Frequently Asked Questions - Residencia Temporal

Frequently Asked Questions - Residencia Temporal

1. Where should I apply for a Residencia Temporal permit?
It can be completed through tramites.extranjeria.gob.cl by logging in with your account, (if you have not yet registered, check the following article: ¿Cómo crear una cuenta en el Servicio Nacional de Migraciones?). 
Then you must select "Solicitud de Residencia Temporal para Extranjeros dentro de Chile" 
Fill out the form and upload the requested documents.

2. Can I apply for Residencia Temporal permit if I am already in Chile?
In this case, the following may apply:

- When they certify having family ties with Chilean citizens or with permanent residents. 
- Those who already have a Residencia Temporal permit and wish to change their immigration subcategory, extend it, or change the quality of the residence permit (in the case of dependents).
- Residencia Temporal subcategories based on humanitarian reasons (paragraph eight of Decree No. 177/2022)
- Requests that by express mention of Decree N°177/2022 must be made by public entities.
-Those with a Permanencia Transitoria permit who entered the country before 12.02.2022 may also apply for a residence permit within national territory.

3.  If I meet the requirements to apply for a Residencia Temporal permit, will I be able to work?
The Servicio Nacional Migraciones will grant permits to engage in remunerated activities to foreigners who have applied for a residence permit in the country that allows them to work. It will be valid while the application is being processed.

4. If I apply for a Residencia Temporal permit outside of the country, how long do I have to enter national territory?
Those with Residencia Temporal granted outside of Chile will have up to 90 calendar days to enter the country in such category. This will take effect from the moment they download the Estampado Electrónico (EE) from the Servicio Nacional de Migraciones website.

5. How long will the Residencia Temporal permit last?
The Residencia Temporal will be valid for up to two years, except for the Trabajadores de Temporada (Seasonal Workers) subcategory, which may be valid for up to five years when it establishes limited annual periods of residence.

6. When can I apply for an extension of my residence permit?
It must be completed before the expiration of the actual Residencia Temporal permit. With no more than 90 days prior to its expiration date.

7. Who can apply as dependent for a Residencia Temporal permit?
The following  applicants may apply as dependents:
- The spouse or partner of the foreigner with a Residencia Temporal permit. 
- The children of the foreigner with Residencia Temporal, of his/her spouse or partner, who are under 18 years of age or are disabled;
- The children over 18 years of age, but under 24 years of age, who are studying in an educational institution recognized by the State.
-Those persons mentioned above must certify their relationship with the residence permit holder, as the case may be.

8. Can dependents work?
Dependents will be allowed to engage in remunerated activities. Except for minors who will be subject to the Chilean law, in accordance with the Código del Trabajo.

9. Can I apply for the Residencia Definitiva permit with each one of these Residencia Temporal permits?
No. Foreigners with these permits will be eligible to apply for the Residencia Definitiva permit, except for those who have permits for seasonal workers, permits for foreigners under the custody of the Gendarmería de Chile, permits for foreigners who are in Chile by order of national Courts of Justice, and permits for foreigners undergoing medical treatment.

10. How do I know if I qualify to apply for a Seasonal Workers permit?
To check the requirements, please visit: https://serviciomigraciones.cl/residenciatemporal/trabajadoresdetemporada/

This permit will be issued to foreigners who intend to enter Chile to engage in specific seasonal work for limited, single, or inter-annual periods. This, in accordance with the provisions of Article 162 of Law No. 21.325, and if there is availability of permits according to the estimated amount to be granted, all in accordance with the National Policy of Migración y Extranjería, to meet the different social or economic needs of the country. 
According to Article 72 of Law No. 21.325, the permit may not be extended for more than six months in each calendar year during its term.
For information on the requirements, pleaso  go to https://serviciomigraciones.cl/residenciatemporal/trabajadoresdetemporada/

11. Can I request a Pregnancy permit while I am in the country?
Yes, according to Art. 4 of Decree N°177/2022.
This permit may be issued to those foreign women who are in national territory due to a Permanencia Transitoria or Residencia Temporal permit, who have a certificate from a professional at a Health Care Network of any of the Health Services regulated in articles 16 and following of the decree with force of law No. 1 of 2005, of the Ministerio de Salud, stating their pregnancy status. 
To check the requirements, please visit: https://serviciomigraciones.cl/residenciatemporal/razoneshumanitarias/

12. What will happen with the residence permit application for children and adolescents if the applicant is in the country and has not adjusted their immigration status?
If the minor has an expired residence or Permanencia Transitoria permit, no penalties will be applied for infractions to immigration regulations.
Residencia temporal permits must be issued to foreign children and adolescents who are in national territory, regardless of the immigration status of the father, mother, guardian, or person in charge of their personal care. The application process will be given priority over other Residencia Temporal categories and subcategories. 

