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28/06/2022, updated 11/01/2025
Overview of Chile's Immigration Legal Framework
Chile's immigration system underwent comprehensive reform in 2022, establishing a modern legal framework designed to manage the entry, stay, residence, and exit of foreigners. This update replaced decades-old legislation with contemporary laws that address current migration realities.
Current Immigration Laws in Chile
The current immigration legal framework consists of several key laws and regulations:
Immigration Law
- Law 21.325 - Migration and Foreigners Law (April 2021): The foundational law establishing rules for foreign entry, residence, and rights in Chile, along with the institutional framework for migration processes.
Key Regulatory Decrees
- Decree 296 (February 12, 2022): The main regulation implementing Law 21.325, enacted when the new immigration law took effect.
- Decree 23 (March 4, 2022): Defines the subcategories of tourist visas and temporary stay permits (Permanencia Transitoria).
- Decree 177 (May 14, 2022): Establishes the different categories of temporary residency visas (Residencia Temporal).
Recent Updates
- Law 21.655 (February 2024): Updates refugee status determination procedures and addresses irregular border crossings, reflecting Chile's evolving approach to migration management.
Protection and Special Cases
- Law 20.430 (2010): Provides comprehensive provisions for refugee protection and asylum procedures.
- Law 20.507 (2011): Criminalizes immigrant smuggling and human trafficking, establishing penalties and protection measures.
Legal Context and Policy Evolution
Historical Background
Chile's immigration policy has evolved significantly over recent decades. The country experienced dramatic demographic changes, with the foreign-born population increasing from 0.8% in 1992 to 8.7% by 2022. Major immigration waves began around 2014-2015, primarily from Venezuela and Haiti, leading to policy adaptations.
Current Policy Direction
Since 2022, Chile has adopted increasingly restrictive immigration policies, including:
- Enhanced border control measures
- Stricter entry requirements
- Expedited deportation procedures for criminal offenses
- Limited regularization programs for existing undocumented residents
This shift reflects changing public sentiment and political priorities.
Understanding Immigration Law
For Visa Applicants
You do not need to study all these laws and policies in detail, as our other articles provide practical, user-friendly guidance. However, understanding the legal framework can be helpful when:
- Clarifying specific procedural questions
- Addressing complex situations not covered in general guidance
- Understanding your rights and obligations under Chilean law
- Preparing for interviews or appeals
Key Legal Principles
The current laws establish several important principles:
- Regulated entry: All foreigners must enter Chile through official border crossings with proper documentation
- Conditional residence: Most visa categories require meeting ongoing conditions to maintain legal status
- Due process: Foreigners have rights to legal representation and appeals in immigration proceedings
- Integration expectations: Laws emphasize the importance of legal compliance and social integration
Previous Immigration Laws in Chile (Historical Reference)
The following laws governed foreign immigration before February 2022. While no longer valid, you may encounter references to them on older websites or documents:
- Ley de Extranjería (DL 1094 of 1975) - Former Foreigners Law
- Reglamento de Extranjería (DS 597 of 1984) - Former Foreigners Regulation Decree
Important: These laws are completely superseded by the 2022 framework. Any guidance based on these older laws is outdated and potentially misleading.
Additional Resources
Official Sources
- Immigration Service Website
- Chilean Legal Library: Full text of all Chilean laws and decrees
Important Note
While the official legal database contains comprehensive information, it's primarily designed for legal professionals and immigration officials. Most visa applicants will find our practical guides more useful for understanding application procedures and requirements.
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