Chilean Nationality: Jus Solis, Naturalization

Posted on Mar 10, 2025 in Law & Jurisprudence

Jus Solis in Chile: Article 10 No. 1 CPE 1980

Requirements:

  1. Birth in the territory of Chile.

Exceptions:

First Exception: Children of foreigners who are in Chile to serve their government.

Requirements for the exception:

  • A) Birth in the territory of Chile.
  • B) Child of foreign parents.
  • C) At least one parent is in the service of their government.

Second Exception: Children of transient foreigners.

Requirements for the Exception:

  • A) Birth in Chilean territory.
  • B) Children of foreign parents.
  • C) Both parents are bystanders (have no political or legal domicile in Chile).

Right of Option (Supreme Decree No. 5.142)

When? Within one year from turning 21 years old.

Before whom? The respective Mayor or Governor. Abroad, before a diplomatic agent or consul of the Republic.

Officials send data to the Interior Ministry, to be recorded in a registry for this purpose only.

Effects of the option: Acquisition of Chilean nationality.

Nationalization is not retroactive; the individual will be considered Chilean from the moment of the option. Evidence is the annotation in the Interior Ministry Registry.

Letter of Naturalization: Article 10 No. 3 CPE 1980

  1. This corresponds to a derived source of nationality.
  2. The letter of naturalization is granted by Supreme Decree.
  3. It is granted for: Stateless individuals and cases of dual nationality.
  4. The law regulates the process.

Requirements to become naturalized:

  • A) 21 years of age. Exception: Those who are 18 years old and are children of a nationalized Chilean father or mother.
  • B) Residence: 5 years of continuous residence. The law instructs the Ministry of the Interior to evaluate cases of travel.
  • C) Be a holder of a permanent residence permit.
  • D) Does not require renunciation of previous nationality.

Foreigners unfit to become citizens according to Article 3 of Supreme Decree No. 5.142:

  • A) Those convicted or currently being tried for simple crimes or felonies, subject to permanent dismissal.
  • B) Those who are not able to make a living.
  • C) Those who disseminate doctrines or practice that can produce a revolutionary change of the social or political regime.
  • D) For reasons of national security.

Inability established in the Constitution: Article 11, final paragraph: “Only be rehabilitated by law.”

  • Nationalization is issued by the President of the Republic by decree countersigned by the Ministry of the Interior.
  • The granting, refusal, and cancellation of letters of naturalization must be recorded in the Role of Letters of Naturalization.
  • Under Article 14, paragraph 2 of the CPE 1980, individuals may qualify for elective public office only after five years of being in possession of their letters of naturalization.
  • According to Article 25, paragraph 1 of the Constitution, they shall not be eligible to serve as President of the Republic.

Naturalization by Grace: Article 10 No. 4 CPE 1980

  1. It is a recognition made by the State.
  2. Naturalization by grace is granted by law.
  3. The initiative is delivered to the President of the Republic and the parliamentarians.
  4. Grace by law is granted to a person, it is not required for them to receive it.
  5. According to Article 13, paragraph 3 of the Constitution, they require to be resident in Chile for over a year to exercise the rights conferred by citizenship.
  6. According to Article 25, paragraph 1 of the CPE, they may not be President of the Republic.

Causes of Loss of Nationality: Article 11 CPE 1980

  1. Voluntary resignation stated to competent Chilean authorities. This waiver will only take effect if the person has previously been naturalized in a foreign country.
  2. By Supreme Decree, should services be provided during a foreign war to enemies of Chile or its allies.
  3. Upon cancellation of the letter of naturalization.
  4. By law that revokes the nationalization granted by grace. Revocation should be through law, of an ordinary character.

Recovery of Nationality

Article 11, final paragraph: Those who have lost Chilean citizenship for any of the grounds established in this article may be reinstated only by law.

Claim Appeals for the Rehabilitation of Chilean Nationality: Article 12 CPE 1980

Grounds for this appeal:

  1. Resolution of administrative authority that deprives a person of his Chilean citizenship.
  2. Resolution of administrative authority that ignores a person’s Chilean nationality.

Holder of the appeal: The affected person, or anyone on their behalf.

Deadline: 30 days from notification.

Court: Supreme Court, which hears the case as a jury, that is, in conscience and in full court.

How does the Supreme Court act? In a single instance.

Effect of Appeal: The mere filing suspends the effects of the act or decision. There is no need to request an order not to innovate. If the Supreme Court accepts the appeal, it will be retroactive, as if the act or decision was never issued.