Law No. 21 325 of Migración y Extranjería recognizes the best interest of the child or adolescent among its Fundamental Principles.
“The State shall adopt all administrative, legislative and judicial measures necessary to ensure the full exercise and enjoyment of the rights of children and adolescents, as set forth in the Political Constitution of the Republic, the laws and international treaties ratified by Chile and in force, as soon as they enter the country and regardless of the migratory status of their parents or the adults who have them in their care” (Art. 4 of the Law No. 21.325 of Migración y Extranjería).
Servicio Nacional de Migraciones (SERMIG) provides guidance to children and adolescents
In order to comply with the principle of the best interest of the child or adolescent as set forth in Law No. 21. 325 of Migración y Extranjería, the SERMIG establishes the Iniciativa de Intermediación en materia de Niños, Niñas y Adolescentes, NNA (Mediation Initiative on Children and Adolescents), in its internal structure, which is in charge of the Programa Niñez Migrante, whose objective is to develop strategies aimed at promoting migration regularity from a rights-based approach, favoring the social inclusion of migrant children and adolescents in Chilean society, acting in coordination with other State agencies nationwide.
Immigration regularization Day: Niñez Migrante
Residencia Temporal permit for children and adolescents
Decree No. 177 of 2022 of the Ministry of the Interior and Public Security, which establishes the immigration subcategories of Residencia Temporal, states in its Eighth Paragraph the humanitarian reasons that will be considered to grant a residence permit in Chile, including the “Situación de Niños, Niñas y Adolescentes, NNA” (Situation of Children and Adolescents) in Chile.
The features of this Residencia Temporal permit are as follows::
- Applications are made online through SERMIG’s Portal de Trámites Digitales. You must sign in on the platform.
- It is a free residence permit. Therefore, there is no fee to be paid during the application process.
- No payment of penalties nor initiation of the “Declaración voluntaria de ingreso clandestino” (Voluntary declaration of clandestine entry) procedure are required to start the process.
- This permit may be granted regardless of their immigration status or the immigration status of the child’s parent or guardian in Chile. Likewise, the grant of this residence permit will not be a benefit extensible to other members of the family group or person in charge of the child’s care.
What should I do to apply for Residencia Temporal for children and adolescents?
First of all, you should read the requirements under the subcategory of humanitarian reasons for children and adolescents (NNA).
Which are the rights of children and adolescents in mobility situation in Chile?
Guaranteed free access to preschool, elementary and secondary education (Art. 17 of Law No. 21 325).
For more information, please check the Política Nacional de Estudiantes Extranjeros 2018-2022 (spanish only).
Institutional agreements on children and adolescents
Sites of interest
Institution focused on the area of juvenile justice and reintegration, responsible for the care of adolescents and young people who have been in conflict with the law between the ages of 14 and 17, and who have been charged or convicted, through timely, relevant and quality interventions within the framework of respect for their fundamental rights.
Public institution responsible for the dissemination, promotion and protection of human rights of all children and adolescents living in the national territory.
A public institution whose mission is to “protect and restore the human rights of children, adolescents and young people whose rights have been seriously threatened or violated, putting them at the center of our actions, guaranteeing their participation and that of their families, strengthening their comprehensive development, repairing and resignifying the damage, preventing new violations in a timely manner through technical teams of excellence and specialized programs according to their needs, coordinated with the intersector and calling on society as a whole”.
Ministry that has programs aimed at children and adolescents.
In addition, its institutional framework includes the Oficinas Locales de la Niñez and the Subsecretaría de la Niñez.