Contributed By Hurtado & Bonito Abogados
Chile’s migration policy has undergone a significant transformation in recent years, marked by the entry into force of the new Migration Law (Law No 21,325) in 2022. This regulation replaced the old 1975 law, which had a strong national security focus, modernising the legal framework to address current challenges with a balanced approach between the sovereign right of the state to decide who it allows to enter its territory – and to set the rules governing the stay in and exit from the country – and respect for the inalienable rights of every person.
However, the high rate of irregular entry in recent years (and the resultant explosive increase in the foreign population), combined with the ineffectiveness of the state in combatting it, has generated a polarised environment in which public debate has focused on tightening legislation related to regular migration, such as nationalisation or voting rights, and on expulsion for clandestine entry, with the current political debate being insufficient to advance the implementation of international best practices.
The new legislation creates a new autonomous authority in charge of migration, called Servicio Nacional de Migraciones (SERMIG; the National Migration Service), implementing more rigorous entry and stay procedures with an emphasis on foreigners obtaining visas before entering the country for residence or work purposes. The business community in general has welcomed the regulatory update and the digitalisation of procedures, but implementation has been difficult and has generated excessive delays in the processing of visas, as well as some criticism regarding the impediment imposed on changing immigration status within Chile – which could hinder the rapid hiring of foreigners already in the country.
In general terms, the direction of Chilean migration policy, despite its implementation deficiencies and the lack of political will to combat irregular migration, is heading towards organising and professionalising migration management, and establishing a clear framework of rights and obligations for the various actors in the system, to promote regular recruitment of immigrants and protection of their labour rights.
Within the framework of the new immigration law, Chile is in the process of implementing reform. It is foreseen that its administrative regulations will be perfected to improve efficiency, in line with the requirements of trade associations and relevant judicial jurisprudence on critical issues, and no major legal changes are expected to affect corporate migration – rather, regulatory and administrative changes will be made to fine-tune the application of the current law.
It is relevant to mention that Chilean legislation is extremely flexible, allowing the creation of temporary residence categories through administrative norms defined by the political authority, and in line with the National Migration Policy defined by each administration, such that the focus with respect to the anticipated regulatory changes should not only be on careful observation of the Parliament but also on the debates that take place within each administration and the sectorial pressures that provoke them.
In the immediate term, at the end of 2025 Chile will elect a new President of the Republic, which could have an impact on legislative changes but should not influence corporate migration, as this is an area in which the entire political spectrum understands that legal certainty must be given to the users of the system. Notwithstanding this, new visa categories or subcategories could be introduced via administrative regulation oriented to specific needs, such as a special permit for remote/digital workers (given the boom in global telecommuting). Moreover, simplification of the process of obtaining residency for foreign investors is being discussed, although there have been no concrete, official announcements.
Any future changes in immigration policy will seek to maintain a balance between responding to security and public order concerns (where irregular immigration has been a topic of public debate) and ensuring Chile remains attractive for foreign investment and global talent. In summary, the typical visa routes (contract residency, family reunification, etc) will not be subject to immediate drastic alterations, but it is possible that requirements and processes will be adjusted – albeit always in a regulatory environment that lends clarity and predictability to the immigration system.
Chile offers several work visa options based on sponsorship by a local employer. Under the new immigration regulations, the general category for foreign workers hired in Chile is “temporary residency for foreigners performing paid lawful activities”. In practice, this is equivalent to the old “visa subject to contract”, although with the difference that it is no longer strictly tied to a single employer; the worker may change employment without losing his or her visa. This visa requires an employment contract with a company established in Chile. There are no exclusive sectorial work visas, so the recommendation is to link corporate migration to those migratory categories or procedures that allow accelerated processing of visas where feasible.
Thus, it should be verified as to whether:
Other than these circumstances, the same temporary labour residence visa applies across the board to any industry, from mining and energy to professional services, as long as there is a Chilean employer willing to hire.
In addition, there is the possibility of work authorisation for tourists for up to 90 days (which is extendable) in certain exceptional cases – eg, when a foreigner with a tourist visa receives a short-term assignment in Chile. However, this temporary authorisation is the exception and does not replace residence visas for formal employment. In summary, formal hiring of a foreigner will typically involve sponsoring his or her temporary residence with a work permit, without sectoral distinction but with some options for accelerated pathways such as those described in the foregoing.
