• Insights

Chile: New Regulation Restructures Visa Categories

May 16, 2022

insight-news-default

Country / Territory

  • ChileChile

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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).

A closer look

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.

 

Background

  • 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.

Looking ahead

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].

Country / Territory

  • ChileChile

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.