What’s new for immigration policy in South America?

In the second of a series of articles exposing changes to global mobility and immigration policy in South America, member firms of Ius Laboris examine the developments

Here, they evaluate certain countries within South America, namely Argentina, Chile and Colombia.

Argentina

UN calls on Argentina to repeal decree for expulsion of migrants with criminal records

On 13 September 2019, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families of the United Nations Organisation (‘CMW’) urged the Argentine State to take immediate measures to repeal Decree 70/2017 by which the State expels migrants with a criminal record as part of the immigration policy in South America.

Chile

Online applications for extension of Mercosur Temporary Visa and Democratic Responsibility Visa for Venezuelans

From 3 September 2019, all applications for extensions for Mercosur’s Temporary Visa and Democratic Responsibility Visa for Venezuelans must be submitted online though the Department of Foreign Affairs’ website. An extension can be requested only once and can be granted for one year.

Consular tourist visa for Australian nationals

From 17 December 2019, Australian nationals who want to travel to Chile for tourism purposes will be required to have a consular tourist visa. The visa should be requested from the appropriate Chilean consulate abroad, prior to arrival in Chile. The visa allows a maximum stay of 90 days.

Colombia

Colombia grants nationality to children of Venezuelan parents born in Colombia

By Resolution 8470 of 2019, the Civil Registration Office will grant Colombian nationality to children of Venezuelan parents born in Colombia as an exceptional measure to reduce the number of stateless children.

This exceptional measure applies to children born in Colombia from 19 August 2015 and can be requested for the next two years, counted from 20 August 2019.

To be eligible to apply for this benefit, both parents should be Venezuelan. Alternatively, the birth certificate should only include the name of the Venezuelan parent. This benefit is not available if one of the parents is not Venezuelan.

New rules for acquiring Colombian nationality by birth for children of Venezuelan nationals
Law 1997 of 2019, the Congress modified the rules for acquiring Colombian nationality by birth set by Law 43 of 1993. Previously, the children of foreign parents born in Colombia could be registered as Colombians if, at the time of birth, their parents were domiciled in Colombia. Domicile is assessed based on residence accompanied by an intention of permanence.

Under Law 1997 of 2019, the domicile of Venezuelan people with either regular or irregular immigration status, or asylum seekers whose children were born in Colombia between 1 January 2015 and two years after the promulgation of this law will be presumed to be Colombia.

Contributing members to this article include:

Germán Capoulat of Funes de Rioja in Argentina
Marcela Salazar Flores of Munita & Olavarría in Chile
Catalina Santos and Diana Monsalve of Brigard Urrutia in Colombia