Chilean Nationality and Citizenship Rights Explained

Nationality and Citizenship: Core Concepts

The main links generated between a person and a country, which form part of the political society, stem from the ties of belonging, identity, citizenship, and political participation.

Nationality Defined

Nationality is the legal link between a person and a state.

Rights and Obligations Arising from Nationality

This link gives rise to:

• Rights: Calling for state protection (through legislation) and recognition of essential rights.
• Obligations: Compliance with laws, respect for the country, and defense of sovereignty and national security.

Chilean Nationality Acquisition

Chilean nationality is acquired through two primary mechanisms of origin (natural or biological):

• It operates for the simple fact of being born on Chilean territory or being the son/daughter of a Chilean parent.

Acquisition Mechanisms (Origin)

These are the primary ways nationality is established:

• Jus Solis: Being born in Chilean territory (with two exceptions: the child of a diplomat in service or in transit).
• Jus Sanguinis: Being the child of a Chilean parent.

Acquired or Granted Mechanisms

Nationality can also be acquired when an adult asks to be granted it by Chile:

• Letters of Nationalization: Requires renouncing former nationality (plus five continuous years of residency).
• Nationality by Grace: It is granted recognition by the state.
• Children of Foreigners in Service/Transit: Children of foreigners serving their country or in transit may opt for nationality at age 21.

Citizenship Status and Political Rights

Citizenship status is enjoyed by certain people (nationals) under which they can exercise political rights:

• Right to vote.
• Right to hold public office (elective or non-elective).

Suspension of Political Rights

Political rights can be suspended:

Grounds for Suspension

• For Ban: Being accused of a crime that deserves corporal punishment.
• Judicial Ban: Having been banned by the Constitutional Court (due to the unconstitutionality of a party to which one belongs).

Loss and Recovery of Citizenship

When Citizenship Can Be Lost

Citizenship can be lost:

• When nationality is lost.
• When sentenced to corporal punishment.
• When convicted of a terrorist offense or drug trafficking.

Nationality Recovery Process

Nationality can be recovered:

• After the termination of criminal responsibility (having served the sentence).
• For terrorist or drug trafficking offenses, the applicant must apply for rehabilitation to the Senate after serving the sentence.