Trafficking Victim Visa (Residencia Temporal - Víctimas de Trata de Personas)

The Trafficking Victim Visa (Residencia Temporal - Víctimas de Trata de Personas) in Chile was established as a critical humanitarian pillar within the framework of Law No. 20.507, which criminalizes human trafficking and migrant smuggling, and is further supported by the broader Migration and Foreigners Law (Law No. 21.325). This visa was created to address a profound gap in the national immigration system: the vulnerability of foreign nationals who, having been exploited by criminal networks, often faced the threat of deportation or legal limbo while attempting to cooperate with judicial authorities. By providing a secure legal status, the Chilean state ensures that victims are not treated as mere violators of immigration law, but as protected individuals whose safety and testimony are essential to dismantling trafficking rings. This humanitarian instrument serves as a bridge between immediate emergency assistance and long-term judicial resolution, ensuring that the fear of administrative repercussions does not prevent victims from seeking justice or accessing the state’s protective services.

The ideal applicant for this visa is a foreign national who has been formally identified by the Chilean Public Prosecutor’s Office or relevant law enforcement agencies as a victim of human trafficking, regardless of their prior immigration status or the circumstances of their entry into the country. Unlike standard temporary residence permits that require economic solvency, professional accreditation, or specific family ties, this visa is exclusively focused on the protection of the individual, making it distinctively accessible and free of charge. It covers victims across all sectors of exploitation—including forced labor, sexual exploitation, and domestic servitude—and provides the holder with the legal right to reside in Chile, access public services, and participate in the labor market while their case is being investigated. A notable benefit is the waiver of typical administrative barriers, though the applicant must maintain valid health insurance to ensure access to medical care throughout their stay. While the visa provides essential stability, it is inherently tied to the victim’s cooperation with the judicial process, serving as both a shield against exploitation and a vital tool for the state to secure the evidence necessary to prosecute human traffickers.