Immigration in Chile Under Kast: What Changed?
Chile has tightened border controls, naturalisation and birthright citizenship under President Kast. What actually changed, and what it means for residents.
Anyone who applied for temporary residency in Chile in 2025 and still hasn’t received an answer isn’t alone: the National Migration Service (SERMIG) inherited a backlog of 185,250 pending residency applications and 120,000 pending naturalization requests when the new administration took office. At the same time, anyone with a child born on Chilean soil now faces a question that barely existed a few months ago: does that child still have an automatic right to Chilean citizenship?
Since José Antonio Kast took office as President of Chile on March 11, 2026, the country’s immigration policy has shifted faster and more visibly than at any point in recent years. But not everything announced is already a rule in force — and not everything that changed affects someone already living legally in the country, someone planning to migrate through regular channels, and someone in an irregular situation, in the same way. This guide separates exactly that: what’s already in effect, what still depends on Congress, and what, despite the headlines, remains unchanged.
Why Kast’s arrival changes the landscape for anyone living in or planning to move to Chile
Immigration was one of the central themes of Kast’s campaign and, consistently, of the first weeks of his government as well. Hours after being sworn in, the president signed six executive decrees, three of them directly tied to borders and immigration: the National Border Closure Policy, the creation of a presidential commissioner post for the Northern Macrozone (filled by retired Vice Admiral Alberto Soto), and the launch of the so-called Border Shield Plan.
Nearly five months into the administration, the picture is already measurable. According to SERMIG’s own 2026 Public Report, presented on July 28, 2026 by national director Frank Sauerbaum, the agency has already carried out 1,289 administrative deportations during the period — a 1.73% increase over the total for all of 2025 — in addition to a new Enforcement and Deportations Directorate created specifically to speed up these processes.
For anyone with a personal or financial interest in Chile — resident family, children born in the country, an ongoing residency process, or plans to migrate in 2026 — the relevant point isn’t the political rhetoric, but what actually changes in the paperwork, the timeline, and the risk of each situation.
Timeline: the main changes since March 2026
Border Shield: physical control and more deportations
The Border Shield Plan, formally launched in Arica on March 16, 2026, combines four fronts: a legal measure (classifying irregular entry as a criminal offense rather than just an administrative infraction — a bill still pending, see below), physical barriers (five-meter walls and three-meter-deep trenches in the most critical sectors of the Northern Macrozone), technological surveillance (drones and sensors), and reinforced military personnel, which grew 89% in the region since March, according to the Ministry of Defense.
Results presented to the Senate in May 2026 show a 79.3% drop in reports of entry through unauthorized crossings between March 11 and May 6, 2026, compared to the same period in 2022. SERMIG also reported that more than 2,180 Venezuelan citizens voluntarily left Chile since Kast’s election victory in December 2025 — an effect authorities attribute to the crackdown announced even before he took office.
What this means in practice: for someone already regularized, little changes day to day. For someone attempting to enter Chile outside official crossings, the risk of detection, detention, and deportation proceedings has increased measurably.
Voluntary Return Plan for irregular status
In his first Public Account address, on June 1, 2026, Kast announced the “Return Plan,” aimed at the more than 240,000 people in an irregular migration situation in the country. The proposal — which depends on a bill and administrative measures not yet finalized — would allow these individuals to leave Chile without penalties and later apply for reentry through regular channels. According to SERMIG, applications will be submitted online, with a 180-day window starting once the platform becomes available — which, as of this article’s publication, had not yet happened.
Disclaimer: the Voluntary Return Plan is, so far, a public policy announcement, not a rule in force. Its implementation depends on administrative regulation and, in part, on legislative approval. This content will be updated once a rule is published in the Official Gazette.
SERMIG: new leadership, an inherited backlog, and AI-driven digitization
The July 28, 2026 Public Report revealed the scale of the backlog inherited from the previous administration: 185,250 pending temporary and permanent residency applications, 120,000 pending naturalization requests, more than 46,000 unexecuted deportation orders, and more than 19,000 unanswered transparency requests. In response, SERMIG announced the gradual rollout of artificial intelligence in its administrative system, with a goal of cutting processing times for immigration procedures by 30% by the end of 2026.
Changes to Decree No. 177 (which regulates Temporary Residency subcategories) were also announced: adjustments to permits for victims of gender-based and domestic violence, strengthened humanitarian protections for the pregnant-women permit, adjustments for religious entities and foreign students, and the introduction of electronic mechanisms for hiring workers from abroad. As of this article’s publication, these changes were still in the administrative process — no modifications were identified to the criteria for the Investor, Rentier/Retiree, or employment-based (subordinate work) categories, which continue to be governed by the same rules set in 2022.