13. What documentation will be required to apply for this permit if the applicant is not one of the parents?
If the applicant is a guardian or person in charge of the personal care of the minor, he/she must certify the relationship through a birth certificate. To demonstrate personal care or guardianship, they must present the documents issued by the corresponding entity in accordance with the current legislation of the State that issued the personal care or guardianship. 
All documents issued outside national territory must be duly legalized or apostilled.

14. What will happen if the minor does not have an identity document?
As for the absence of a passport or identity document, this will not be an impediment to adjust their immigration status. This shall be subject to the provisions of the third, fourth and fifth paragraphs of Article 14 of the regulations of Law No. 21.325. The applicant must include "constancia consular" (birth certificate of the child duly apostilled).

15. How can I certify that I have a residence permit in process in the country? 
If the foreigner is in Chile and his residence permit application has been submitted within national territory, in accordance with the provisions of Article 4 of this decree, and provided that all the information required for the subcategory in question has been uploaded, the Servicio Nacional de Migraciones, through its electronic platform, will issue a residence permit in process certificate, which will allow them to travel in and out national territory.

16. How can I certify that I have a residence permit in process if I am outside the country? 
Those foreigners who submit their application from outside of the country, once they have submitted the required background information to qualify for the subcategory of temporary residence in question, will be given a document to demonstrate the start of the process, which will not enable the applicant to enter the country as a temporary resident, with the exception of applicants applying for the seasonal workers permit, who will be granted a certificate that will allow them to enter the country legally (Article 27 of Decree 177/2022).

17. If I have submitted a request for a change of an immigration residence subcategory and it expires, will I no longer have a valid immigration status in the country?
Those who are requesting a change of an immigration residence subcategory; requesting to change from the status of dependent to that of a permit holder; or requesting the extension of the temporary residence permit they currently have, and any of them expires during the process, the certificate of residence in process granted by the Servicio Nacional de Migraciones will serve to prove its holder’s valid immigration status. Likewise, it will allow the exit and entry of the foreigner.

18. Can I certify that I am authorized to work with the certificate of residence in process?This certificate will enable the foreigner to engage in remunerated activities. This authorization to engage in remunerated activities will remain valid while the residence permit application is pending resolution.

19. What will happen with my pending application if it was a Temporaria, Sujeta a Contrato or Estudiante residence permit?
All the applications for Residencia Temporaria, Sujeta a Contrato and Estudiante, submitted prior to the entry into force of this decree through the Servicio Nacional de Migraciones and that are pending resolution from the date already mentioned, will be resolved by homologating the request by the interested party to that temporary subcategory with the most similar characteristics to the one requested. Therefore, it will not affect its immigration status.

20. My visa Sujeta a Contrato is about to expire, what should I do? 
With the entry into force of the Residencia Temporal subcategories, the extension of a residence permit must be requested with no more than ninety days prior to the expiration of the current residence permit.  The extension of a Residencia Temporal permit will go according to the current subcategories. The procedure can be completed through tramites.extranjeria.gob.cl by selecting “Solicitud de Residencias Temporales para extranjeros dentro de Chile”.

IMPORTANT: If you have two years of visa Sujeta a Contrato, you have the option to apply for Residencia Definitiva, as long as you meet the requirements. 

21. If I have a Visa Sujeta a Contrato and I change my employer, how should I notify it?
With the publication of Decree N°177, a foreigner who has a Visa Sujeta a Contrato may change employer without the need to inform the Servicio Nacional de Migraciones about it.

22. I applied for a Título de Residencia, and it was rejected. What should I do?
According to the new regulations, if your Residencia Temporal has been granted, you must present the Estampado Electrónico and your identification document (valid or expired) at the Servicio de Registro Civil e Identificación . Therefore, it is no longer necessary to issue the requested Título de Residencia.

23. With the entry into force of the new law 21.325, what will happen with my application for Residencia Temporaria in progress? (Temporaria, Sujeta a Contrato or Estudiante)? 
Those applications for Residencia Temporaria, Sujeta a Contrato or Estudiante submitted prior to the entry into force of Decree No. 177, which are pending resolution, will be resolved by homologating them to the temporary subcategory of similar characteristics to the residence permit requested. Therefore, their immigration status will not be affected.