Home Practice Areas About Us FAQ Contact Book your legal consultation
Home/Immigration/Deportation & Expulsion Appeals
Immigration

Deportation & Expulsion Appeals in Chile

An expulsion order in Chile comes with short deadlines and an entry ban. Acting early is the strongest defense.

What this involves

In Chile, deportation is called expulsión and is mainly governed by Ley 21.325 and its regulation. The Servicio Nacional de Migraciones (SERMIG), under the Ministry of the Interior, can order the expulsion of a foreigner for reasons such as irregular entry, an expired permit or criminal convictions. Separate from that, an order to leave the country (abandono) may be given for lesser violations. Expulsion typically comes with a ban on re-entering Chile for several years.

These orders can be challenged. Decisions can be contested administratively before the Servicio, and a claim can be filed in the Corte de Apelaciones, with a possible appeal to the Corte Suprema. Courts have set aside expulsions where the authority failed to consider the person's defense, to weigh family ties such as a Chilean child, or to follow the proper procedure. Courts have also confirmed expulsions in other cases, so each file depends on its facts.

What we handle

Reviewing the order

Checking the legal basis, the notification, the evidence and the deadlines the moment you receive it.

Administrative challenges

Filing objections and appeals before SERMIG within the strict periods.

Claim before the Corte de Apelaciones

Challenging the legality of the expulsion, with a request to suspend its execution while the court decides.

Family and work ties

Documenting Chilean children, spouses, long residence and employment, which courts weigh.

Re-entry and regularization

Advice on the entry ban, voluntary departure and later applications for a visa.

The first week decides the case

Deadlines in expulsion cases are measured in days, not months, and they run from the notification of the order. Missing them can leave the expulsion final. If you receive a resolution, do not wait for the police to arrive or for a family member to find a solution. Send us the document, the date and the way it was delivered. We confirm the deadlines against the actual notification, which is also one of the first things we examine: defects in how an order was served can matter.

What courts look at

Courts review whether the expulsion respected due process: whether the person was told of the charges and could present arguments, whether the facts were proven and whether the decision considered personal circumstances. Family ties, the best interest of children, length of residence and work are central to many successful claims. Criminal history and entry through an unauthorized crossing weigh against the foreigner. The court can order the expulsion suspended while it decides, but that is not automatic, which is why a well-prepared filing with documents matters.

Leaving within the period set in the order can reduce the length of the re-entry ban. We weigh that carefully against the chance of winning the challenge.

How we work an expulsion case when you or your family are abroad

01

Send the order

A photo of the document is enough to start. We read the grounds and calculate the deadlines the same day.

02

Power of attorney

If you are in Chile, you can sign with us in a notary office. If you are abroad, it is granted at a consulate or apostilled.

03

File and monitor

Our attorneys file the challenge and follow the court daily, reporting each development to you.

Deportation & Expulsion Appeals — common questions

What foreigners and families ask us after an order.

How long do I have to challenge an expulsion order?
Deadlines are very short, counted in days from notification, and differ between the administrative appeal and the court claim. Send us the order immediately so we can confirm them.
Which court hears the challenge?
The Corte de Apelaciones with jurisdiction over the place where the order was issued or served. Its decision can be appealed to the Corte Suprema.
Does filing a challenge stop the deportation?
Not automatically. The court can order the execution suspended while it decides, and we request that in the filing, but you should not assume protection until it is granted.
I have a Chilean child. Does that help?
It can. Courts have set aside expulsions where the authority did not weigh family ties. It is not a guarantee, and the strength of the documents matters.
Can I come back after being expelled?
Expulsion normally includes an entry ban for a number of years. Leaving by the deadline may reduce it, and in some circumstances a ban can be challenged or lifted. We assess options case by case.

Talk to a Chilean immigration lawyer about an expulsion order

Deadlines are short. Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00