The general rule is that those who have temporarily resided in Chile, with or without sponsored work visas, may obtain permanent residence. For this to be achieved, it is a requirement that the individual has resided legally in Chile for a continuous period of at least two years on a temporary visa (although in some cases the law allows an application after one year, depending on the subcategory of temporary residence that has been in place).
The main requirements to obtain permanent residency include demonstrating continuity of residence (not having spent more than 60 days outside of Chile in the last 24 months), having lawful means of livelihood or stable income in Chile and not having a criminal record.
In the case of employment-sponsored visas, stable employment status and compliance with obligations (such as payment of taxes and social security contributions) go in favour of the application. Here, the process involves submitting an application for permanent residency before the expiration of the temporary visa in force. Once obtained, the foreigner may reside indefinitely and work freely in Chile.
In addition to employment-based visas, Chile has temporary residency options available without the need for a sponsoring employer. These allow certain foreigners to settle in the country to work independently or invest. The main options include the following.
Chile allows the entry of business visitors under permanencia transitoriaimmigration status (equivalent to short-term tourist status) for up to 90 days – and extendable for a further 90 days – for unpaid activities in Chile that are related to business such as attending business meetings, conferences or fairs; trade negotiations; market prospecting; and short-term consultancies.
Regarding entry requirements, many foreigners can enter Chile without a consular visa thanks to the visa exemption policies that Chile has with several countries (including EU countries, the United States and most Latin American countries, among others), or through the Asia-Pacific Economic Cooperation (APEC) Business Travel Virtual Card (ABTVC), which is applicable to 19 APEC countries, for a maximum period of 90 days without the need for a visa.
On the other hand, those who do require a visa (citizens of certain countries in Asia, Africa, the Middle East and the Caribbean, among others) must apply in advance for a business tourist visa at the Chilean consulate of their country of origin or residence. In both cases, the maximum stay is 90 days, with the possibility of requesting – for some circumstances and nationalities – that such visa be issued for a duration of up to ten years.
Unlike countries with electronic travel authorisation systems, Chile does not currently require an electronic travel permit for tourists or business visitors. The Chilean scheme is based on the traditional consular visa for nationals of countries that require prior authorisation for entry into Chile, with visa exemption for those who enjoy this benefit.
Therefore, if a person is a national of a country that enjoys a tourist visa exemption, he or she may travel freely to Chile subject only to complying with general requirements such as a valid passport and the ability to demonstrate the requisite financial resources for self-support for his or her stay, if requested.
Currently, Chile does not have a specific visa for digital nomads. The absence of a specific visa has led to a state of legal “limbo”, forcing digital nomads to fit into existing categories that were not designed with this modality of work in mind – and leading to significant practical challenges.
Notwithstanding the foregoing, a digital nomad could obtain a temporary residence visa for lawful remunerated activities if he/she has a civil service contract with a company not domiciled in Chile that has been signed by a Chilean or foreign attorney-in-fact resident in Chile; alternatively, they could use one of the residence visas discussed previously even without labour sponsorship.
In Chile, there are no language requirements for obtaining temporary or permanent residence visas. Visa application documents may even be submitted in English or Portuguese without translation into Spanish.
Chile does not request medical certificates as a requirement for residence visas unless the application is for a temporary residence visa for the specific purpose of medical treatment, in which case medical certificates are necessary to grant the visa.
Outside of exceptional contexts such as COVID 19, there are no mandatory vaccinations to obtain a Chilean visa.
In cases of residence visas for employment contracts, in addition to the requirements to be met by the foreigner, there are certain requirements and responsibilities for the Chilean employer sponsoring the visa, but these are less demanding than in other jurisdictions. Chile does not impose a specific minimum salary threshold for a work visa beyond exceeding the legal minimum salary in force in the country, which is currently around USD530.
However, in practice, SERMIG verifies that the salary offered is in line with the market and sufficient to support the worker, as this relates to demonstrating lawful means of livelihood.
There are also no formal academic qualification requirements for obtaining a residence visa for employment contracts, although there are professions that require prior legal authorisation to practise, such as those related to health and law.
Chile does not have a pre-offer procedure for Chileans and does not require proof that there are no local candidates. Employers may freely hire foreigners as long as they comply with the labour law. However, there is a limitation in the Labor Code, where for companies with 25 or more workers, foreigners may comprise up to only 15% of personnel, with certain exceptions and exclusions. This proportion does not include foreigners with more than five years of residence in Chile, nor those with Chilean spouses or children; technical specialist personnel do not count towards this proportion either.
