What is a Recurso Administrativo de Residencia Definitiva permit? (Administrative appeal)
When the Servicio Nacional de Migraciones (SERMIG) receives an application for Residencia Definitiva permit from a foreigner, it may grant or reject the permit. For cases where the applied benefit has been rejected, the person will have the option of filing, only once, an administrative appeal against the measure ordered, accompanying new documents to support his claim.
This appeal must be submitted within five days of its notification, or the person may resort to any of the appeals contemplated in Law No. 19.880, with the effects that the legislation establishes for each of these.
Where can I file an administrative appeal?
This appeal must be filed through the SERMIG’s Portal de Trámites Digitales, by logging in with ClaveÚnica or with your account created for this purpose, being within the national territory.
Important!
As of May 2, 2024, the Reconsideration process will be disabled in the Portal de Trámites Digitales. Instead, you must file an administrative appeal to have your residence application reconsidered.
If you didn’t complete the apply of your procedure and had already attached documents, you can recover them from your History in the Portal de Trámites Digitales.
Those who have not completed their process or wish to start it for the first time should access it from the following link:
* Link available only from within Chile.
Requirements
What are the requirements to file an administrative appeal?
- You must submit it within the legal deadline stipulated for such purposes.
- Comply with the formal requirements to do so. It is noted that in the event that the appeal is filed by a third party, the applicant must certify sufficient power of attorney to support such petition.
- Attach documents and/or additional information to support your claim.
- Not have any impediment to apply for Residencia Definitiva permit (current expulsion, having previously submitted an application for reconsideración de rechazo (reconsideration of refusal) of Residencia Definitiva permit on the same resolution, prohibition of entry into the current country).
What information must the administrative appeal include?
The appeal must contain the provisions of Article 30 of Law No. 19.880 of 2003, which establishes the Bases of the Administrative Procedures that govern the acts of the Public Administration Bodies in Chile:
- Name and surname of the interested person or, if applicable, of his representative, as well as the identification of the preferred means or the place indicated, for the purposes of notifications (email).
- Facts, reasons, and petitions in which the application consists.
- Place and date.
- Signature of the applicant or certification of the authenticity of his/her will expressed by any authorized means.
- Administrative body to which it is addressed.
Remember!
If you do not comply with any of these requirements, the appeal will be considered inadmissible.
It is also noted that in the event that the appeal is filed by a third party, this person must certify sufficient power of attorney to support such claim, under the sanction of being understood as not filed. On the contrary, in case of compliance, it will be subject to the respective analysis.