Chilean Citizenship — Born in Chile

Summary

Chile follows jus soli — almost anyone born on Chilean soil is a Chilean citizen by birth, regardless of the parents' nationality or immigration status. The rule is set in Article 10(1) of the Chilean Constitution. Citizenship by birth cannot be lost, and Chile allows dual citizenship, so U.S.-born children of Chilean parents, and U.S. parents who had a child while in Chile, keep both passports.

The 2022 Migration Law (Ley 21.325) tightened the language around the long-standing "extranjero transeúnte" exception — the narrow carve-out for children of foreigners who are just passing through. In practice, the exception now applies only when both conditions are true: the parents were holding a transitory stay permit (tourist stamp, diplomatic, or similar) and they had no intent to remain in Chile. Even then, if the child would otherwise be stateless, Chile recognizes them as Chilean by birth.

Eligibility

You are Chilean by birth if:

• You were born on Chilean territory (including Chilean-flagged vessels and aircraft where the Constitution applies).
• At the time of your birth, your parents were not both classified as "extranjeros transeúntes" — i.e. not both on a simple tourist/transitory stamp with no intent to stay.

The transient-foreigner exception

Under Ley 21.325 and Decreto 177/2022, a parent counts as a "transient foreigner" only when both of the following are true:

• They held a Permanencia Transitoria (short-term stay permit — tourists, crews, visitors).
• They had no intention to remain in Chile.

If either parent had a Residencia Temporal, Residencia Definitiva, work visa, student visa, or was an asylum applicant, the exception does not apply. And if the child would be stateless without Chilean nationality, Article 173 of the law makes them Chilean regardless.

Children of Chilean parents born in Chile

If either of your parents was Chilean when you were born in Chile, citizenship is automatic and uncontested — the transient-foreigner exception is irrelevant.

Dual citizenship

Chile has allowed dual citizenship since the 2005 constitutional reform (Ley 20.050). Americans born in Chile keep their U.S. citizenship and the U.S. passport without any conflict on the Chilean side. Chileans by birth also cannot lose Chilean nationality — even if they later naturalize somewhere else.

What This Route Allows

This route can help confirm or document citizenship in Chile when the citizenship-creating facts named above are proven. For many people in this category, the main work is evidence: civil records, family-link records, prior citizenship records, and any registration or restoration paperwork needed to show the claim.

What This Route Is Not

This is not a shortcut around documentation. Even when the citizenship claim is based on a right, you still need records that prove each required fact and family link.

Next Steps

1. Locate your Chilean birth certificate. All births in Chile are registered with the Servicio de Registro Civil e Identificación. You can order a certified copy online through registrocivil.cl or at any Chilean consulate abroad.
2. Apply for a Chilean national ID (Cédula de Identidad / RUN). The RUN is Chile's permanent tax/identity number and stays with you for life. First-time applications abroad go through the nearest Chilean consulate; inside Chile, through any Registro Civil office.
3. Apply for a Chilean passport. Once the RUN is issued, the passport is processed by the Registro Civil or by a Chilean consulate. Bring the birth certificate, the cédula, and a recent photo.
4. If you were born to transient-foreigner parents before the law clarified the rule, contact the Chilean consulate. You may need to file a correction or a statelessness-based petition to formalize your Chilean nationality.
5. You do not need to live in Chile. Jus soli citizenship is permanent and does not require a return move, filings, or renewals.

Sources

• Constitución Política de Chile, Artículo 10 — nationality by birth.
• Ley 21.325 de Migración y Extranjería — definition of "extranjero transeúnte" and statelessness clause (Art. 173).
• Servicio Nacional de Migraciones (SERMIG) — Chilean citizenship — overview of nationality routes.
• Servicio de Registro Civil e Identificación — birth certificates, cédulas, and Chilean passports.