According to the provisions of Article 79 of the Immigration Law, in order to apply for Permanent Residency in Chile, two requirements must be met: 1) Be the holder of a Temporary Residence permit that admits the application for Permanent Residence, and 2) Have resided in Chile as the holder of such Temporary Residence permit for at least 24 months. Next, we will see which are the subcategories of temporary residence that allow to apply for Permanent Residency in Chile and the rules about the time of residence in Chile during the validity of the temporary residence permit.

Temporary Residence Permits that allow to apply for Permanent Residency

By application of the final paragraph of article 70 of the Immigration Law, and article 12 of Supreme Decree 177 of 2022, which establishes the migratory subcategories of Temporary Residence, the holders of the following temporary residence permits shall be entitled to apply for Permanent Residence:

(a) Permit for family reunification (Articles 12 to 16 of Supreme Decree 177/2022).
(b) Permit for foreigners who carry out paid lawful activities (Articles 17 to 22 of Supreme Decree 177/2022).
(c) Permit for foreigners seeking to settle in the country for the purpose of studying in educational establishments recognized by the State (Articles 23 to 27 of Supreme Decree 177/2022).
(d) Permit for employment opportunities (Articles 28 to 30 of Supreme Decree 177/2022).
(e) Permission granted for humanitarian reasons (articles 36 to 45 of Supreme Decree 177/2022).
This permit is subclassified into:
1.- Permit for victims of human trafficking.
2.- Permit for victims of domestic or gender violence.
3.- Permit for victims of smuggling of migrants.
4.- Special permission for foreign women in situation of pregnancy.
5.- Situation of children and adolescents.
(f) Permit for persons under international agreements (article 46 of Supreme Decree 177/2022).
(g) Permission for religious persons of officially recognized cults (articles 47 to 49 of Supreme Decree 177/2022).
(h) Permit for retired foreigners and annuitants (articles 53 to 59 of Supreme Decree 177/2022).
(i) Permit for former holders of permanent residence (Articles 60 and 61 of Supreme Decree 177/2022).
(j) Permit for investors and related personnel (Articles 62 to 64 of of Supreme Decree 177/2022).
(k) Multiple-entry business permit (Articles 65 and 66 of Supreme Decree 177/2022).
(l) Permit for refugees and political asylum seekers (Articles 67 to 71 of Supreme Decree 177/2022).

Residency in Chile for at least 24 months

The second requirement, according to Article 79 of the Immigration Law, is to have resided in Chile for at least 24 months as holder of a Temporary Residence permit that allows to apply for Permanent Residence.

However, there are cases in which it is allowed to apply for Permanent Residence with less than 24 months of residence and cases in which a residence time longer than 24 months may be required.

a) Cases in which it is possible to apply for Permanent Residency with less than 24 months of residence

According to the provisions of articles 79 of the Immigration Law and 66 of the Regulation of the Immigration Law, the period of residence required to apply for Permanent Residence may be reduced, which, in any case, may not be less than 12 months, in the following cases, linked to personal circumstances of the applicant:

  1. Existence of family ties with Chilean nationals, or with definitive residents: This tie must be accredited with original documents, duly legalized or apostilled when appropriate. In those cases that do not involve any of the family relationships described in the final paragraph of Article 77 of Law No. 21.3251, the National Immigration Service may consider information provided by the applicant regarding the existence of an effective link.
  2. Official missions carried out in Chile: The performance of such missions will be considered to reduce the residence time only when they are the basis of the temporary residence permit held at the time of application.
  3. Availability of income or pensions: The decrease in the time of residence will be considered when the applicant possesses at the time of application, a temporary residence permit in the migratory subcategory of retirees and annuitants.
  4. Investments made and/or companies that prove effective operation in Chile: In order to qualify for the reduction of the residence time in this case, the company must have been in operation for at least 2 years or have made investments continuously for at least 18 months.
  5. Contribution to the social, cultural, artistic, scientific and/or sports field: The concurrence of these conditions will be assessed on a case-by-case basis. In his application, the interested must state the arguments by virtue of which he considers that the cause should be applied in his case, attaching relevant documents to support his claims.
  6. Other cases provided for in international agreements ratified by Chile and in force.

b) Cases in which a residence period of more than 24 months is required to apply for Permanent Residence

1) Insufficient means of subsistence for the applicant for Permanent Residence and his or her family group

If at the time of application, the applicant’s income does not exceed the means of subsistence for him/her and his/her family group, according to the indicators estimated by the Ministry of Social Development and Family, understood as the situation of those households whose income is below the minimum established to satisfy the basic needs of its members, a residence in the country of at least 36 months must be accredited in order to apply for Permanent Residence.

