A Step-by-Step Guide

Receiving another rejection from your AFP can be frustrating—especially if you believe you have complied with all the requirements of Law No. 18.156.

Many foreign employees are surprised to learn that, in Chile, a "Recurso de Protección" (Constitutional Protection Action) can generally be filed without hiring a lawyer. While legal representation can be highly beneficial in complex cases, Chilean law allows individuals to present the action themselves.

This guide explains the basic process, the documents you should prepare, and the deadlines you must observe.

Disclaimer: This article provides general information and should not be considered legal advice. Every case is different, and you should evaluate your individual circumstances before initiating judicial proceedings.

Step 1: Confirm that your case may qualify

A "Recurso de Protección" is not intended to challenge every disagreement with an AFP.

Instead, it is designed to protect constitutional rights when they have been affected by an arbitrary or illegal act.

Examples that may justify judicial review include:

• The AFP requires documents that are not established in Law No. 18.156.

• The AFP repeatedly rejects the application despite receiving the requested documentation.

• The AFP applies administrative criteria that effectively create new legal requirements.

• Similar cases have been approved while yours continues to be rejected without sufficient justification.

• The AFP's decision prevents you from exercising your constitutional property rights over your pension savings.

Each situation should be evaluated individually.

Step 2: Verify the 30-day deadline

This is the most important requirement.

A "Recurso de Protección" must generally be filed within 30 calendar days from the date on which you became aware of the act affecting your constitutional rights.

In AFP cases, this usually means:

• the date of the most recent rejection letter, or

• the date on which the AFP formally communicated the decision.

If multiple rejection letters have been issued, the latest decision may constitute a new act for calculating the filing period, depending on the circumstances of the case.

Missing the deadline may result in the Court declaring the action inadmissible without examining its merits.

Step 3: Gather all supporting documents

Before preparing the filing, organize your evidence.

Typical documentation includes:

• AFP rejection letters.

• Your original application under Law No. 18.156.

• Employment contracts.

• Foreign social security certificates.

• Passport or identification documents.

• Correspondence exchanged with the AFP and Superintendency of Pension. 

• Any additional documents requested by the AFP.

• Evidence showing that you complied with the legal requirements.

Organizing the documents chronologically will make it easier for the Court to understand the sequence of events.

Step 4: Prepare the "Recurso de Protección"

The document should clearly explain:

• who you are;

• which AFP issued the rejection;

• what happened;

• why the decision is arbitrary or illegal;

• which constitutional rights have been affected; and

• what remedy you request from the Court.

In cases involving Law No. 18.156, the legal argument often focuses on:

• Article 19 No. 24 of the Chilean Constitution (right to property), and

• Article 20, which establishes the constitutional remedy known as the Recurso de Protección.

The objective is not simply to disagree with the AFP's interpretation, but to demonstrate that the AFP acted outside the limits established by law, thereby affecting constitutionally protected rights.

Step 5: Decide how you will submit the filing

There are generally two practical options.

Option 1: Online through the Chilean Judiciary

If you have a ClaveÚnica issued by the Chilean Civil Registry (Registro Civil), you can usually submit the action electronically through the Virtual Judicial Branch's online case management system.

Electronic filing allows applicants to monitor the progress of the case remotely.

Option 2: By email

Applicants who cannot use the online platform may be able to submit the filing by email to the Court of Appeals (Corte de Apelaciones) with jurisdiction over the affiliate's last registered address in Chile.

Each Court of Appeals publishes its own filing instructions, accepted file formats, and contact details. It is important to sign the current files before sending your documents.

Step 6: Identify the correct Court of Appeals

The action should generally be filed before the Court of Appeals corresponding to the AFP affiliate's last registered address.

For example:

• Santiago

• Valparaíso

• Concepción

• Antofagasta

• Temuco

Choosing the correct Court helps avoid unnecessary procedural delays.

Step 7: Monitor the case

After filing, the Court may:

• declare the action admissible;

• request additional information;

• ask the AFP to submit a report explaining its decision; or

• issue procedural orders before reaching a decision.

The AFP will usually be given an opportunity to explain the legal basis for its rejection.

The Court will then determine whether the AFP acted within the law or whether constitutional rights were unlawfully affected.

Common mistakes to avoid

Applicants frequently encounter avoidable problems, including:

• waiting longer than 30 days to file;

• submitting incomplete documentation;

• focusing only on the AFP's administrative errors instead of the constitutional rights affected;

• failing to explain how the AFP exceeded the legal requirements established by Law No. 18.156;

• attaching documents without organizing them chronologically.

Careful preparation significantly improves the clarity of the presentation.

Is hiring a lawyer still recommended?

Although Chilean law generally allows individuals to file a Recurso de Protección without legal representation, many applicants choose to seek professional assistance when:

• the AFP has issued several successive rejections;

• complex legal arguments are required;

• administrative criteria conflict with existing court decisions;

• multiple employers are involved; or

• the AFP relies on novel interpretations of Law No. 18.156.

Professional assistance may also help ensure that constitutional arguments are presented clearly and supported by relevant judicial precedents.

How MEFE Consult Can Assist

MEFE Consult specializes in assisting foreign professionals seeking the recovery of their Chilean pension savings under Law No. 18.156.

Our team can help you:

• review AFP rejection letters;

• determine whether the objections have a legal basis;

• organize supporting documentation;

• identify relevant judicial precedents;

• coordinate the preparation of a Recurso de Protección where appropriate; and

• guide you throughout the administrative and judicial process.

If your AFP application continues to get rejected despite meeting the legal requirements, it is important to act promptly. Because the filing deadline is short, obtaining an early assessment of your case can make a significant difference.