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Chile: Whether a woman born in Chile to Chilean parents, who later became a citizen of Argentina, could obtain or recover Chilean nationality; whether her children and her Argentine husband could claim Chilean nationality (update to CHL16258.E of 19 January 1994)

Further to CHL16258.E of 19 January 1994, please find attached a copy of Chapter II of the 1980 Constitution of Chile, which indicates who is considered a Chilean national and provides the conditions for the loss, recovery and acquisition of Chilean nationality. Please note that the attachment makes a distinction between nationality and citizenship, the latter being a status enjoyed by adult Chilean nationals that entitles them to a range of civil rights (Sigler et al, 1991, 40).

During a 14 January 2003 telephone interview, consular staff at the Embassy of Chile in Ottawa indicated that Chapter II of the 1980 Constitution is currently in effect and governs all matters related to Chilean nationality (Chile 2003). The consular staff explained that Chile does not allow dual nationality, and indicated that recovery of lost Chilean nationality is a complicated administrative procedure, which can be followed only when the loss has been involuntary (ibid.).

Acquisition of another nationality or voluntary renounciation of Chilean nationality automatically implies its loss; however, it is acknowledged that in some circumstances Chileans living abroad may have had to renounce their nationality in order to avail themselves of employment, avoid discrimination, or other compelling circumstances that rendered the renunciation a practical necessity (ibid.). In those cases, a person can apply to recover his or her lost Chilean nationality, but the administrative procedure requires the applicant to present proof of the circumstances that led to his or her renunciation of nationality (ibid.).

The recovery, or "extended recognition" (mantención), of Chilean nationality for Chileans who renounced or acquired another nationality and reside abroad is a regulated process that can be carried out through Chilean consular offices (ibid.). If a person is uncertain about whether they can recover their Chilean nationality, they should approach a Chilean consulate for verification (ibid.).

Children of a Chilean parent, and who were born abroad and reside outside Chile, are not automatically considered Chilean nationals: they have to reside in Chile for at least one year before they can be considered for Chilean nationality (ibid.). The foreign spouse of a Chilean residing abroad, or of a former Chilean who returns to Chile and intends to recover Chilean nationality, has to follow the same process as other foreigners who wish to become naturalized Chileans: first, they have to obtain a temporary residence visa, and only after legally residing in Chile for a given period can they apply for naturalization (ibid.)

Finally, the consular source added that Chile has no bilateral agreement with Argentina concerning nationality or citizenship (ibid.).

The Chilean consulate in Vancouver has published information on the new process to follow for the recovery or mantención of Chilean nationality, in effect since May 2002 (28 Aug. 2002). It outlines the various circumstances under which a Chilean who has opted for another country's nationality may apply to have his or her Chilean nationality reinstated or recognized (ibid.). The person must apply before a consulate requesting that his or her original Chilean nationality be acknowledged as current (solicitar que se declare que mantiene la nacionalidad chilena) by virtue of one of the constitutional exceptions to circumstances that lead to loss of nationality, and submit the necessary documents or explaining at the consulate why any required documents are unavailable (ibid.). The consulate serves as a channel for the Migration and Foreign Status Department (Departamento de Extranjería y Migración) of the Ministry of the Interior in Chile, which in turn evaluates the application (ibid.). If all required documentation is complete, an application can be processed within two months, although timeframes can vary (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Chile. Consulate of Chile, Vancouver. 28 August 2002. "Nuevo Procedimiento para mantención de la nacionalidad." <http://www.minrel.cl/pages/subsec/dicoex/ const-legis_1.html> [Accessed 14 Jan. 2003]

_____. Embassy of Chile, Ottawa. 14 January 2003. Telephone interview with consular staff.

Sigler, Jay A. et al. 1991. "Chile." Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications.

Attachment

Sigler, Jay A. et al. 1991. "Chile." Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications, pp. 40-41.