Circulars 14 and 16 from the Civil Registry: nationality of foreign nationals’ children
This is possibly the most sensitive administrative change for foreign families living in Chile. On April 13, 2026, the Civil Registry and Identification Service (SRCeI) published Circular No. 014, instructing civil registrars to verify the immigration status of parents at the time a birth is registered. Under the circular, if the birth occurs during a Temporary Stay period (tourist visa) or in an irregular immigration situation, the child must be registered as the “child of a foreign transient” — a category that, under the Chilean Constitution, doesn’t grant an automatic right to Chilean citizenship.
The measure sparked significant controversy: opposition lawmakers brought the case to the Comptroller General’s Office, challenging its constitutionality, and specialized attorneys warned of a risk of statelessness for children born in Chile. On May 4, 2026, the Civil Registry itself published Circular No. 016, attempting to clarify that the goal was to curb agency-facilitated “birth tourism” — without, according to the agency, harming anyone genuinely residing in the country. Even so, specific cases have already reached the courts: the first legal action was filed with the Santiago Court of Appeals on April 2, 2026, and in July 2026 SERMIG itself asked the Civil Registry to review the nationality status of 24 children of Russian parents who had been classified as “foreign transients.”
Disclaimer: the interpretation of the “foreign transient” category is under administrative and judicial dispute in Chile. Families with children born in the country during a Temporary Stay period — even if they now hold regularized Temporary or Permanent Residency — should verify how the birth was registered and, if necessary, seek specialized legal advice. This content may be updated as the case law develops.
What changes for those already living legally in Chile
Naturalization: the waiting period could double, but it isn’t law yet
Since November 2024, still under the previous administration, a bill (Bulletin 15139-06) has been moving through Congress that broadly reforms the Migration and Immigration Law (Law No. 21,325). Among the proposed changes: raising the minimum residency period required to apply for Chilean naturalization from 5 to 10 years, creating a knowledge test for applicants, eliminating so-called “qualified naturalization” (which allows applying for citizenship after only 2 years of residency based on family ties — except for athletes), and expanding the grounds for deportation and revocation of immigration permits.
The bill was approved in general terms by the Senate in January 2025 and, as of this article’s publication, was still under detailed review in the Senate’s Government, Decentralization, and Regionalization Committee — meaning it is not yet law. A related bill that classifies clandestine entry into the country as a criminal offense (Bulletin 15261-25) is also still pending in the Senate.
Disclaimer: the current naturalization rules — 5 years of residency, no knowledge test — remain in effect while the bill hasn’t been enacted. Anyone close to completing the minimum period has a real incentive today not to delay their application.
Temporary and Permanent Residency: same rules, longer line
The Temporary Residency categories (Investor, Rentier/Retiree, employment-based, among others) continue to be governed by Decree No. 177 of 2022, with no changes to financial or documentary requirements published so far. The minimum time required to apply for Permanent Residency also hasn’t changed: 24 months holding Temporary Residency (or 12 months in specific cases, such as family ties with a Chilean citizen or permanent resident, under Article 79 of Law No. 21,325 and Article 66 of its regulations).
What changed in practice is the size of the backlog: with 185,250 applications pending from the previous administration, actual wait times may be longer than historical averages, even though the rule itself hasn’t changed. SERMIG’s bet to reverse this is AI-driven digitization, with a stated goal of cutting average processing time by 30% by the end of 2026 — a goal for which, as of this article’s publication, no measurable results had been released.
Families with children born in Chile: what to check now
If you have a child born in Chile while you held a Temporary Stay (tourist) permit or were in an irregular immigration situation, check how the birth was registered with the Civil Registry. If the registration lists the child as a “child of a foreign transient,” there are two administrative and judicial paths to reverse the situation: requesting a nationality ruling from SERMIG (the agency responsible for resolving questions about immigration status) or, within 30 days of the act that denied or failed to recognize citizenship, appealing directly to the Supreme Court under Article 12 of the Chilean Constitution.
