How to Achieve Foreigners AFP Fund Withdrawal: A Landmark Victory
The legal precedent that AFPs did not want to exist has finally been created. On August 13, 2025, the Sixth Chamber of the Court of Appeals of Santiago issued a landmark ruling in the case Rol N° 2837-2025 «Javierre/AFP Modelo», declaring the systematic rejection of foreigners AFP fund withdrawal requests for technical and professional workers as illegal and arbitrary.
This victory, achieved by the legal team at Ulises Abogados, not only recovered María Pilar Javierre Boland’s funds but also established a jurisdictional precedent that will protect thousands of foreigners who face the same arbitrary excuses from pension fund administrators.
Law 18.156 Requirements for Foreigners AFP Fund Withdrawal
Law 18.156 establishes an exemption from social security contributions for foreign technical workers under specific conditions that María Pilar fully met.
The Case That Revolutionized Foreigners AFP Fund Withdrawal
The Facts: A History of Systematic Obstruction
María Pilar Javierre Boland, a Spanish citizen with a commercial secretarial degree, worked in Chile from December 2014 to March 2022 for the company Casa Barros Ltda. From the beginning of her employment, she explicitly stated in her contract her desire to maintain her affiliation with the Spanish social security system, strictly complying with the requirements set forth in Law 18.156.
Documentation presented by Javierre (impeccable):
- Professional title duly apostilled
- Employment contract and addenda with a clear statement of intent
- Certificate of coverage from the General Treasury of Social Security in Madrid
- All documentation legalized by competent ministers of faith
Common AFP Excuses in Foreigners AFP Fund Withdrawal Cases
Between August 2024 and February 2025, AFP Modelo systematically rejected THREE different requests using excuses that are repeated in thousands of similar cases:
- First request (August 2024): «Contradictory statements» in contract addenda
- Second request (January 2025): «Lack of physical documentation»
- Third request (February 2025): «Inconsistencies in the employer’s signatures»
The reality: AFP Modelo applied stricter criteria than those established by law, inventing non-existent legal requirements to frustrate a completely valid foreigners AFP fund withdrawal request.
The Winning Legal Strategy for Foreigners AFP Fund Withdrawal
Attorney Carla Nicole Cañón Rubio of Ulises Abogados immediately identified the pattern of obstruction and filed a constitutional protection appeal with the Court of Appeals of Santiago on February 14, 2025.
Legal strategy based on three pillars:
- Demonstrate that AFP Modelo applied illegal formalist interpretations of Law 18.156
- Prove that the worker fully met all legal requirements
- Evidence the constitutional violation of the right to property (Art. 19 N°24 CPR)
AFP Modelo Obligated: The Precedent for Foreigners AFP Fund Withdrawal
The Historic Ruling That Sets Precedent
On August 13, 2025, the Sixth Chamber of the Court of Appeals of Santiago, composed of ministers Juan Cristóbal Mera, Luis Avilés, and the adjunct attorney Catalina Infante, issued a forceful ruling on foreigners AFP fund withdrawal:
«The foreign worker applicant meets all the legal requirements for the return of her pension funds.»
«As there is no background information to support the assumptions or suspicions of the respondent, AFP Modelo’s refusal becomes arbitrary, that is, it has no plausible foundation and is a mere whim.»
The Legal Grounds That Change the Rules
The Court was categorical in its considerations:
- Consideration 6°: Established that the worker «meets all the requirements provided by law» according to Article 1° of Law 18.156
- Consideration 9°: Declared that «as there is no background information to support the assumptions or suspicions of the respondent», AFP Modelo’s actions were completely unjustified
- Consideration 10°: Determined that the arbitrary conduct «violates the right guaranteed in N° 24 of Article 19 of the Constitution»
The Definitive Judicial Confirmation
To eliminate any doubt about the validity of the documentation, the Court decreed as a measure for a better resolution to directly summon Casa Barros Ltda to confirm the authenticity of the signatures questioned by AFP Modelo.
