Corporate Immigration 2025

Last Updated June 24, 2025

Chile

Law and Practice

Authors



Hurtado & Bonito Abogados is a Chilean law firm specialised in mobility and immigration. The firm was founded by José María Hurtado and Mijail Bonito who, as immigration policy advisors to the Chilean government, actively participated in the drafting and discussion of Law No 21,325, on Migration, which entered into force in 2022 in Chile, and in the design of the most relevant regulatory changes in immigration matters in the country in recent decades. They also stand out for their publication of books, analysis, and participation in seminars and national and international academic activities. Hurtado & Bonito Abogados focuses on corporate, investor and professional migration, providing an excellent personalised service based on solid ethical principles and a deep knowledge of the new Chilean immigration legislation. The firm emphasises the client’s needs, a sense of urgency and collaboration so that migration proceeds in an orderly and responsible way.

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:

  • there is a free trade agreement with Chile that includes a chapter on the movement of business people;
  • the company has invested or intends to invest over USD500,000, which allows them to qualify for visas for foreign investors and related personnel with sponsorship from InvestChile;
  • the company is part of the StartUp Chile programme of the Production Development Corporation (Corporación de Fomento de la Producción; CORFO); or
  • the company has been awarded research and development funds from the relevant Chilean agency.

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.

  • Temporary residence visa for investors – aimed at foreign individuals and companies that plan to invest over USD500,000 in Chile and can present business plans and proof of funds, as well as showing the potential to generate economic activity.
  • Business visa – allows foreigners engaging in executive or managerial activities related to the business or investments of companies in Chile to obtain a special permit for two years, provided that their stay in the country does not exceed six months per calendar year.
  • Visa for lawful activities remunerated by civil contracts: This visa has a regulation equivalent to that of a labour contract, but is oriented to self-employed persons who sign civil contracts with companies domiciled in Chile.
  • Free trade agreement visa – depending on the agreement, there are four types of corporate migration between companies of the signatory countries that can be facilitated through the model of the General Agreement on Trade in Services (GATS) of the World Trade Organization:
    1. intra corporate transfers, which allow employees of the company located in one country to move to another country;
    2. migration of independent professionals and technicians, who are hired by companies domiciled in another GATS country;
    3. migration of contractual service providers, who work for companies domiciled in one GATS country without domicile in the other, but who must fulfil service contracts in the latter; and
    4. migration of business visitors.
  • Visa for income earners – aimed at foreigners who can prove sufficient income from real estate or other financial assets, inside or outside Chile.
  • Visa under the principle of reciprocity or international agreements – Chile is part of regional agreements that facilitate the residence of certain nationals with no requirements other than not having a criminal record. For example, citizens of Argentina, Bolivia, Brazil, Paraguay and Uruguay are eligible for Mercosur temporary residency, which allows them to live and work in Chile for up to two years simply because of their nationality – ie, without the need for a sponsor. Chile has also signed working holiday agreements with more than 20 countries (including Australia, Canada, New Zealand and several European and Asian countries), allowing young people between 18 and 30 years of age to reside and work temporarily in Chile as a form of cultural exchange without a previous employer. These visas do not require a sponsor, although they have limited quotas and specific conditions (age, funds for self-support, etc).

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:

  • there is an applicable free trade agreement;
  • an investment greater than USD500,000 is being made;
  • InvestChile sponsorship is sought;
  • there is an associated technological entrepreneurship programme under the auspices of CORFO (Corporación de Fomento de la Producción de Chile – Production Development Corporation), which allows access to a tech visa; or
  • the applicant has access to state research and development funds.

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:

  • applications made outside Chile;
  • applications made within Chile after downloading the electronic stamp; and
  • cases where the decision to grant definitive residence has been made.

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.

  • Irregular stay: If a foreigner stays in Chile beyond the authorised period (in case of an expired visa or a tourist whose 90-day stay was exceeded), the usual sanction is an administrative fine, the amount of which varies according to the period of irregularity and whether it is the first offence. The individual must pay the fine to regularise his/her situation or leave the country. If the irregular stay is very prolonged or a repeat offence, the authorities may opt for a more drastic measure such as expulsion from the country, although an opportunity is generally given to pay the fine and update the status.
  • Unauthorised work: A foreigner who works in Chile without permission to do so (eg, a tourist in paid employment) is also in violation of the law. This act can also lead to fines, and even expulsion if it is a repeat offence.
  • Falsification or fraud in immigration documents: Providing false information in a visa application or altering documents (eg, creating fraudulent contracts) may result in denial of the visa application and penalties, including criminal ones.
  • Crimes committed by foreigners: If an immigrant commits a crime in Chile, in addition to criminal sanction, he/she may be subject to judicial expulsion. The immigration authority collaborates with the courts in executing expulsions of convicted foreigners.

As for employers, sanctionable situations include:

  • hiring foreigners who do not have a work permit or qualifying visa: the legislation establishes monetary penalties for the employer, which can exceed USD14,000 per worker in the case of large companies; and
  • exceeding the percentage limit of foreigners in the company – ie, more than 15% on the payroll of a company with at least 25 employees – this may result in labour fines.

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:

  • fully comply with the labour legislation for foreign workers (remuneration, working hours, social security, etc);
  • include (and respect) special migration clauses in the contract; and
  • be proactive with the authority in case of early termination of the relationship.

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.

