the Ministry of Foreign Affairs, from now on they will be handled by the National Migration Service, i.e. the same body in charge of analysing, granting or rejecting applications made within Chile.

2. New migration categories

Migratory category is understood as the different types of residence or stay permits that foreigners can apply for.

These categories are collected in the article 26 the present law:

  • Transitory Permanent Residence Permit
  • Temporary Residence Permit
  • Permanent Residence Permit

Although we would like to be able to provide this information, the new migration categories and subcategories are not yet known, as this is a matter for the Ministry of the Interior to dictate and publish.

3. If a transitory stay is available, it is not necessary to apply for a visa

However, for nationals of certain countries, prior authorisation or a visa issued by the Chilean consulate abroad may be required. The list of countries requiring a visa or authorisation to enter the country will be established by Supreme Decree.

For example, visas will still be required for nationals of Haiti, Cuba, the Dominican Republic and Venezuela.

4. Is it possible to change from a transitional residence permit to a temporary residence permit?

Yes.

As marked the new migration and foreigners law the Chile, in Articles 58 and 69, the change of migratory categories or subcategories may be requested if the requirements are met.

5. Change of immigration status before the entry into force of the new law

In this case, any person requesting to initiate proceedings shall be governed by the law in force at the date of the request.

For those applications that are currently being processed, the implementation of the new law will not affect ongoing applications.

6. What happens with foreigners who have a valid residence or permanent stay visa? What about those who are in the process of applying for a visa?

Residence permits obtained prior to the entry into force of the law will be assimilated to the permits established in the law without the need to reapply.

7. How does the new Migration and Foreigners law protect minors?

Priority will be given to the processing of applications for family reunification of children and adolescents with resident foreigners, as stated in articles 4 and 19 of this law.

The State shall be responsible for adopting the necessary administrative, legislative and legal measures to ensure the full exercise and enjoyment of the rights of underage children and adolescents.

8. Expulsion Order

A forced departure from a foreign country is known as an expulsion order.

Whit the new migration and foreigners law, according to Article 134, holders of a temporary residence permit and those who do not have a valid residence permit may be expelled.

The above shall be valid for those who enter the country despite having a reason that prohibits their entry. The same applies to those who incur, during their stay in the country, in any of the grounds of Article 32 of Law No. 21.325.

Those who are in Chile when their temporary residence permit has expired and who repeat the conduct of exercising remunerated activities without having the authorisation or being authorised to do so, may be expelled.

It is necessary to argue that, before the expulsion summons, the foreigner will have 10 working days to submit the sanction with the corresponding notifications.

9. Creation of figures for the re-entry and re-embarkation of foreigners

The Article 152 the new migration and foreigners law orders that foreigners who enter the country while the decision ordering their expulsion, abandonment or prohibition to enter the national territory is still in force shall be immediately repatriated or returned to their country of origin or country of provenance as soon as possible.

On the other hand, Article 153 states that «any foreigner who is caught by the authorities entering the national territory evading immigration control, whether through authorised or unauthorised crossing points, will be immediately returned or taken back to the border. And those who attempt to enter the national territory using falsified or adulterated documents or documents issued in the name of another person.

If you have any doubts about how you should travel to Chile, either for pleasure or for work, Expatfeliu can analyze the situation in a personalized way with our advisors specialized in foreigners.