Guides · Chile
The stakes: Chile’s new migration law, Ley 21.325, reshaped how foreigners obtain residency. Understanding the categories and processes is key to a successful application.
The facts: Temporary residence permits last up to two years, renewable. Permanent residence typically requires 24 months of temporary residence. Naturalization requires five years of legal residence.
The context: Applications are online via SERMIG. Processing times vary, and enforcement has tightened with new visa requirements for some nationalities.
The Legal Framework: Ley 21.325
Chile’s current migration framework is based on Ley 21.325 de Migración y Extranjería, according to the Biblioteca del Congreso Nacional de Chile in June 2026. This law defines three core categories: permanencia transitoria (short stay), residencia temporal (temporary residence), and residencia definitiva (permanent residence).
Permanencia transitoria is for foreigners entering without intending to settle, allowing a limited stay if they have lawful means of subsistence, as stated by the Servicio Nacional de Migraciones (SERMIG). Residencia temporal is for those who intend to establish themselves in Chile for a limited time, according to the same law.
The law specifies that temporary residence may be granted for up to two years, except for seasonal workers, which may last up to five years with limited annual stays, according to the Biblioteca del Congreso Nacional de Chile in June 2026.
Temporary Residence Subcategories
Under Ley 21.325, temporary residence is organized into multiple subcategories linked to purposes such as work, family ties, study, humanitarian reasons, international agreements, and investment or business, according to Dahua Legal in June 2026. Each subcategory has specific requirements.
For work-based temporary residence, typical documentation includes a valid passport, criminal record certificate, recent photograph, employment contract, the employer’s tax file, and documents proving the employer’s existence and legal representation, according to Almonacid & Cía. in April 2026.
For rentista and retiree routes, applicants must show proof of regular passive income from pensions, real estate, or financial assets, and a criminal record certificate not older than 60 days, according to Stamped Nomad in May 2026.
Application Process and Documents
Applications for temporary residence are now largely centralized through SERMIG’s online ‘Trámites Digitales’ platform, whether filed from abroad at consular level or from inside Chile, according to Dahua Legal in June 2026. Applicants must create a user account, choose the appropriate subcategory, complete the online form, and upload supporting documents in PDF.
All temporary residence applicants must provide at least a valid identity document (passport from abroad, Chilean ID from inside Chile), a criminal record certificate for the last five years, and a recent color photo with white background, unless specific exemptions apply, according to Dahua Legal in June 2026.
Passports used in applications from abroad must be valid for at least one year from the date of application for most temporary residence subcategories, according to SERMIG in November 2025. Criminal record certificates from the country of origin must not be more than 60 days old at the time of submission, unless exempted by international agreements.
Foreign documents in languages other than Spanish or English must be accompanied by an official translation, and all documents issued abroad must be apostilled or duly legalized according to Articles 345 and 345 bis of the Chilean Civil Procedure Code, according to SERMIG in November 2025.
Costs and Timelines
No official figure has been published for the total government application fee amount for each temporary residence subcategory in a consolidated official tariff table current to 2026. Available materials mention fees but do not provide a single, clear, up-to-date schedule.
Processing times for temporary residence under the new system vary widely but often range from several months up to roughly a year, depending on subcategory, workload, and completeness of the file, according to Migrago in May 2026. No fixed legal maximum processing time is cited.
For permanent residence, a complete application without observations typically takes between 60 and 120 business days (3–6 months), while cases with observations may take 90–180 business days (5–9 months), and complex files up to 240 business days (6–12 months), according to Migrago in May 2026.
Permanent Residence (Residencia Definitiva)
To obtain permanent residence, a foreigner must first hold temporary residence in a subcategory that permits transition to permanent status and meet a base residence period of 24 months, according to Dahua Legal in June 2026. This period can be reduced to 12 months in cases of strong family ties, investments, or similar favorable factors.
The required residence time may increase up to 48 months where negative factors exist, such as prolonged absences from Chile, insufficient income, or migration infractions, according to Dahua Legal in June 2026. No official figure has been published for the precise legal article-by-article mapping of which temporary residence subcategories explicitly allow transition to residencia definitiva.
Temporary residence is a necessary condition for later applying for permanent residence, and only certain subcategories give the right to apply, according to Dahua Legal in June 2026.
Naturalization After Five Years
For adults 18 or older, ordinary naturalization in Chile requires holding valid Residencia Definitiva and completing at least five years of legal residence in Chile, excluding periods of irregular stay, according to Citizeo in August 2026. The application is directed to the Ministry of the Interior and Public Security.
Children of foreigners aged 14 or over, who hold Residencia Definitiva and have five or more years of residence in Chile since obtaining the electronic residence stamp, may apply for citizenship by naturalization, according to ChileAtiende in March 2026.
Absences from Chile exceeding six months in any 12-month period are discounted from the five-year residence count, according to Citizeo in August 2026. This can delay eligibility.
The standard fee for the Carta de Nacionalización is around 33,026 CLP (US$36), with a reduced fee of approximately 6,605 CLP (US$7) for spouses, widows, or parents of Chilean children, according to Expat.com in March 2026.
Recent Enforcement Posture
The last 18 months have seen a consolidation of the control approach under Ley 21.325, including greater requirement of prior consular visas for certain nationalities, according to the Ministerio del Interior in September 2025. Decreto 359 of 17 Sep 2025 introduced a requirement for prior authorization or consular visa for entry and stay as a holder of Permanencia Transitoria for nationals of a specific list of countries.
This tightens entry control compared to the initial post-2021 regime, according to the Ministerio del Interior. The changes make it harder to use Chile as a prolonged transit country without a residence project.