In addition, the sponsoring employer must comply with formal obligations – ie, be duly incorporated in Chile, notify the Internal Revenue Service of activities, provide a contract with special clauses and have sufficient solvency to comply with the contract offered.
In summary, the sponsor must be a legally established and solvent employer, comply with labour regulations (including the required proportion of Chilean personnel) and formalise the contract with the required clauses. There is no “wage scoring system” or test for ascertaining the unavailability of local workers, which makes it relatively easy to hire foreigners provided that the foregoing conditions are met.
Under the new law, temporary residence for labour reasons allows a foreigner to change employer during the term of his or her residence permit without the need to apply for a new visa each time, such that mere termination of the contract is not a cause for revocation of the permit (contrary to the situation before the new legislation).
As part of the visa evaluation process, applicants’ criminal records are checked against national and international databases (Interpol) to which the Chilean State has access, and all adults are required to submit a criminal record certificate issued by the authorities of their country of origin and/or residence, duly apostilled or legalised.
Chilean law establishes grounds for inadmissibility and expulsion of persons with a criminal record. However, if a recorded offence is minor or old, or if the sentence has been completed or suspended, the administrative authority must not consider it under certain circumstances defined in the law and issue a residency permit. In practice, SERMIG rejects all applications from persons with criminal records, or even mere police records, which is illegal in most cases (the case must be taken to court to overturn illegal decisions of the administrative authority).
The financial capacity of the applicant is a key factor that the immigration authorities evaluate, although the requirements vary according to the type of visa. In general, a foreigner is expected to demonstrate that he/she has sufficient financial means to remain in Chile for the duration of his/her visa, so as not to be a burden to the state. In the case of work visas sponsored by an employer, this requirement is considered to be satisfied mainly by having an employment contract with remuneration that exceeds the legal minimum or that is in accordance with the market in question.
For visa applications without a sponsor, solvency must be verified, such that bank statements, income from financial or real estate assets, income tax returns, social security contributions, affidavits of third-party expenses, etc, must be submitted.
Chile has progressively moved towards a digital system for processing visas and work permits. Currently, all applications for residence visas (temporary or permanent) are processed electronically, whether they are made within or outside the country, and always through the SERMIG website.
In this process, the required documents (passport, photo, employment contract, certificates, etc) are scanned and uploaded. When public documents are not verifiable online, the original documents must be sent to SERMIG’s headquarters for the authority to verify their authenticity. The applicant must ensure that all documents are clearly scanned and uploaded. It is worth mentioning that immigration fees are also paid online during this process.
Regarding employment contracts, it should be noted that, as a general rule, they must be signed by the employer before a notary public in Chile, and by the employee before a Chilean consul abroad, which requires co-ordination in order to avoid delays and errors.
The implementation of this electronic model has made the visa application process more transparent and eliminated the need for large amounts of paperwork. However, this model has not reduced the delay in the resolution of requests and, in general, has made it difficult to obtain accurate information on individual cases, since on the public side the service is almost non-existent.
Finally, it should be noted that Chile has been using “electronic stamping” since 2020, such that a physical sticker in the passport is no longer required for an approved visa. Instead, a PDF file with a QR code is generated, which the applicant prints and presents to the relevant authorities, simplifying the process of obtaining the document.
The general rule under the new Chilean regulations is that applications for temporary residence visas must be submitted when the foreigner is still outside Chile, digitally through the SERMIG website.
Applications for temporary residence cannot be filed while inside Chile as a tourist, although there are a few exceptions (family ties, humanitarian situations or the need for refuge). Outside of these exceptional situations, the interested party must leave Chile and apply for residency while outside the country.
In terms of visa processing times, there are still significant delays. Currently, a temporary residence application takes an average of 6–12 months to process, although this depends on the type of visa requested and the nationality of the interested party. For visas subject to preferential processing, such as those associated with free trade agreements, investment, etc, the processing times can be reduced to two months or less. A visa for definitive residence (indefinite stay permit) takes an average of around one year to process. These timeframes may vary according to the workload; nevertheless, they illustrate that companies must allow considerable time for the relocation of foreign personnel. In practice, it is advisable to start the application process as early as possible.
