Publication of the Regulation of the New Immigration Law
Update: February 23, 2022
- On February 12, it was published in the Official Daily of Chile the Regulation of the New Immigration Law, for which it has entered into force with immediate effect.
- This has implied changes in the visa application processes, mainly for those individuals that are in Chile as tourists with the intention of applying for residence and work visas, given that currently the general rule is that the filing of applications is through a single digital platform managed by the National Immigration Service (Chilean Consulates no longer have the faculties to process visa applications) and the applicant must be physically out of Chile.
- The electronic platforms for the applications of new residence visas have been enabled for certain procedures according to immigration categories still in force, and are in process of constant update.
- Finally, the Supreme Decree that will define the list and requirements of the subcategories of temporary residencies is under the legality analysis before the National Audit Office (Contraloría General de la República in Spanish).
Last Saturday, February 12th, it was published in the Chilean Official Daily the Decree N° 296 that approves the Regulation of the New Immigration Law N° 21.325, which means the entry into force of the Law and the aforementioned Regulation that regulate the entrance, stay, residence and departure of foreigners to the country, as well as the exercise of their rights and duties.
Implications of the entry into force of the Law N° 21.325
a. It has been replaced the Decree Law N° 1.094 of 1975 (previous Immigration Law) and the Supreme Decree N° 597 of 1984 (previous Immigration Regulation).
b. Residence and work permit that are valid and were granted prior to the entry into force of the new Law, are assimilated to the benefits established in it.
c. The ongoing immigration processes and the benefits granted prior to the entry into force of the new Law will not be affected.
Main aspects of the Law N° 21.325
a. Creation of the National Immigration Service (SERMIG in Spanish) as the only public service with faculties to authorize or deny the entrance, stay and departure of foreigners, as well as grant, extend, reject, or revoke immigration benefits.
b. Creation of new immigration categories.
c. Application of a new general rule for which the residence permit must be obtain prior to enter to the country.
d. Establishment of new processing time and requirements for the application of immigration benefits, as well as new valid period once granted.
e. New causal of expulsion and abandon of the country, and also entrance prohibitions.
f. Creation of new figures of reconduction and reembark of foreigners.
g. New administrative processes of access to the information and appeal of resolutions.
Challenges
a. It is still pending the publication of the Supreme Decree that will define the list and requirements of the subcategories of temporary residence.
b. Today, the platforms for the application of new residence visas have been temporary disabled for new processes or consults.
c. Implementation of the new electronic platform for the application of new immigration benefits (visa, work permit, permanent residence), compliance of requirements of the authority during its analysis and fulfillment of the procedures that correspond according to the approval or rejection.
