Chile: New Regulation Restructures Visa Categories

May 16, 2022

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Country / Territory

At a Glance

  • As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the final implementing regulation restricting Chile’s visa categories.
  • Foreign nationals seeking to reside and work in Chile must now obtain a Temporary Residence Visa, phasing out the previous residence and work permit categories (including the Work Contract Visa).
  • The new Temporary Residence Visa category has 16 subcategories, including for workers (both self-employed or employed by a company) performing remunerated work; executives or directors traveling regularly to Chile to perform investment and business activities; foreign nationals seeking job opportunities; and seasonal workers, among others.
  • The new immigration law is meant to modernize the immigration system, which has existed largely unchanged since 1975, by providing a more organized migration system.

The situation

As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the final implementing regulation, which restructures Chile’s visa categories, effective immediately. Under the restructured system, foreign nationals seeking to reside and work in Chile must obtain a Temporary Residence Visa, phasing out all previous residence and work permit categories (including the Work Contract Visa).

The following are key points of the new visa structure:

Rule Details Impact
Expanded Temporary Residence category. Foreign nationals seeking to reside and work in Chile must obtain a Temporary Residence Visa, as all previous residence and work permit categories (including the Work Contract Visa) have been phased out.

The Temporary Residence Visa category has been expanded to include 16 subcategories, including for:

  • Foreign workers (both self-employed or employed by a company) performing remunerated activities in Chile. They must have a work contract, job offer (in which case they must submit a formal work contract within 45 days of entering Chile with their approved visa), or services contract (if self-employed) in Chile. Notably, visas for these workers are no longer tied to the validity of the work contract, which means that they may change employers or companies in Chile without affecting their work-authorized status. Previously, Work Contract Visa holders could only work for the company in Chile that sponsored their visa;
  • Investors, managers, directors or specialized personnel seeking to enter Chile to implement investment projects of at least USD 500,000, sponsored by InvestChile;
  • Foreign executives or directors traveling regularly to Chile to perform investment and business activities. Their stay in Chile cannot exceed six months per calendar year;
  • Foreign nationals seeking job opportunities in Chile (though the conditions and requirements of this subcategory remain uncertain until further regulations are released); and
  • Seasonal workers; family reunification; studies; judicial processes; humanitarian reasons; international agreements; religious reasons; medical treatment; retirees and those who live off their investments; former permanent residents; and refugees, among others.
  • Local employment requirement. Except for eligible foreign nationals entering to implement certain eligible investment projects, the new law restricts initial work authorization to foreign nationals directly employed and paid by a company in Chile. By expressly requiring foreign workers to submit local work contracts, job offers or services contracts, it excludes foreign nationals employed and paid by a home company (which was possible under the previous Temporary Residence Visa category). The government is expected to publish additional clarification.
  • Safeguards for visa holders. Employees already in Chile have better job security and stay rights, since they are no longer bound by a specific employment relationship to continue to stay in Chile.
Visa validity. The new Temporary Residence Visa can be granted for up to two years and may be renewed indefinitely in two-year increments.

Previously, certain residence visas were granted for one initial year, renewable only once.

 Foreign nationals will benefit from an increased duration of validity to stay and work in Chile.
Current visa holders. Foreign nationals who already hold a visa in Chile are unaffected by the change. Upon renewal of their current visa, foreign nationals who already hold a visa in Chile must prove that they have been carrying out remunerated activities in Chile for at least 60% of the validity period of their visa and have sufficient economic means for their stay. While current visa holders are subject to eligibility criteria upon renewal of their visa or change of status to permanent residence, they will not be subject to additional change of status/visa or other administrative processes in the meantime as a result of the new law, and can continue to reside and work in Chile without interruption.
Pending applications. Visa applications submitted before May 14, 2022 will continue to be adjudicated based on the eligibility criteria at the time of submission. For those approved, the residence/work authorization document will be issued based on the most suitable new visa subcategory. The rule safeguards foreign nationals with pending applications as of May 14, 2022, who may continue with their immigration process even though they may not otherwise be eligible for residence or work authorization based on the restrictions of the new law.

 

  • History of the new immigration law. In December 2020, following a seven-year legislative process, the Chilean congress approved a new immigration law restructuring the immigration system. In April 2021, the government published the law in the official gazette, leaving the Ministry of Interior to publish implementing regulations.
  • Implementing regulations. Several implementing regulations have been published since, effectuating the changes which include: restrictions on in-country change of status for most foreign nationals; a new visa for tourist and business travelers; changes in eligibility criteria and rules for permanent residents; longer validity for short-term work authorizations, etc. The restructure of the visa categories is the last implementing regulation of the related law.
  • Need for reform. According to the government, the new immigration law will modernize the current immigration system which has existed largely unchanged since 1975, by providing a more organized and controlled migration system.

The National Immigration Services is updating its online platform to implement the changes. Certain details and requirements of each Temporary Residence subcategory may change as a result.

Additionally, the National Immigration Service is also drafting a new National Immigration Policy, which will set forth additional details and processes. Fragomen will report on the implementation of other relevant changes.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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