It should be noted that there are considerably more expeditious procedures for short-stay or complementary permits. For example, the extension of a transitory stay (tourist visa) and work authorisation for a tourist are resolved almost immediately (average of two working days).
Once a foreigner has initiated their application for a visa or change of immigration status, questions may arise as to his or her eligibility to travel outside of Chile. The rules differ depending on where the application was made if it was for a temporary residence visa. If the application was made outside of Chile, there are no restrictions, and the foreigner may even enter the country as a tourist while his/her residency application is being processed, provided he/she is a national of a country exempt from the prior requirement for a consular tourist visa, and may even work by obtaining work authorisation as a tourist.
However, if the applicant is a national of a country that requires a consular tourist visa, the application therefor will be rejected if a temporary residence visa is in process according to the current criteria of the Chilean Foreign Ministry. These criteria show a certain level of regulatory incoherence; there has been a failure to unify the criteria among the various immigration authorities, thus violating the principle of equality before the law.
When an application for temporary residence is filed within Chile because of exceptional circumstances, or to extend a temporary residence visa or acquire one for permanent residence, the recommendation is to avoid stays outside the country exceeding six months since the immigration authority may make the decision to file the application due to a perceived lack of interest on the part of the foreigner. Of course, this is illegal – and such decisions are routinely overturned in court – but the possibility should be taken into consideration to avoid delays in the processing of applications.
Chile does not have a formal system for expediting visa processing. However, depending on the type of visa, the nationality of the interested party, the level of investment to be made, sponsorship from certain Chilean public authorities (such as InvestChile or the National Agency for Research and Development), etc, visa processing times may be substantially shorter than normal, and can be around 60 days or less depending on the type of visa.
In this context, it is essential to check whether:
SERMIG preferentially processes all these cases, allowing resolution of the application when there are tight deadlines.
It is important to emphasise that, if the aforementioned visas cannot be applied for, the foreigner may still be able to work immediately in Chile by applying for work authorisation as a tourist prior to entering the country, extending the authorisation as necessary until the residence visa is obtained. However, this route is closed for those who are required to have a consular tourist visa prior to their entry into Chile because of their nationality – they would be denied entry into Chile as tourists, as explained in the foregoing.
If the application was made outside Chile, the foreigner has 120 working days to download the electronic stamp from SERMIG’s website, and an additional 90 calendar days thereafter to enter the country. The visa will be activated at the time of entry into the country, with the period of residence starting from this time. If the foreigner is in Chile, he/she must leave as a tourist and re-enter as a resident to activate his/her visa. If he/she does not download the stamp or does not enter the country within the deadline, the visa expires automatically. These deadlines give the interested party enormous flexibility in planning the moment of entry into Chile if required. Nevertheless, it is important to not download the electronic stamp immediately, but only to do so when it is clear that he/she will be entering the country.
If the application is made within Chile, the visa is activated and becomes effective from the moment the electronic stamp is downloaded.
As for definitive residence, the mere decision that grants this status serves as accreditation; there is no electronic stamp or associated certificate.
After entering the country, the individual concerned has 30 working days to request an appointment before the Civil Registry and Identification Service to obtain the Chilean identity card for foreigners. This applies to:
Failure to comply with this obligation is subject to the payment of fines.
The cost for processing a temporary residence visa in Chile varies according to the nationality of the applicant according to the principle of reciprocity of immigration fees, which are published on the SERMIG website. In most cases, the fee does not exceed USD300, which is paid at the time of application. If the application is made within Chile, the fee is paid at the time the visa is granted. The one-off fee for definitive residency is around USD130 for all nationalities.
For work authorisation as a tourist, the cost is 150% of the tariff applied to the nationality in question, in accordance with the rate for temporary residence, and is paid every time authorisation is requested. Tourist visa extensions cost USD100 for all nationalities.
In Chile, the legislation does not specify who must pay the cost of the visa; in practice, the payment of immigration fees can be made by both the applicant and the sponsoring company, without restrictions, through the SERMIG website as part of the electronic application. Immigration expenses are not regulated by the Labor Code and can be negotiated between the parties involved.
Chilean immigration authorities may impose sanctions and take enforcement actions against both foreign individuals and employers when immigration laws are violated. Typical circumstances that give rise to enforcement action follow.
As for employers, sanctionable situations include:
Employers sponsoring work visas for foreigners assume certain legal obligations during the employment relationship.