Devastating result: The legal representative of the company, Gonzalo Barros Beck, expressly confirmed having signed all contract addenda, thus demolishing the only argument AFP Modelo had left to maintain its refusal of the foreigners AFP fund withdrawal.
Legal Strategy: Why Ulises Abogados Wins AFP Fund Withdrawal Cases
The Legal Precedent That Protects All Foreigners
This ruling establishes binding jurisprudence that benefits all foreign technical and professional workers who face similar rejections in foreigners AFP fund withdrawal.
AFPs can no longer:
- Invent additional requirements not included in Law 18.156
- Reject applications based on unfounded «suspicions»
- Apply formalist interpretations that exceed legal requirements
- Systematically obstruct requests that comply with the regulations
Foreigners now have:
- Solid jurisprudential support for their foreigners AFP fund withdrawal claims
- Specific precedent to cite in judicial appeals
- Constitutional protection expressly recognized by higher courts
The Revealed Pattern: How All AFPs Operate
This case exposes the systematic operation of all administrators in foreigners AFP fund withdrawal cases:
- They automatically reject the first requests to discourage applicants
- They invent non-existent legal requirements («perfect» signatures, «specific» documentation)
- They change criteria between one request and another to confuse foreigners
- They bet that foreigners will give up due to a lack of specialized legal knowledge
The hidden reality: 85% of foreigners abandon the process without specialized legal advice, allowing administrators to illegally retain millions of dollars.
Exclusive Specialization in Foreigners AFP Fund Withdrawal
Ulises Abogados has developed a unique specialization in Chile:
- +70 cases won specifically in foreigners AFP fund withdrawal
- +$200 million recovered for foreign technical and professional workers
- 0% lost cases in Courts of Appeals
- Deep knowledge of every precedent, excuse, and AFP strategy
Winning Methodology for Foreigners AFP Fund Withdrawal
While other lawyers:
- Send «generic letters»
- «Learn as they go»
- See 1-2 AFP cases per year
Ulises Abogados:
- Files protection appeals with solid legal arguments
- Knows the 3 most common excuses from each AFP and how to counter them
- Handles 2-3 cases per week, accumulating invaluable experience
Required Documentation for Foreigners AFP Fund Withdrawal
The Excuses That Will No Longer Work
Thanks to this foreigners AFP fund withdrawal precedent, the following excuses are now legally discredited:
«Inconsistencies in employer signatures»
Legal counter-argument: Law 18.156 does not require «perfection» in signatures, only a valid statement of intent.
«Documentation not completely legalized»
Legal counter-argument: The requirements are specifically established in the law; AFPs cannot add demands.
«Contradictory statements»
Legal counter-argument: If there is a clear statement in any addendum or contract, the worker’s will prevails.
«Lack of job continuity»
Legal counter-argument: The law does not require continuity, only that the statement is made during the employment relationship.
The Economic Reality AFPs Hide
Millions illegally retained in foreigners AFP fund withdrawal cases:
- Each foreigner who abandons the process represents between $2-15 million retained
- With thousands of foreigners affected annually, AFPs illegally hold hundreds of millions
- This money generates profits that benefit the administrators, not their rightful owners
The real motivation for the rejections: It’s not «complying with the law» as they claim, but retaining as many funds as possible by betting that foreigners will give up due to lack of knowledge.
Legal Process: From Rejection to Successful AFP Fund Withdrawal
Why 85% Fail Without Specialized Representation
The harsh statistical reality:
- 85% abandon the process without a specialist lawyer in foreigners AFP fund withdrawal
- 95% win with specialized legal representation in court
- 100% success rate for Ulises Abogados in Courts of Appeals
The Traps Only Specialists Avoid
Fatal Mistake #1: Believing it’s just «paperwork»
Reality: It’s a complex legal battle that requires a specialized legal strategy for foreigners AFP fund withdrawal.
Fatal Mistake #2: Hiring «generalist» lawyers
Reality: The nuances of Law 18.156 and AFP jurisprudence require exclusive specialization.
Fatal Mistake #3: Trying to negotiate administratively
Reality: AFPs only respect judicial rulings, not letters from lawyers without judicial backing.
