Originally from:
International Immigration and Nationality Law - 2nd Edition - Looseleaf
International Immigration and Nationality Law - 2nd Edition - Electronic
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Chile
Christian Johow
Elton & Cía Abogados
Santiago, Chile
Government Attitude toward Immigration and Naturalization
This chapter contains a general description of the main provisions regulating the legal
status of foreigners in Chile. It is a practical survey and resume of the most important
legal requirements for foreigners to obtain a visa in Chile. Chilean law on aliens is based
on the principle of reciprocity. In Chile there is currently a huge number of foreigners,
particularly from the neighboring countries of Peru and Bolivia. These people have come
to Chile because of its better economic situation. Most of them are workers in subordinated
positions.
Another large number of foreigners come from Europe (Spain), but mainly from the
United States because of the important investment of these countries in Chile. Most of
them stay there with a visa subject to labor contracts because they are employees of a foreign
mother company. However, independent businessmen who directly invest in the
country may get a visa of temporary residency under the conditions explained below.
Applicable Regulations
Chilean nationality is ruled by the various provisions of the constitutional, legal and
administrative body. The most important provisions regarding nationality and citizenship
are in the second chapter of the Political Constitution of the Republic of Chile under the
title ‘Nationality and Citizenship’.1 Articles 56 and 57 of the Civil Code and Law Decree
Number 1.0942 refer to aliens ‘establishing provisions regarding foreigners in Chile’.
This Law is regulated by the rules of Supreme Decree Number 5973 containing the ‘Regulations
on the Status of an Alien’.
Articles of Law Decree Number 1.9394 contain provisions in relation to the acquisition,
administration and alienation of real estate belonging to the Chilean state, and the rule
in article 7 of this Law, contained in Decree Number 232,5 also applies to foreigners.
Chile
Government Attitude toward Immigration and Naturalization
Applicable Regulations
Foreigners
Civil Code
Constitution of the Republic of Chile
Principle of Equality between Foreigners and Chileans
Reservation of Real Estate for Chileans Nationals
Principal Provisions on Aliens
Official Residents
Other Residents
Provisory Authorization to Work
Permanent Residency
Tourists
Christian Johow, Elton & Cía Abogados, Santiago, Chile