Quinzio LPC Achieves Victory Before the Santiago Court of Appeals, Which Orders the Application of the New Migration Law in Permanent Residency Case for Specialist from Recon Drilling

On September 3, the Santiago Court of Appeals upheld the constitutional protection action filed by Quinzio LPC attorney Magdalena Mera on behalf of Shayne Lucas, an Australian citizen and specialist in directional drilling for the company Recon Drilling.

The legal action was brought against the Exempt Resolution dated June 27, 2024, issued by SERNAMIG, which denied Mr.Lucas’s application for permanent residency based on the former Immigration Law. That law required two uninterrupted years of residence in order to apply for permanent residency.

The Court upheld the appeal, stating that the new legal framework governing immigration allows foreign residents to enter and leave the country even while a residency application is pending. This point was particularly relevant to the case, given that Recon Drilling—the applicant's employer—provides drilling services to the mining industry, with active operations in Chile, Peru, and other countries across Latin America.