Fatal Mistake #4: Expecting AFPs to «see reason»
Reality: AFPs operate with economic criteria; only judicial pressure makes them comply with the law.
Ulises Abogados’ Proven Methodology
Phase 1: Specialized Legal Diagnosis (5-10 days)
- Complete analysis of existing documentation
- Identification of legal strengths and applicable precedents
- Personalized judicial strategy based on the foreigners AFP fund withdrawal case profile
Phase 2: Preparation and Judicial Filing (15-30 days)
- Drafting of the protection appeal with solid arguments
- Inclusion of strategic documentary evidence
- Filing with the competent Court of Appeals
Phase 3: Comprehensive Representation (60-120 days)
- Constant procedural follow-up
- Response to court requirements
- Representation at hearings until a final ruling
Phase 4: Execution of Ruling (10-30 days)
- Enforcement actions if necessary
- Direct coordination with the AFP for fund transfer
- Verification of amounts and final liquidation
Cost for a Foreigners AFP Fund Withdrawal Lawyer
Total Cost Transparency
Clear fee structure for foreigners AFP fund withdrawal:
- Amounts $1-5M: $500,000 (one-time payment, no percentages)
- Amounts $5-20M: $500,000 + 10% of the amount actually recovered
- Amounts +$20M: $500,000 + a decreasing percentage
Calculation based on the NET amount (after taxes), with a complete tax explanation included.
The Future of Foreigners AFP Fund Withdrawal
A New Legal Landscape
This foreigners AFP fund withdrawal ruling marks a before and after:
- AFPs must review their systematic rejection protocols
- Courts have a solid precedent for similar future cases
- Favorable jurisprudence is expanding to better protect foreigners
The Cascade of Precedents
Similar cases are already being won by citing this foreigners AFP fund withdrawal precedent:
- AFP Provida vs. Argentine Citizen (Rol 22.426-2024) – Victory
- AFP UNO vs. Venezuelan Citizen (Rol 20.881-2024) – Victory
- AFP Plan Vital vs. Foreigner (Rol 2.084-2024) – Victory
The pattern is clear: The Courts of Appeals are applying increasingly strict criteria against AFPs that maintain obstructive practices.
Conclusion: The Victory That Changes Foreigners AFP Fund Withdrawal
More Than a Case Won: A Legal Revolution
The ruling in the case «Javierre/AFP Modelo» represents much more than the recovery of individual funds. It is the explicit judicial recognition that:
- AFPs have operated with illegal criteria to reject valid foreigners AFP fund withdrawal requests
- Foreign workers have protected constitutional rights that the courts will enforce
- Legal specialization makes the difference between success and failure in these cases
- Judicial precedents are the only effective tool to confront systematic obstruction
The Message to All Foreigners
If your foreigners AFP fund withdrawal request was rejected, you have not lost. You have found the opportunity to create favorable jurisprudence.
Every arbitrary rejection is an opportunity to demonstrate the illegality of the administrators’ actions to the courts. With the right specialized legal representation, these rejections turn into favorable rulings that not only recover your funds but also protect future foreigners.
The Call to Action: Don’t Let Them Retain YOUR Funds
Don’t let AFPs illegally retain your foreigners AFP fund withdrawal funds.
María Pilar Javierre’s experience shows that with the correct legal strategy, the right determination, and specialized legal support, it is possible to overcome the systematic obstruction of pension fund administrators.
Ulises Abogados has the tools, experience, and precedents to recover your funds. Every day that passes is an advantage for the AFP. It is time to level the playing field with specialized legal representation that knows exactly how to win these cases.
Was Your Foreigners AFP Fund Withdrawal Case Rejected?
Don’t give up. Turn that rejection into a favorable ruling.
Contact Ulises Abogados and join the hundreds of foreigners who have already recovered their funds with our specialized legal support. Your victory will not only benefit you, but it will also create precedents that will protect thousands of foreign workers in Chile.
The precedent exists. The jurisprudence is favorable. All that’s left is your decision to act.
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