Visa application question in light of new laws

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Huelshoff
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Visa application question in light of new laws

Post by Huelshoff » Mon Jul 16, 2018 3:51 pm

I am married to a Chilean, but our marriage is not registered in Chile. My wife currently lives in Santiago, and I will be joining her in about 11 months, when I retire. I have been looking at the blog about visa questions, and had hit upon the retirement visa as the easiest way to make this transition. Yet the law has changed, and I haven't found any answers that quite fit our situation.

I understand that under the soon-to-be-in-force laws, retirement visas have to be applied for outside Chile. I have also read on the Spencer Global page that it is better to apply for visas in Chile, as the consulates don't get the process right. Finally, my wife has been contacting friends in the government, and she is hearing that as her spouse I am eligible to apply immediately for permanent residency, once our marriage license is registered in Chile. From that point her contacts vary greatly in what they say. One in the Foreign Ministry says to enter as a tourist, register the marriage certificate, and apply for permanent residency. Another, in the Chilean consulate in Houston, says apply now for permanent residency through the San Francisco consulate (we were married in Oregon, which falls under the SF consulate). I know that hearing different things from different people in the government is pretty common, especially when the laws change.


So, I have multiple questions that I am hoping you all can help with. First, under the new laws does one have to apply for all visas outside Chile? Second, does being married to a Chilean make this process any easier or quicker?

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Re: Visa application question in light of new laws

Post by eeuunikkeiexpat » Mon Jul 16, 2018 4:05 pm

That would really piss me off if marriage to a Chilean now allows one to go directly to permanent residency without the temporary residency step.
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Re: Visa application question in light of new laws

Post by admin » Mon Jul 16, 2018 4:31 pm

There is no new immigration law!!!!!!

Let me repeat that, as to insure there is no misunderstanding.

THERE IS NO NEW LAW!!!!
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Re: Visa application question in light of new laws

Post by admin » Mon Jul 16, 2018 4:40 pm

Now that said, hopefully very clearly, the goverment administration is promising a new immigration law on august 1st.

But,.....there still is no new law.

They have not even scheduled congressional hearing to start to consider the proposed law. So some how, magically, on august 1st, there is suppose to be a new immigration law ready to be passed.

Somehow, again through magic (as we can not find any other legal mechanism for it to happen), they are going reform the old law that congress has not been able to reform for 30+ years.

Even if they do manege to someday change the law, the last thing to be changed would be the current part about spouses and family members. Too politically loaded.

There is no direct to perment residency provision in the old law or the proposed new law (at least that i have seen).

Can i send president pinera a bill now, for waisting everyone's time?
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Re: Visa application question in light of new laws

Post by admin » Mon Jul 16, 2018 4:45 pm

What could happen on august 1st, that is more less under the executive branch's authority, is a whole lot of beucratic procedural changes.

In short, a whole lot of beuracratic chaose.

But, as far as the new law, everyone from the temporary girl at the desk in puerto montt that knows nothing, to the head of the legal department at the immigration department, seems to agree there will be no new law by august 1st, and thus the right to change visa status inside the country will remain in effect.
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Huelshoff
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Re: Visa application question in light of new laws

Post by Huelshoff » Mon Jul 16, 2018 5:39 pm

Ok, no new law. A thousand pardons. At best it sounds as if procedures may change after 1 August, but there is no indication what the changes might be, if there are any at all. Can anyone clarify for me what the current law says about spouses?

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Re: Visa application question in light of new laws

Post by eeuunikkeiexpat » Mon Jul 16, 2018 6:29 pm

Everything I needed to know was on the Extranjeria site.
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Re: Visa application question in light of new laws

Post by admin » Mon Jul 16, 2018 6:59 pm

Right now, you enter the country on a tourist visa.

You file. You prove you have resources for your wife to support you durring the temp residency.
Immigration rubber stamps it.

I have seen very few cases of a visa for a spouse being rejected, and typicaly it was cases of people doing it themselves and somehow messing up the application.
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Re: Visa application question in light of new laws

Post by admin » Mon Jul 16, 2018 7:01 pm

FYI, unless there is some dramtic change in the law or procedures, do not apply at the consulates.

As you found out, they really have no clue about anything.

You need an official copy of your marriage certifact and an apostile, or you could just get married in chile again.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

Huelshoff
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Re: Visa application question in light of new laws

Post by Huelshoff » Mon Jul 16, 2018 7:52 pm

admin wrote:
Mon Jul 16, 2018 6:59 pm
You file. You prove you have resources for your wife to support you durring the temp residency.
Immigration rubber stamps it.
This was part of my original question--retirement visa or regular process. To clarify, my wife works part time at the U de Chile med school, and her income is rather small. My retirement income, in contrast, seems to easily surpass what is expected to support us. Which route makes most sense? Can I transit from retirement to (eventually) permanent residency visas? If its the former, what docs do I need to show this income? Letters from my pension providers (notarized, appostilled, and translated, of course)?

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eeuunikkeiexpat
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Re: Visa application question in light of new laws

Post by eeuunikkeiexpat » Mon Jul 16, 2018 7:58 pm

Good luck, let us know how it goes.
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Re: Visa application question in light of new laws

Post by Gloria » Mon Jul 16, 2018 9:52 pm

:twisted:
Huelshoff wrote:
Mon Jul 16, 2018 7:52 pm
admin wrote:
Mon Jul 16, 2018 6:59 pm
You file. You prove you have resources for your wife to support you durring the temp residency.
Immigration rubber stamps it.
This was part of my original question--retirement visa or regular process. To clarify, my wife works part time at the U de Chile med school, and her income is rather small. My retirement income, in contrast, seems to easily surpass what is expected to support us. Which route makes most sense? Can I transit from retirement to (eventually) permanent residency visas? If its the former, what docs do I need to show this income? Letters from my pension providers (notarized, appostilled, and translated, of course)?
:?:
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