Chile Info
Joined: 23 Nov 2006
Posts: 17
Home Country: chile
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 Posted: Wed Nov 29, 2006 5:33 am Post subject: WORK PERMIT IN CHILE / CHILE WORK VISA |
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WORK PERMIT IN CHILE
In most circumstances, a foreign national who wishes to engage in employment in Chile must obtain a "Labour Contract" visa. The basis of the application is a comprehensive labour contract, prepared according to Chilean procedural law and executed by the employer in Chile.
In most circumstances where there is a transfer of foreign personnel to a Chilean company, the Chilean Ministry Foreign Affairs will require that at least 85% of the Chilean company's workforce are Chilean nationals; however, this requirement is only in those companies where there are over 25 employees.
"Regularization" of immigration status from Visitor status to Work Status
It is possible for a foreign national employee to convert his or her immigration status from a Visitor status to Work status while remaining in Chile; however, this process may take months to conclude. If the employee elects to be present in Chile while the work visa application is being processed, the employee will not have authorization to work until he/ she is granted a special work permit, which will allow him/her to work on a limited basis until the visa has been approved.
In most cases, it is discouraged to regularize status in Chile, as the consular application process is usually much quicker.
Types of Work Visas
Labour Contract Visas can either be adjudicated via the Chilean Ministry of Affairs by filing the initial visa application with a Chilean consular post, or by filing an application with the Chilean Ministry of Interior while the applicant is physically present in Chile.
Basic Requirements to Qualify:
To qualify for a Labour Contract Visa, the basic requirements for the Chilean company and the assignee are as follows:
1. In most circumstances where there is a transfer of foreign personnel to a Chilean company, the Chilean Ministry Foreign Affairs will require a Certificate issued by the Chilean company stating that at least 85% of it's workforce are Chilean nationals (only in those companies where there is over 25 employees). The Chilean entity must be duly registered with Chilean Commercial Registry Office and evidence that all corporate income taxes are paid;
2. The employee will be considered a Chilean-based employee by virtue of executing a Labour Contract with the Chilean company.
The Process
There are two ways to obtain a Labor Contract Visa through the Ministry of Interior and through the Ministry of Foreign Affairs.
(i) Through the Ministry of Foreign Affairs of Chile
This procedure shall be followed when the applicant has not yet arrived in the country. The process takes between three to four weeks to assemble, file and process an approval of the Labor Contract visa via the Ministry of Foreign Affairs.
This visa application procedure is initiated when the applicant files his/her visa application with the appropriate Chilean consular post. Once the consulate accepts the visa application, the consulate will forward the visa application to the Chilean Ministry of Foreign Affairs for final approval. The consular post will receive the approval to issue the Labor Contract visa by telex from the Ministry of Foreign Affairs.
During the time the visa application is being processed, the applicant is not allowed to enter Chile as a visitor.
The standard visa application document to present to the Consulate consists of the documents listed below.
Visa Application Documents Required From the Assignee:
a) Three originals of the employment contract, signed only by the Chilean employer before a Chilean Notary Public, and duly authenticated by a Notary Public and legalized by the Chilean Ministry of Justice and the Chilean Ministry of Foreign Affairs.
Note: Once the Labour Contract visa is ready for issuance by the Chilean consulate, only then can the applicant sign the labour contract in the presence of the Chilean consular officer;
b) Copy of the assignee's curriculum vitae;
c) Original university diploma (the consulate will make a legalized photocopy), or, a notarized photocopy of the diploma legalized by a Chilean consular post;
d) According to each consular post's requirements, six passport-style photographs (black or white or color), with the assignee's full name and passport number indicated on the reverse side of each photo;
e) Official letter from the Chilean employer certifying the number of Chilean employees versus foreign employees. This letter must be notarized by a Chilean Notary Public;
f) Depending on the consulate, an Affidavit of Support whereby the assignee declares that he or she will provide all financial support to his/her dependents for the duration of stay in Chile. This Affidavit must be executed before a Chilean consular officer;
g) Depending on the consulate, an original Certificate of Good Standing from the assignee's home company;
Visa Application Documents required from the Assignee and Accompanying Family Members:
a) Original passports (valid for at least 25 months and with at least two blank visa pages);
b) Visa application forms;
c) Depending on the consular post, at least four passport-style photographs of each applicant with the applicant's full names and passport number written on the reverse side of each photo;
d) Depending on the consular post, a Medical Certificate issued by either the applicant's personal physician or by a consular-appointed physician;
e) Depending on the consular post, a separate HIV test;
f) Depending on the consular post, a Police Certificate of Good Conduct for all applicants age 18 and over. Some consular posts may require police certificates for any child age 14 and over;
g) Photocopy of the accompanying spouse's Marriage Certificate;
h) Photocopy of each accompanying child's Birth Certificate, evidencing the names of both parents;
i) Applicable visa application fees.
(ii) Visa Application Via the Chilean Ministry of Interior
This procedure is applicable when the applicant is already in Chile and takes between 4 to 6 months. However, the employee may qualify for a "Special Work Permit, which will allow the applicant to work for a period of 2 months (which can be renewed) while the Labour Contract visa application is being processed.
The procedure to obtain a Visa Subject to a Labour Contract through the Ministry of the Interior basically consists of an application form, duly completed by each applicant, accompanied by the following documentation:
a) Passport of the applicant and any dependent.
b) Tourist Card of the applicant and any dependent.
c) Four recent colour photographs (4x4 cm.), with full names and passport number of applicant and any dependent written on the back of each photo.
d) A legalized copy of the marriage certificate, if applicable.
e) A legalized copy of the birth certificates of the children, if applicable.
f) A sworn declaration before a Notary Public whereby the applicant declares that the Dependents are going to live at his/her expenses in Chile.
g) Three original sets of the employment contract duly signed by the employer and the employee, before a Notary Public. The employment contract shall be with a Chilean employer.
Chilean Corporate Documents Required for a Work Permit application:
The sponsoring Chilean employer may be obligated to present the following additional documents. Please note that these are subject to change based on the Labour and Immigration authorities of Chile:
1. Proof of tax payments;
2. Disclose proposed salary and benefits of foreign employee in Chile;
3. Detailed letter of support addressed to the Chilean Ministry of Foreign Affairs which references;
4. Company information;
5. Description of duties and responsibilities of the applicant;
6. Salary and other benefits;
7. Health insurance and social security details;
8. Responsibility for all costs associated with the applicant's relocation and repatriation;
9. Power of Attorney on behalf of attorney or service provider filing application on the applicant's behalf, if applicable;
10. Application forms;
11. Any further corporate documentation requested by authorities
General Processing Times
For visa applications filed via a Chilean consular post, the usual time to assemble the corporate and employee's personal documentation is approximately three to four weeks.
Once a Labor Contract visa application is filed with a Chilean consular post, the processing time for approval is at least four to six weeks.
For a Labour Contract Visa application filed with the Ministry of Interior, the work permit application process will take at least four to six months to complete.
Registration Upon Arrival
Once the visas have been stamped in the passports, the applicant and his/her family will have a 90-day period to enter to Chile.
Upon arrival in Chile, the applicant has a 30-day period to register at the offices of the International Police and must request a Chilean Identity Card for Foreign Citizens.
Validity of the Work Visa
A Labour Contract Visa may be valid for stays of up to two years. The Labor Contract visas may be renewed in Chile for an additional two-year period. |
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