Registro Civil denies to renew my ID card (cédula)

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paty_chile
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Registro Civil denies to renew my ID card (cédula)

Post by paty_chile » Thu Jun 20, 2019 4:47 pm

Hey everyone,

The Registro Civil is driving me crazy and I am hoping that someone here knows what to do or has been in a similar situation. They keep denying me the renewal of my ID card (they´ve rejected it 5 times!!!). The thing is that I was in Chile in 2004 as an exchange student, and I had a valid Cédula as, say, "Patricia Müller". In 2008 I married a Chilean in Germany and took his surnames, let´s say González Gutiérrez. Thus, my German passport says "Patricia González Gutiérrez, née Müller". We have been in Chile now since January and I have been trying to get a valid ID card, which just doesn´t work (in my case it´s ID card renewal, because I have been in Chile before and have been assigned a RUT in 2004).

When we registered our marriage and the births of our children at the Chilean consulship in Germany, they told me that in Chile I would be "Patricia Müller" again. Hence, our children were registered as "González Müller", which is their official name in Chile.

Conversely, I started trying to obtain an ID card as "Patricia Müller", which has failed four times. My latest attempt was to obtain it as "Patricia González Gutiérrez", which also failed. They always say that the surnames on my different documents do not match. My visa temporaria says "González Gutiérrez" (at the consulship they told me that they could not put my birth name on the visa), as does my PDI certificate, which originally was issued on the surname "Müller", and I changed it to "González Gutiérrez" right before my latest attempt to obtain the ID card, because I tried to obtain it as "Patricia González Gutiérrez". However, since my birth name "Müller" does not appear on either of these two documents, but it does so on my passport, they keep rejecting the cédula.

I have tried different things, such as enclosing my certificate of marriage, enclosing a document issued by the Ministerio de Relaciones Exteriores in Santiago (explaining the name change through marriage), enclosing a document issued by the German consulship (explaining the name change even better and explicitly saying that "Patricia Müller" and "Patricia González Gutiérrez, geb. Müller" are the same person). Nothing worked. I suppose they don´t even look at these documents...

My big hope is that someone here has been in a similar situation and knows what else I could try to obtain a valid cédula. The Registro Civil is not very helpful (tip of the day: "Why don´t you change the name on your passport?"). Any hint will be greatly appreciated!

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tiagoabner
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Re: Registro Civil denies to renew my ID card (cédula)

Post by tiagoabner » Thu Jun 20, 2019 5:30 pm

Given that this is Chile, getting a new passport at your embassy to reflect your married name may in fact be a viable solution to the issue. Did they give you more information why you were refused an ID? At what office did you request it? Was it the same person every time?

paty_chile
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Re: Registro Civil denies to renew my ID card (cédula)

Post by paty_chile » Thu Jun 20, 2019 5:43 pm

Hi, my married name is in my passport (Patricia González Gutiérrez, née Müller), but for example my visa only says "Patricia González Gutiérrez", without my birth name, and it says the same on the PDI certificate. At the Chilean consulship in Germany, which issued my visa, they told me that they could not put my birth name on the visa for legal reasons.
The reason for rejection seems to be that Registro Civil wants a 100% correspondence of the names, which is impossible, and they do not accept any explanations (even official ones from the ministerio de relaciones exteriores and German consulship) detailing the name change process in Germany.
I requested the cédula in Concepción the five times with different persons. In any case, the person who receives the application does not decide on the cédula; they send everything to the main office in Santiago.

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tiagoabner
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Re: Registro Civil denies to renew my ID card (cédula)

Post by tiagoabner » Thu Jun 20, 2019 6:02 pm

After five times, it sounds like consulting a professional may be in order. I'm not sure if they handle this kind of case, but this site's owner has a legal company. It may be worth giving them a call to check if they handle this kind of case.

Hindsight is 20/20, but this is an example of why applying for a visa abroad is usually worse than doing it in Chile.

paty_chile
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Re: Registro Civil denies to renew my ID card (cédula)

Post by paty_chile » Thu Jun 20, 2019 6:08 pm

Yep, somebody at some point through this painful journey told me that I could try to change mi visa here in Chile. Maybe that´s the next step, although I am not sure whether they´ll be able to put it exactly the same way as on my passport...

paty_chile
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Re: Registro Civil denies to renew my ID card (cédula)

Post by paty_chile » Thu Jun 20, 2019 6:13 pm

Anyways, I really don´t understand why they can´t seem to handle my case. Guess I am not the first one who changed their last name at some point and has a birth and a married name on their passport!

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admin
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Re: Registro Civil denies to renew my ID card (cédula)

Post by admin » Fri Jun 21, 2019 8:08 am

that sounds like a fine mess. also another case of don't take legal advise from the under trained secretaries at the consulates.

Chile fundementally does not recognize legal name changes in other countries, even if it is by marriage.

Among other things, you need to prove you have been "known as ..." for 5 years, you need to go to court, and just generally it is a long costly process.

Changing your name back in germany is probably the faster route.

We had a case recently where a woman bought property under one name, got married outside the country taking her husbands name, and could not sell the property because the names did not match the title. We almost had to have her legally change her name back in her home country simply to sell the property. luckily she found her old passport, as she had not been married that long.

There is possibly a remote chance of filing an appeal with the civil registery over it, but that would need to be looked in to due to the circumstances involved. That is not something that is fast and easy either.
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paty_chile
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Re: Registro Civil denies to renew my ID card (cédula)

Post by paty_chile » Fri Jun 21, 2019 10:31 am

Thanks, admin, for your answer. I also considered the option of changing back my name in Germany, but it´s close to impossible according to German law (I would need to get a divorce first, then change back my name, and then marry my husband again).

An appeal is actually an interesting option, because my impression is that they did not even look at all the additional documents, which explain the name change in Germany and which explicitly state that despite the different names all the documents belong to the same person. I was wondering where I could complain? Because reclamos.cl will not have any impact, I guess. Same for sending a reclamo via the Registro Civil homepage.

Zenth
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Re: Registro Civil denies to renew my ID card (cédula)

Post by Zenth » Fri Jun 21, 2019 8:48 pm

Paty, Its almost always better to come to Chile with your patos in a row. If not, hire the admin.
Good Luck,

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