New chilean Migration Law


A few months ago the Chilean president, Sebastián Piñera, announced a series of modifications to the new migration bill which will create a secure and standardized new migration procedure which includes the modification of the current migration policy along with the creation of new visa types.

The fundamental issues that President Piñera referred to, are the following.

I. New general rule and new Visas categories:

General rule

It will no longer be permitted to change the migration status while being in Chile.  The foreigner who wants to change their tourist visa for a temporary residence visa will only be able to request this outside of Chile.

New Temporary Visas

The following visas will be sanctioned by the administration:

  1. Opportunity Temporary Visa

This visa has to be requested outside of Chile and will be granted for those foreigners who come to Chile to undertake and/or work. This visa will allow its holder to reside in the country for a period of 12 months that can be extended for one more period, and then it will give way to the possibility of requesting the Permanent Residence.

  1. International Orientation Temporary Visa

This visa has to be requested outside of Chile and will be granted for those foreigners who have a postgraduate degree title from a university within the first 200 places according to the Q. S World University Ranking. This visa will allow its holder to reside in Chile for a period of 12 months and can be extended for one more period, then it will give way to the possibility of requesting the Permanent Residence.

  1. Temporary Visa of National Orientation

It is a visa that has the same characteristics as the previous one, however, in this case, it is requested in Chilean territory and based on accredited Chilean universities.

  • Venezuelan citizens

In the context of the serious democratic crisis that is being experienced by the Caribbean country, which has determined the massive exodus of its nationals to our country, the Chilean authority has decided to apply the following initiative:

Democratic Responsibility Visa

The Democratic Responsibility Visa will be granted for the Venezuelan citizens and has to be requested it at the Chilean Consulate in Caracas and Puerto Ordaz, Venezuela. The residence permit will last one year, extendable for one more, and then it gives the option to its holder to request the Permanent Residence.

  • Haitian citizens

Last year, more than 267.596 visas were granted by the Chilean government, from which approximately 47,000 benefited citizens from Haiti, exceeded only by Venezuelans. The Chilean authority, being aware of the situation experienced by the Haitian people both in their country and in ours, has proposed the creation of the following Visa types:

1.Consular Visa of Tourism

This visa entitles the entry and permanence in Chile for a maximum period of 30 days to any Haitian citizen who enters the country for recreational reasons, sports, health, studies, family business, religious motives or similar. This visa will not be granted for immigration, residence or development of remunerated activities.

  1. Visa for Humanitarian Purposes of Reunification of Families

It is a visa that can only be requested by a Haitian citizen who has a legal immigration status in Chile (holder of a Residence Permit) and it is granted for its family members who are in Haiti (spouse, civil partner and offspring). The processing of this Visa will take place at the Chilean consulate in Haiti and it will allow its holder to reside in Chile for 12 months, renewable once for the same term. It will allow to apply, later on, for the Permanent Residence.

II. Immigrants in an irregular situation

In order to promote the integration of irregular immigrants and the recognition of their fundamental rights, a gradual and extraordinary regularization process will be opened to allow those foreigners who remain in the country in an irregular situation and who have entered Chile before the 8th day of April 2018, to be given a Residence Permit that will last no longer than 12 months and only for those foreigners who have no criminal record in their country of origin.

III. New principles and Institutional Policies

Give a fair and humane treatment and receive all those immigrants who have come to Chile legally.

Fight against human trafficking and establish efficient and safe actions towards illegal and clandestine entry to the country, and preventing people with criminal records from entering Chile.

Create a Migratory National Service that keeps up with modern institutional standards.

Establish a flexible system of successive migratory categories, beside the Tourist Visa and the Temporary Residence Visa, remember that Tourist Visas will authorize the foreigner to stay in Chile for a period of 90 days with a prohibition of performing remunerated activities and will not allow the change for another migratory category.

IV. Important dates:

April 8, 2018. Only foreigners who have entered our country before that date will be granted the benefit of regularization.

April 16, 2018. From this date on, people can request both the Democratic Responsibility Visa for Venezuelan citizens and the Consular Visa for Tourism for Haitians.

April 23, 2018. The administrative visa for “work reasons” is no longer available

July 2, 2018. The Visa for Humanitarian Purposes may be requested at the Chilean consulate in Haiti.

August 1, 2018. 3 temporary administrative visas may be requested: Temporary Visa of Opportunities; Temporary Visa of International Orientation; Temporary Visa of National Orientation.

Future news, legislative or administrative, will be informed by Vivir en Chile work team.

Share this article


Learn about our services for both COMPANIES and FOREIGNERS.

Do you have any specific questions? Free consultation with our lawyers here.

Sign up for our newsletter

Leave A Comment