What changes for anyone planning to move to Chile in 2026
High-standard visas remain largely unchanged
For Global & Co.’s typical audience — investors, rentiers, retirees, and high-income professionals — the most relevant news is precisely the absence of change across the three main residency pathways. Anyone still deciding which category best fits their profile should review our complete guide to Chilean residency for investors and rentiers before moving forward with documentation:
| Category | Main requirement | Modified under the Kast government? |
|---|---|---|
| Investor Visa | Minimum investment of US$500,000 in a productive activity, with an InvestChile sponsorship letter | No. The 2022 rules remain in effect |
| Rentier/Retiree Visa | Stable passive income (rent, dividends, pension) — a practical reference range of US$1,000 to US$1,500 monthly, or a US$125,000 single contribution | No. The 2022 rules remain in effect |
| Employment-based residency (subordinate work) | Formal employment contract with a Chilean employer | No changes to requirements; part of the remote-hiring process from abroad is being digitized |
| Mercosur Residency Agreement | Nationality of a Mercosur member or associate state, with no criminal record | No. The bilateral Kast-Lula meeting in June 2026 strengthened economic cooperation between the two countries |
| Naturalization (after permanent residency) | Currently: 5 years of residency | The pending bill proposes raising it to 10 years — not yet law |
The Mercosur Agreement remains in effect for Brazilian citizens
Despite the more restrictive tone of general immigration policy, no changes were identified to the Mercosur Residency Agreement, which remains the simplest path to temporary residency in Chile for citizens of Brazil, Argentina, Uruguay, Paraguay, and Bolivia — with immediate work authorization and the possibility of permanent residency after a qualifying period. The bilateral relationship between Chile and Brazil, in fact, remained institutionally cordial: on June 30, 2026, on the sidelines of the Mercosur Summit in Asunción, Kast and Brazilian President Luiz Inácio Lula da Silva announced economic cooperation agreements, and the Brazilian president invited his Chilean counterpart to visit Brazil later in 2026.
Irregular status: growing risk, no comfortable middle ground
Anyone already in Chile in an irregular situation — or planning to enter outside official channels — now faces a costlier landscape than a year ago: more enforcement, more administrative deportations, a Voluntary Return Plan that isn’t yet operational, and a National Border Closure Policy that has already increased military presence by 89% in the Northern Macrozone. Regularizing one’s status from within Chile — when the immigration category allows it — or seeking legal advice before making any decision has gone from advisable to, in practice, urgent.
What hasn’t changed (and why that matters)
Tax residency: the SII’s rules remain the same
One point that often causes confusion — even among people already living in Chile — is the difference between immigration residency (SERMIG) and tax residency (Servicio de Impuestos Internos, SII). As of this article’s publication, no change driven by the Kast government has been identified to the criteria for tax residency and domicile in Chile. The rule remains as set out in SII Circular No. 63: a person becomes a tax resident if they remain in Chile for more than 183 days — consecutive or not — within a 12-month period; and loses that status if they are absent for 184 days or more, provided they can show they moved the “main seat of their business” outside the country. The benefit of being taxed only on Chilean-source income during the first three years of residency (extendable by three more, upon request to the SII) also remains in effect.
This matters because the decision of when and how to become a Chilean tax resident remains strictly a matter of tax planning — not one affected by the immigration changes described above. The two areas are independent and should be evaluated separately. To understand the SII’s criteria and the three-year regime in detail, see our guide to Chilean tax residency.
Comparison table: the situation before and after March 2026
| Topic | Through March 2026 | Situation as of August 2026 |
|---|---|---|
| Northern border control | Conventional enforcement, no large-scale physical barriers | Walls, trenches, drones, and an 89% increase in military presence in the Northern Macrozone |
| Administrative deportations | Processes with a significant accumulated backlog | New Enforcement and Deportations Directorate; 1,289 deportations carried out through July 2026 |
| Irregular status | No formal penalty-free exit program | Voluntary Return Plan announced, but not yet operational |
| Nationality of foreign nationals’ children born in Chile | Established criteria, no recent restrictive instruction | Circulars 14 and 16 under administrative and judicial dispute |
| Minimum period for naturalization | 5 years of residency | 5 years (bill proposing 10 years still pending in the Senate) |
| Investor, Rentier, and Retiree visas | Rules under Decree No. 177/2022 | Same rules; no changes to financial requirements |
| Tax residency (SII) | 183/184-day rule and economic criteria (Circular 63) | Unchanged |
| Mercosur Residency Agreement | In effect for Brazilians and other bloc nationals | In effect, unchanged; Chile-Brazil bilateral relationship strengthened in June 2026 |
Common mistakes when interpreting these changes
- Confusing an announcement with a rule in force. The Voluntary Return Plan and much of the changes to Decree No. 177 have been announced, but still depend on regulation or legislative approval.
- Believing the naturalization reform is already in effect. The 5-year period remains in force until the bill is actually enacted and published in the Official Gazette.
