Article 10 of the Political Constitution of the Republic of Chile dictates the sources of nationality. It establishes:
- Article 10 N° 1: ius solis, in which nationality is determined by the place of birth in Chilean territory.
Exceptions are established as follows:
- Children of foreigners found in Chile at the service of their Government.
- Children of non-resident foreigners.
- Article 10 N° 2: ius sanguinis, in which nationality is determined by Chilean nationality of the parents. In it is established that Chileans are:
- The children of a Chilean father or mother, born in a foreign territory.
Overall, it is required that anyone of their direct line or second degree ancestors have acquired Chilean nationality by virtue of what has been established in sections 1, 3, or 4 of Article 10;
Derived or positive sources:
- Article 10 N° 1, final part: Exercise of the right to opt for Chilean nationality.
In the case of birth in Chilean territory, being children of foreigners at the service of their Government, or non-resident foreigners.
- Article 10 N° 3: Letter of naturalisation.
Nationality is obtained by decree of the President of the Republic issued through the Ministry of the Interior.
To obtain Chilean nationality through this measure, the following is required:
- To be 21 years old;
- Have resided continuously for five years in the territory of the Republic;
- Hold definitive permanent residency permit.
- Article 10 N° 4: Naturalisation by law or by grace.