Firstly, they must ensure that the employment contract complies with the special clauses of the immigration regulations. This includes explicitly stating the social security system to which the foreigner will contribute, only beginning work once the relevant visa or work authorisation has been obtained, and withholding and paying the applicable social security contributions and taxes. In addition, there must be strict compliance with the labour obligations arising from the contract, in accordance with Chilean law.
Failure to include the required clauses indicated in the contract may result in rejection of the visa application, albeit without penalties. In case of non-compliance with the requirement to obtain work authorisation prior to the start of work, fines of over USD14,000 may be applied for large companies. If any other labour regulations are not complied with, there are no immigration-related penalties, but there are penalties in relation to labour, social security or tax non-compliance, as applicable, leading to administrative fines. In the case of social security non-compliance, lawsuits related to social security collection or legal actions by workers before the courts may occur.
Secondly, the employer must respect the rule of a maximum proportion of foreigners of 15%, as explained in 6.1 Enforcement Action.
Finally, although the employer is not obliged to notify the immigration authority of any situation related to the worker, it is advisable that termination of the employment relationship be reported promptly.
In summary, the obligations of a sponsoring employer are to:
Non-compliance entails fines and legal liabilities and may damage the employer’s image with Servicio Nacional de Migraciones, which may be pertinent to future proceedings (although there is no formal blacklist, a repeatedly sanctioned employer may face more scrutiny). Conversely, a compliant employer contributes to a smooth and seamless immigration process for the worker.
In Chile, although there is no formalised legal or administrative procedure similar to, for example, the “right to work” check in the United Kingdom, it is the duty of employers to verify that foreign workers have authorisation to work – they are subject to fines in case of noncompliance. This is more of an implied practical and legal requirement; the employer, when hiring a foreigner, must request and file a copy of his/her legal documentation, including immigration documents (visa or permit in force that allows him/her to work).
The typical process followed by companies is to ask the foreign candidate for his or her valid Chilean foreigner identity card, which – according to Chilean law – serves to prove his or her immigration status. Alternatively, an electronic stamp certifying temporary residence, or a decision granting definitive residence, may be required. If the application is in process, there may be a need for a certificate, valid for 180 days and renewable while the temporary or definitive residence application is being processed. Finally, for work authorisation as a tourist, the foregoing is required together with an identity document.
There is no single verification procedure, but it is advisable that the hiring process include a review of immigration documents and the obtainment of copies of the passport, the Chilean identity card, the electronic stamp and the decision granting permanent residence – or a certificate showing that the residence application or work authorisation is in process.
If the foreigner already has a visa or work authorisation, the work contract does not need to be signed before a notary for them to become immediately eligible to work, but it must be kept in mind that when a foreigner requests an extension of their visa, in order to prove their ability to support themselves economically, s/he must show the signed contract to a notary agreed upon by both parties as well as a certificate of labour eligibility signed by the employer.
In conclusion, the requirement to verify the right to work is implicit in the general obligation to not hire people in an irregular situation. The process consists of reviewing and keeping copies of visas/documents, keeping an internal record of expiration dates to alert the worker of the need for renewal and co-operating with any inspection by showing the documents. Complying with this verification process protects the employer from fines and ensures that the hiring is in compliance with the law. Increasingly, in the context of labour compliance, large companies in Chile include “immigration status OK” on their checklists before hiring a foreigner and placing them on the payroll.
Chilean immigration law allows foreigners who obtain temporary or permanent residency to include their immediate family members as dependants on their visa. The family members recognised for the purposes of a dependent visa include spouse or civil partner (with same-sex unions being valid in Chile), children under 24 years of age who are unmarried and studying, those who have a disability and the parents of the visa holder.
The new migration law has introduced flexibility with regard to the visa holder working on a dependant visa, and dependant family members over 18 years of age may also now work in Chile without any restrictions or prior permits.
Minors are subject to the legal restrictions applicable to child labour, so they are only allowed to work from the age of 15 with parental permission, and only in jobs or on tasks that do not require excessive strength. Activities that may be dangerous to their health, safety or morality are also prohibited, with exceptions made in the areas of arts and entertainment.
The new law aims to take advantage of talent and avoid situations in which qualified professionals are inactive only because of their dependent status. Each adult member of the migrant family is thus free to join the Chilean labour market, which constitutes an advance in terms of rights and opportunities for immigrants in Chile.
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