Common mistakes by foreigners include irregular entry or stay without self-denunciation, not paying fines on time, and submitting incomplete apostilled documents or translations not accepted, according to Migrago in May 2026.
Comparison with Neighboring Countries
Argentina usually grants temporary residence for 1 to 2 years renewable, with more lenient income requirements and less emphasis on apostilles for documents from Mercosur countries, according to Citizeo in August 2026. Peru generally requires apostilled criminal records and has specific categories for rentiers and workers, with temporary residence also for 1 year renewable.
Chile requires 5 years of legal residence and valid permanent residence for naturalization, while Argentina grants citizenship with 2 years of residence and Peru with 2 years of legal residence, according to Citizeo in August 2026. This makes access to nationality significantly slower in Chile.
Official Portals and Resources
Official information on temporary residence, permanent residence, and naturalization is concentrated on three portals: the Servicio Nacional de Migraciones website (serviciomigraciones.cl), ChileAtiende (chileatiende.gob.cl), and Ley Chile (leychile.cl), according to SERMIG and ChileAtiende in 2025–2026.
The Chilean Ministry of Foreign Affairs administers consular fees, including apostilles, which are around 9,690 CLP (US$11) per document for services abroad, according to a 2023 tariff table. The ministry’s ‘Ayuda Consular’ section is the official entry point for procedures outside Chile.
Exact Fees and Who Charges Them
The Chilean government does not publish a single consolidated tariff table for temporary residence fees under Ley 21.325. Available materials mention fees but do not provide a clear, up-to-date schedule for each subcategory.
This absence of an official fee schedule is documented as of 2026.
For naturalization, the standard fee for the Carta de Nacionalización is approximately 33,026 CLP (about 36 USD). A reduced fee of about 6,605 CLP (about 7 USD) applies to applicants married to Chileans, widowed from Chileans, or parents of Chilean children.
These figures come from a 2026 Expat.com guide.
Consular services, including apostille of documents, are administered by the Ministry of Foreign Affairs. As of a 2023 tariff table, apostille of judicial records and other documents costs about 9,690 CLP (about 11 USD) per document for services abroad.
This reference helps estimate legalization costs before visa applications.
Applicants must pay fees online through SERMIG’s Trámites Digitales portal. The system generates a receipt that replaces the old ‘visa in process’ document.
No official source provides a complete list of fee amounts for temporary residence subcategories as of 2026.
Step-by-Step Timeline and Processing Times
Temporary residence applications are filed exclusively online through SERMIG’s Trámites Digitales portal. The applicant creates an account, selects the appropriate subcategory, completes the form, uploads documents, and pays fees.
This process is described in a 2026 guide by Migrago.
Processing times for temporary residence vary widely, often ranging from several months up to roughly a year. No fixed legal maximum processing time is cited.
This qualitative range comes from a 2026 Migrago guide.
For permanent residence, a complete application without observations typically takes between 60 and 120 business days (3–6 months). Cases with observations or corrected documents may take 90–180 business days (5–9 months).
Complex files can take up to 240 business days (6–12 months). These estimates are from a 2026 Migrago article.
The Servicio Nacional de Migraciones does not systematically publish guaranteed resolution times for each permit type. Studies and advocates report delays exceeding theoretical times, especially for humanitarian residences.
A 2026 Defensoría de la Niñez study found that humanitarian residences averaged 126 days from application to resolution in 2024.
The standard temporary residence permit lasts up to two years and can be renewed for another two years. This creates a cycle of up to four years of continuous temporary residence before a possible permanent residence application.
This is based on Ley 21.325 and a 2026 Dahua Legal guide.
Documents and How They Are Legalised
All temporary residence applicants must provide a valid identity document, a criminal record certificate for the last five years, and a recent color photo with white background. Passports used from abroad must be valid for at least one year from the application date.
These requirements are from SERMIG and a 2026 Dahua Legal guide.
Criminal record certificates from the country of origin must not be more than 60 days old at submission. This rule applies to most temporary residence categories unless exempted by international agreements.
SERMIG specifies this in its official documentation.
Foreign documents in languages other than Spanish or English must be accompanied by an official translation. All documents issued abroad must be apostilled or duly legalized according to Articles 345 and 345 bis of the Chilean Civil Procedure Code.
This is stated by SERMIG.
For work-based temporary residence, typical documentation includes a valid passport, criminal record certificate, recent photograph, employment contract, the employer’s tax file, and documents proving the employer’s existence and legal representation. This list comes from a 2026 Almonacid & Cía.
guide.
The apostille process is handled by the Ministry of Foreign Affairs for documents used in Chile. As of a 2023 tariff table, apostille costs about 9,690 CLP (about 11 USD) per document.
This fee is for services abroad and helps estimate legalization costs.
| Route | Duration | Key Requirements | Path to Permanent Residence |
|---|---|---|---|
| Temporary Residence (Work) | Up to 2 years, renewable | Valid passport, criminal record, employment contract | Yes, after 24 months (or 12 with favorable factors) |
| Temporary Residence (Rentista/Retiree) | Up to 2 years, renewable | Proof of passive income, criminal record | Yes, after 24 months |
| Permanent Residence | Indefinite | 24 months of temporary residence (or 12/48) | N/A |
| Naturalization | Citizenship | 5 years of legal residence, permanent residence | N/A |
Sources: Biblioteca del Congreso Nacional de Chile, Servicio Nacional de Migraciones, ChileAtiende, Dahua Legal, Almonacid & Cía., Stamped Nomad, Migrago, Citizeo, Expat.com, Ministerio del Interior
More from the Latin America section — guides, analysis and country briefings from The Rio Times.
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error
Read More from The Rio Times