Foreigners subject to the custody of Gendarmería de Chile

SUBCATEGORY 5

To whom is this Residencia Temporal permit directed?

Persona custodiada por Gendarmería

This permit may be granted to foreigners who are under the authority, control and surveillance of Gendarmería de Chile (Chilean Bureau of Prisons) for any of the following reasons:

  • Those who are effectively serving their custodial sentence by final and enforceable sentence, including those who are on prison furlough as per the regulations of penitentiary establishments.
  • Those under pretrial detention.
  • Those under probation.
  • Those who are serving their sentence in accordance with the provisions of Law No. 18.216, which establishes penalties listed as alternatives to imprisonment or restriction of liberty.

Who is responsible to apply for this Residencia Temporal permit?

It is Gendarmería de Chile, through the officials specially designated for this purpose by its Director Nacional, who will submit the applications in the Portal de Trámites Digitales, of the population that is in pretrial detention or serving their prison sentence by a signed or executed sentence.

In the case of the population that is subject to any of the alternative sentences established in Law No. 18.216 or on parole, according to Decree Law No. 321, the application must be processed by the convicted person directly before the Servicio Nacional de Migraciones (SERMIG), through the Portal de Trámites Digitales, logging in with ClaveÚnica or with the account created for such purposes.

Gendarmería de Chile will guide the convicted person in the management of this request and will provide the documentation indicated below.

* Procedure available only from within Chile.

Requirements

    1. ID card of the foreigner.
    2. For foreigners who are holders of Permanencia Transitoria, they must submit a copy of the Tarjeta Única Migratoria (TUM) or a copy of the entry stamp in their passport.
    3. Certificate of criminal record or equivalent document, apostilled or duly legalized, corresponding to the country of origin of the foreigner or the country in which they have resided in the last five years. It is only required for adults.
    4. Report of Gendarmería de Chile which at least must include:
      • Copy of the extract of criminal filiation, in the case of foreigners subject to the closed subsystem (in prison).
      • Any other document related to work activities, family bonds, or others deemed pertinent.
    5. Copy of a final and enforceable sentence or judicial resolution where the order of preventive detention of the foreigner is recorded or a copy of the document with the probation measure or any of those provided for in Law No. 18.216.
    6. If the foreigner is related to a Chilean child or spouse, include the respective birth, marriage or civil union certificate, when applicable.

Important!

  • Documents issued in any language other than Spanish and English must be submitted together with their respective translation, which must be authorized by a certified body.
  • All documents issued abroad or by the respective consular representation in Chile must be apostilled or duly legalized, as stipulated in Articles 345 and 345 bis of the Code of Civil Procedure.
  • Documents issued by private parties must be submitted within 30 days from the date of issuance. Those issued by public institutions and agencies must be presented within 60 days from the date of issuance unless the validity of the document is expressly stated.

© Images from Freepik.

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