2) Applicant's employment stability during his period of residence

All those who wish to apply for Permanent Residency must demonstrate labor stability, understood as the performance of any lawful economic activity, autonomously or as a dependent, that allows accrediting income for at least half of the months of temporary residence in the country. 

In those cases in which the applicant demonstrates with documentation that he/she has had labor stability for more than 12 months in a period of temporary residence of 24 months, continuous or discontinuous, 24 months of residence will be required to apply for the Definitive Residence. 

In the event that there are intervals totaling more than 12 months in which no income has been received, continuous or discontinuous, it will only be possible to apply for Permanent Residence once 36 months of residence have been completed.

Among the documents to be required by the National Immigration Service to prove income during at least half of the months of temporary residence in Chile, the following must always be considered, at least:
a) In the case of dependent workers: remuneration statements and historical card of mandatory social security contributions, the latter issued by the corresponding Pension Fund Administrator (AFP), and current employment contract.
b) In the case of self-employed workers, pensioners, retirees, among others, when applicable:
– Tax folder of the taxpayer, issued by the Internal Revenue Service.
– Contribution card issued by the pertinent Pension Fund Administrator, in the case of an independent worker who contributes to said social security system.
– Proof of payment of pensions due to retirement, disability, or others.

3) Absences from the country and their duration

If the holder of a temporary residence permit has been absent from the country for more than 2 months, continuous or discontinuous, a residence period of more than 24 months will be required to apply for Permanent Residence, according to the following table:

Range of months of absence

Number of months of residence

2 months of absence or less, continuous or discontinued

At least 24 months of residence

From more than 2 months up to 6 months of absence, continuous or discontinuous

At least 30 months of residence

From more than 6 months to 12 months of absence, continuous or discontinuous

At least 36 months of residence

More than 12 months of absence, continuous or discontinued

48 months of residence

Table: Article 65 No. 3 of the Regulation of the Immigration Law

4) Commission of immigration infractions

A residence period of more than 24 months will be required when migratory infractions of those indicated in Title VII of Law No. 21,325 have been committed.

  • In the case of an infraction applied by means of a final and fully processed administrative act, of those contained in Paragraph I of Title VII of the Immigration and Alien Law, referring to less serious infractions, a period of residence of at least 30 months will be required.
  • In the event of a repeat offense of the aforementioned infraction, or in general of the commission of 2 or more less serious infractions, a period of residence of at least 36 months will be required.
  • In the case of any infraction applied by means of a final and fully processed administrative act, of those contained in Paragraph II of Title VII of the Immigration and Alien Law, referring to serious immigration infractions, a period of residence of 42 months will be required.
  • In the event of a repeat offence of the above offence, or in general of the commission of 2 or more serious immigration offences, a period of residence of at least 48 months will be required.
  • When an equal number of less serious and serious infractions are verified, the period of residence shall be determined in accordance with the latter (serious infractions).

5) Commission of infractions of labor, social security, environmental, sanitary, tax, customs or other violations of the Chilean legal system, and their seriousness

A residence period of more than 24 months will be required when violations to labor, social security, environmental, sanitary, tax, customs or other violations to the Chilean legal system have been committed.

When the existence of any of such infractions is formally established, whether of an administrative or jurisdictional nature, and provided that they are final and enforceable, the National Immigration Service, upon request of the interested party who is in such hypothesis, shall establish by means of a resolution the period of residence that the interested party must prove in order to apply for definitive residence, which in no case may be less than 36 months.