- Assuming children born in Chile before April 2026 are automatically protected. The controversy over Circulars 14 and 16 has already prompted requests to retroactively review specific cases; it’s worth checking the birth record regardless of the date.
- Believing the immigration crackdown affects the Investor, Rentier, or Mercosur visa. So far, these three pathways remain under the same conditions as in 2022.
- Mixing up immigration residency with tax residency. These are different processes handled by different authorities (SERMIG and SII), with rules that haven’t changed together.
Practical recommendations from Global & Co.
- If you already have an ongoing residency or naturalization process: check the protocol number on SERMIG’s Digital Procedures Portal and document the timelines — the inherited backlog is real, and having formal proof of your process’s progress is the best protection against administrative errors.
- If you’re close to completing 5 years of permanent residency: consider not delaying your naturalization application while the current rule is still in effect.
- If you have children born in Chile during a Temporary Stay period: review how the birth was registered and, if in doubt, seek legal advice before the child turns 18 — a relevant deadline for future regularization pathways.
- If you’re a citizen of a Mercosur country evaluating that agreement: this remains, today, the simplest path to temporary residency, with no signs of change in the short term.
- If you’re evaluating residency through investment, passive income, or retirement: the financial requirements haven’t changed — but plan for longer processing times until SERMIG’s 30% reduction goal is confirmed in practice.
- If your immigration status is irregular: assess with legal advice whether any existing regularization mechanism already applies to your case, rather than waiting for the Voluntary Return Plan to be regulated.
Frequently asked questions
Do the changes under the Kast government affect someone who already has permanent residency in Chile?
Not directly. Anyone who already holds Permanent Residency keeps their status. The point to watch is for naturalization applications not yet filed, should the bill raising the minimum period to 10 years pass, and for families with children born in the country under the Circular 14 and 16 controversy.
Has the Mercosur Residency Agreement stopped working for Brazilian citizens?
No. No changes to that agreement have been identified as of this article’s publication. In fact, the bilateral relationship between Chile and Brazil was strengthened at a meeting between Presidents Kast and Lula in June 2026.
Is it true that becoming a naturalized Chilean citizen has gotten harder?
Not formally, not yet. The current rule still requires 5 years of residency. There’s a bill, pending in the Senate since 2024, that proposes raising that period to 10 years and creating a knowledge test — but it hasn’t been enacted.
My child was born in Chile while I held a tourist visa. Does he or she still have a right to Chilean citizenship?
It depends on how the birth was registered with the Civil Registry. Since April 2026, an instruction (Circular No. 14, partially adjusted by Circular No. 16) directs civil registrars to classify children born during a Temporary Stay as “children of a foreign transient,” a category with no automatic right to citizenship. The measure is being challenged before the Comptroller General’s Office and in the Chilean courts. We recommend verifying your specific record with legal advice.
Do the changes affect someone who already lives legally in Chile and pays taxes there?
The SII’s tax residency rules haven’t been modified by the Kast government so far. Immigration residency and tax residency are assessed by different agencies under different criteria.
How can I know whether the changes pending in Congress will affect my specific process?
Since most of the more restrictive changes are still under legislative discussion or administrative regulation, the safest approach is to track your individual case with specialized advice, rather than making decisions based solely on government announcements.
Conclusion
The Kast government has, in fact, brought the fastest shift in Chilean immigration policy in recent years — but concentrated, so far, on three specific fronts: physical control of the northern border, faster administrative deportations, and a review of the criteria for birthright citizenship. The broader reforms, such as extending the naturalization period and criminalizing clandestine entry, still depend on Congress. And the pillars that matter most to anyone evaluating investing, retiring, or building tax residency in Chile — the Investor and Rentier/Retiree visas, the Mercosur Agreement, and the SII’s tax residency rules — remain, so far, unchanged.
This doesn’t mean the landscape is static: with an immigration reform bill advancing through the Senate and a Voluntary Return Plan still to be regulated, the coming months should bring concrete developments. This content will be updated as any of these rules move forward.
If your situation involves an ongoing residency process, naturalization planning, children born in Chile during a tourist stay, or an evaluation of Chilean tax residency, Global & Co. can help translate this landscape into a practical decision for your case.
Disclaimer: a significant part of the changes described in this article — naturalization reform, the criminalization of clandestine entry, and regulation of the Voluntary Return Plan — still depends on legislative action or administrative regulation and may change before taking effect. This content reflects the legislation and administrative acts in effect as of its publication date and may be updated as new rules are published.
This content is for informational purposes only and was prepared based on the legislation in effect as of its publication date. It does not constitute legal, tax, or accounting advice. Each situation should be reviewed individually by qualified professionals.