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After 8 years of processing, the Senate passed the Immigration and Alien Law, which -among other things- contemplates the creation of a new National Migration Service and the obligation for foreigners to process their respective visas at the consulates of Chile.
With this new regulation, the three types of visa that already existed in Chile will be maintained: 1) the tourist visa, Aimed at those who enter the country for a limited time, either for tourism or some non-work activity; 2) the temporary residence visa, for those who come to stay for a certain time; 3) the permanent residence visa, which is awarded to those who live and make their lives in the country.
Read also: SJM due to the new Migration law: “Income from unauthorized steps will increase more and more”
New visa categories
As the authorities have detailed, the focus of the new regulation is on expand the possibilities for granting temporary residence visas.
Therefore, the new legislation contemplates 13 new categories temporary residence for foreigners who intend to enter Chile. These include: work, studies, family reunification, temporary work (seasonal work) and humanitarian reasons.
Next, the detail of the new categories:
- Foreigners who accredit family ties with Chileans or permanent residents.
- Foreigners entering the country to be developed legal paid activities, on their own account or under a subordination and dependency relationship.
- Foreigners who settle in the country with the aim of study in educational establishments recognized by the State.
- Seasonal workers who enter the country for limited, single or interannual periods, in order to perform specific seasonal jobs.
- Foreigners who request the search for job opportunities before Chilean consulates abroad, provided that they are authorized in accordance with the objectives of the National Policy on Migration and Foreigners, which must meet the requirements of paragraph 7 of article 1 of this law.
- For those who are under custody of the Chilean Gendarmerie for being serving a custodial sentence, whether or not they have exit permits. It also applies to those who are serving preventive detention, probation or other alternative penalties.
- Those who are in Chile for order of Chilean courts of justice, as long as it is necessary for the proper development of the judicial process in which they are part.
- Foreigners whose residence in Chile is justified by Humanitarian reasons.
- Foreigners under international agreements ratified by Chile and that are in force, that grant temporary residence.
- Religious of officially recognized cults.
- Patients under medical treatment, as long as they prove that they will bear the costs of their medical treatment.
- Retirees and rentiers.
- Foreigners who are granted temporary residence under the reciprocity principle, or that, by virtue of other international treaties, duly ratified by Chile and that are in force, they have the right of residence.
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