Chilean Citizenship by Birth in Chile
At a glance
People born in Chile are generally Chilean from birth, with exceptions for foreign-government service and temporary visitors. Your birth-record notes determine whether you need ordinary documents, a review, or the option available after turning 18.
- Main rule
- Most people born in Chile are citizens from birth
- Main exceptions
- Children of foreign parents serving their government or recorded as temporary visitors; nationality review or an age-limited citizenship option may apply
- Core record
- Chilean birth certificate and any nationality annotation
Summary
If you were born in Chile, you are generally Chilean from birth. Two exceptions cover children of foreign parents serving their government or recorded as temporary visitors, called transeúntes.
Check the notes on your birth certificate. If it says your parents were temporary visitors, you can ask Chile’s National Migration Service (SERMIG) to review whether that was correct. A person recorded under either exception can also choose Chilean nationality during the one year after turning 18.
Eligibility
The next step depends on what your birth record says.
Ordinary citizenship by birth. You were born in Chile, and the civil-registry record does not place you within either constitutional exception. The usual task is then to obtain the Chilean birth certificate and, if necessary, correct or complete the civil record before requesting identity documents.
Asking for a review of a temporary-visitor entry. If the birth certificate contains that annotation, SERMIG permits a request for a formal ruling on whether the exception was applied correctly. Its current guidance says the applicant may submit evidence showing that both parents were not transient and intended to reside in Chile. Examples given by SERMIG include travel records, residence applications or permits, leases, employment contracts, utility bills, and sworn statements. The evidence must address the circumstances at the time of birth; later residence in Chile does not automatically settle the earlier facts.
Choosing nationality after an exception. A person born in Chile and registered as the child of foreign parents serving their government or as the child of transient foreigners may opt for Chilean nationality. The application window is strict: one year beginning on the 18th birthday. Someone under 18 can prepare the records but cannot use this adult option yet. Someone whose one-year window has already expired should not assume that a late option will be accepted; they should ask SERMIG whether a nationality ruling, record correction, or a different route is available.
The core records normally include:
- A current Chilean birth certificate showing any nationality annotation.
- A valid identity document.
- For a nationality ruling, evidence about both parents' location, immigration steps, home, work, and intention around the birth.
- For the option, the documents listed in SERMIG's current online procedure and proof that the filing falls within the age window.
Foreign documents may need apostille or legalization. Follow the current SERMIG checklist rather than assuming every case needs the same supporting file.
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Obtain your Chilean birth certificate Check the place of birth and every nationality-related annotation.
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Check whether an exception is recorded Distinguish ordinary birth citizenship, review of a temporary-visitor annotation, and the nationality-option process.
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Follow the procedure for your situation Document the parents' actual circumstances for a ruling, or follow the applicable identity or option process.
The option for people within a birth exception has a one-year window after turning 18. A parent's visa label alone does not settle a temporary-visitor classification.
What This Route Allows
An ordinary birth claim confirms that the person is Chilean under the Constitution; it is not a temporary immigration permission. Once the Chilean civil record is in order, the person can seek a Chilean identity card and passport through the Civil Registry or the appropriate Chilean consulate. Chilean nationality also gives the right to enter and remain in Chile without a residence permit and to work without immigration sponsorship.
The option procedure leads to Chilean nationality if accepted. A favorable nationality ruling can correct the treatment of a person whose birth was annotated under the transient-foreigner exception when the evidence shows that the exception did not apply.
Chile does not automatically cancel Chilean nationality merely because a person holds or later obtains another nationality. Whether the other country permits multiple nationality is a separate question. Article 11 of the Constitution lists the limited ways Chilean nationality can be lost, so applicants should not rely on broad statements that nationality can never be lost.
What This Route Is Not
Birth in Chile is not an automatic positive result when the birth record shows one of the two constitutional exceptions. It is also not enough to describe a parent as a tourist and assume either qualification or exclusion. The correct route depends on the official birth entry and the evidence about the parents.
This route is not citizenship by descent for someone born abroad. A person born outside Chile should use the separate parent-and-grandparent rule in Article 10(2).
The one-year option period is not a general application deadline for everyone born in Chile. It applies to people recorded under the exceptions. Conversely, asking for a nationality ruling is not a substitute for the option in every exception case: SERMIG describes that ruling specifically for a person recorded as the child of transient foreigners who disputes that classification.
A birth certificate is also not the same thing as a passport. Civil registration, nationality confirmation where needed, identity-card issuance, and passport issuance are separate administrative steps.
Next Steps
- Obtain a current Chilean birth certificate from the Civil Registry or a Chilean consulate. Read every annotation, not only the name and place of birth.
- If the certificate shows neither exception and the person is already recorded as Chilean, ask the Civil Registry or consulate for the current identity-card and passport checklist.
- If it says hijo de extranjero transeúnte, compare the facts with SERMIG's nationality-ruling page. Build a dated file showing where each parent lived, worked, and applied for status around the birth.
- If either constitutional exception is recorded, calculate the option window from the 18th birthday. Use SERMIG's online option procedure before the one-year period ends; do not wait for a consular appointment without confirming how the filing deadline is preserved.
- Apostille or legalize foreign public records when the current checklist requires it. Use official translations where required.
- Keep the submitted PDFs and proof of filing. If SERMIG requests corrections or newer records, answer within the deadline stated in the notice.
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