Losing residency while waiting for citizenship?

Anything related to legal issues, immigration, problems, regulations, tax issues, or any other law or legal related problem in Chile. Moderated By A Chilean Attorney.

Moderator: Zvalenzuela

Post Reply
bigfort
Rank: Chile Forum Tourist
Posts: 22
Joined: Wed Jul 08, 2015 4:41 pm

Losing residency while waiting for citizenship?

Post by bigfort » Wed Oct 02, 2019 11:59 am

Hey,
I obtained permanent residency in 2013 and applied for citizenship in 2018. I have gone through the interview a year ago, and was asked to send more documentation, pay the fee and the permanent residency card in early January 2019. I did send in everything they asked for.
Circumstances would have it that I have had a lot of other things to do over the past year in other places, my cedula expired and now it's getting close to me not having been in Chile for a year. Normally I would have been able to file for an extension with a Chilean embassy, but that was not possible this year as it had already been mailed in.

So now I am wondering: A) Should I travel back to Chile before the 1 year deadline on a very short trip just to make sure the residency doesn't expire? B) I am guessing they will let me in to the country with my foreign passport plus expired cedula, but will they let me back out again? Or would I then have to wait inside of Chile for the process to finish?

User avatar
admin
Site Admin
Posts: 18177
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: Losing residency while waiting for citizenship?

Post by admin » Wed Oct 02, 2019 3:41 pm

uhmm, yea, this is why we warn people to renew their ID before filing for citizenship. The citizenship process was originally envisioned to be a relatively rare occurrence, that would be processed relatively quickly. It is in fact taking about 2+ years, and seems to only happen about once per administration, as the president has to sign the citizenship decrees.

That residency decree letter you had to surrender to apply, is required to renew your ID. You have not technically lost your residency, all other things being equal (i.e. you were not convicted of some major crime). Your last immigration status is still valid, however you will be stuck in a bureaucratic blackhole between the two.

The only thing you could try, is request a new copy of your residency letter (as if you lost it). There is a small (actually large) possibility, that the two bureaucracies actually don't talk to you each other. Warning, there is a real possibility of making a mess out of both; again, that assumes an unusual level of coordination between government bureaucracies.
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.

bigfort
Rank: Chile Forum Tourist
Posts: 22
Joined: Wed Jul 08, 2015 4:41 pm

Re: Losing residency while waiting for citizenship?

Post by bigfort » Wed Oct 02, 2019 6:10 pm

> uhmm, yea, this is why we warn people to renew their ID before filing for citizenship.

I realize now that that would have been a really good idea.

> Your last immigration status is still valid, however you will be stuck in a bureaucratic blackhole between the two.

Yes, but if I stay outside of Chile for more than a year, it will be lost, at least in theory, right?

I called the official number at Extranjeria, and they told me that once back in Chile, I should send them a letter asking for the residency decree letter back for the purpose of applying for an ID. It would then take about a month for them to send it back to me. Once in my possession, I should apply for an ID, and then mail it back to Extranjeria. So it should be possible, but it sounds like quite a lengthy process.

So I am wondering: If one only has an expired ID, but a valid foreign passport, can they deny you to leave the country? Has this happened before?

> It is in fact taking about 2+ years, and seems to only happen about once per administration, as the president has to sign the citizenship decrees.

Does that mean that all citizenship applications from several years receive their approval at the same time?

Related: I first sent in my application in early 2018 with papers showing income going back a year as well as criminal records check from home country and Chile, etc. . When I then received my pre-approval in early 2019, they included some words referring to "Art. 11 del D.S. N°5.142" saying that all the papers I had sent in were only valid for a year and therefore they asked me to prove my income during 2018 and an updated criminal records check from home country + Chile. Now I am wondering: Given that this will likely last a good while longer, is it possible or probable that they could send me another letter in early 2020, asking me to update my documentation a second time given that the last documentation has now expired?

User avatar
admin
Site Admin
Posts: 18177
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: Losing residency while waiting for citizenship?

Post by admin » Thu Oct 03, 2019 8:47 am

o.k., well entering the country will solve the keeping your residency valid.

the sending back your letter, in theory would solve the renewing the id problem. i am not so sure about throwing a wrench in your citizenship application; but, give it a try. not much choice.

the leaving the country thing, you will probably be fine, if you dont get your id renewed, simply explaining the problem to PDI with the expired id and valid passport.

the poor pdi probably put up with a lot more incompetence from the department of immigration than that. bring lots of documents proving your correspondence with the department of immigration.
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.

Post Reply