Constitutional Modification regarding nationality

The recent constitutional modifications were published in August 6, 2005, in the Diario Oficial (Official Newspaper). It consists in 51 amendments to the Political Constitution of our country, which favours, among others, Chileans residing overseas, the ones referred to Articles 10th and 11th on the matter of nationality.

In effect, from the date mentioned before, not only a person is considered Chilean when born in the territory of Chile, but also “children born in foreign territory of a Chilean father or mother.” In addition, for such effect, “it is required that one of their ascendant in direct line of first or second degree” to be born in Chile.

In this way, the requirement obliging these minors to live one year in Chile to acquire the Chilean nationality is eliminated.

However, if the parents of the minor weren’t born in Chile, the kinship shall be proved with personal documents of the grandfather or grandmother (passport, identification card, birth certificate, etc.).

To make use of this right, parents of children born in Quebec or in the Maritime provinces shall register the minor’s birth in this Consulate General and, subsequently, they will be able to solicit the identification card.

In cases of children of Chileans whose birth was registered before these constitutional modifications, but didn’t comply with the requirement of living one year in Chile, they will be immediately able to have access to the Chilean nationality if they comply with the requirement mentioned before, that is, having a Chilean parent born in Chile or in the absence of that a grandparent. For this situation, it will not be necessary to make a new birth registration, but simply solicit at this Consulate General an identification Card or passport, for which the interested person will be asked to fill a fingerprint form.

On the other hand, regarding the loss of the Chilean nationality, the new Article 11th indicates that the nationality is lost “1) by voluntary renunciation expressed before a Chilean competent authority…”

Consequently, to stop being Chilean it isn’t enough to naturalize in a foreign country, not even renouncing to the nationality, but the interested party must explicitly comply with what is indicated in the previous paragraph, that is, make a formal written declaration renouncing the Chilean nationality before the corresponding Consul of Chile.

Any other naturalization in a foreign country, whichever this is, will not have as effect the loss of the nationality, if the additional explicit renounce isn’t made. Therefore, in such cases, the interested parties that have adopted another nationality (Canadian or other) keep in its fullness their Chilean Nationality.

For any special situation not addressed in the previous cases, we will appreciate if you make your inquiries at the Consulate email: consulado@chilemtl.ca or by phone at 1-514-499-0405.