Hurtado & Bonito Abogados

Av Andrés Bello 2233, Oficina 1004
Providencia
Santiago
Chile

+562 2842 2109

contacto@hurtadoybonito.cl www.hurtadoybonito.cl
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Trends and Developments


Authors



Hurtado & Bonito Abogados is a Chilean law firm specialised in mobility and immigration. The firm was founded by José María Hurtado and Mijail Bonito who, as immigration policy advisors to the Chilean government, actively participated in the drafting and discussion of Law No 21,325, on Migration, which entered into force in 2022 in Chile, and in the design of the most relevant regulatory changes in immigration matters in the country in recent decades. They also stand out for their publication of books, analysis, and participation in seminars and national and international academic activities. Hurtado & Bonito Abogados focuses on corporate, investor and professional migration, providing an excellent personalised service based on solid ethical principles and a deep knowledge of the new Chilean immigration legislation. The firm emphasises the client’s needs, a sense of urgency and collaboration so that migration proceeds in an orderly and responsible way.

Regulatory Framework and Recent Immigration Reforms

In the last two years, Chile has consolidated a new migration legal framework focused on modernising processes and strengthening border control. Law 21.325, on Migration, came into force in February 2022, replacing the old 1975 regulations. This law introduced a new institutional framework – the National Migration Service (Servicio Nacional de Migraciones; SERMIG) – and redefined visa categories and procedures. Among its most important changes is the general prohibition on changing migratory status within Chile; in practical terms, a foreigner entering with transitory stay status (eg, as a tourist) can no longer apply for temporary residence while in the country, with a few humanitarian or qualified exceptions. This marks an important break from the past, forcing companies to plan the acquisition of work visas in advance and, in general, to manage the permits before the individual enters Chile.

Since 2023, legislative adjustments have been made to tighten legislation, either through greater requirements for obtaining citizenship or facilitating expulsion and sanctioning irregular entry, among other measures. Public debate has been focused on the high numbers of irregular entries into the country, but the adjustments are without prejudice to corporate migration linked to investment in the country, key areas such as technology and research and development, and improvements to certain sectors.

New Migration Policies and Administrative Criteria

The state has issued sectorial regulations to implement Law 21.325, with a direct impact on corporate immigration. Through Supreme Decree No 177/2022 of the Ministry of the Interior, more than 15 subcategories of “temporary residence” were defined, focused on different purposes (work, family reunification, investments, studies, etc). For example, the old “visa subject to contract” rigidly linked to an employer has been discontinued. Thus, it is no longer mandatory to incorporate a return travel clause into employment contracts for foreigners, which required the employer to pay for the return ticket at the end of the contract. In addition, the termination of the labour contract no longer implies automatic loss of the visa; a foreign professional with temporary residence may change employer freely without the need to notify the SERMIG, maintaining the validity of the visa even in case of resignation or failure of the worker to comply with the contract. This regulatory change has given greater labour mobility to foreign talent in Chile, in alignment with international standards and making the relocation of professionals and their families more attractive.

Another recent administrative change of great relevance concerns dependants (family members) of expatriates. Under the old regime, dependant family members (eg, spouse and children on a dependent visa) were not allowed to perform remunerated activities in Chile. The new law reversed this: dependants of a temporary residence holder are now allowed to work and perform remunerated activities without having to obtain an independent visa. This is key for foreign executives and professionals, as their partners can continue their careers in Chile, encouraging the decision to relocate. Also, the definition of “dependant” was expanded to include civil partners and children up to 24 years of age if they are studying, reflecting a more inclusive approach to family reunification.

Regarding special work authorisations, the migration authority has flexible mechanisms. One example is the work permit with transitory stay; although a tourist in principle cannot work, SERMIG can authorise specific and sporadic remunerated activities during his/her stay in the country. In fact, the new regulations now allow this type of work permit for tourists to be paid for and managed even before entering Chile. This streamlines the arrival of technical advisors, artists and lecturers for short periods, providing transparency as to the reason for travel and avoiding delays in obtaining a permit while in Chile.

Visa Processes and Processing Times in 2025

Chile has almost completely transitioned to a digital migration management system, which directly impacts the process of obtaining residence and work visas. All applications – whether for temporary residence, a transitory stay or permanent residence – are made online through the official platform (SERMIG’s digital procedures portal). Documents are uploaded electronically, and communications (notifications, approvals, visa stamping) are also accomplished via the web. This has eliminated outdated and face-to-face procedures, although it has necessitated a period of adaptation for users and the administration, and that almost all lines of communication be digital. International corporate clients appreciate the ability to manage permits remotely but must navigate the system in Spanish and closely follow the stages of the online process, which is often not self-explanatory and does not pinpoint the specific documentation required.

In terms of processing time, there are still significant delays, due in part to the backlog accumulated after the pandemic and the high demand for applications in recent years. Currently, a temporary residency takes an average of 6–12 months to resolve, although this depends on the type of visa to be applied for and the nationality of the applicant; some visas may have preferential processing, such as ones related to fee trade or international reciprocity treaties. The definitive residence permit (permanent stay permit) takes around one year to process. These timeframes may vary according to the workload; however, they illustrate that companies must allow considerable time to relocate foreign personnel. In practice, it is advisable to start the procedures as early as possible.

It should be noted that there are much more expeditious procedures for short stays and 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). These short times are possible because these permits are of limited duration and have simpler requirements. The “electronic stamping” of temporary visas is a facilitative element: once the visa is approved, the beneficiary downloads a digital certificate with a QR code that serves as a visa stamped in the passport. With this document, the beneficiary can enter the country or continue with his or her activities inside the country without the requirement for the visa to be affixed to the passport.

While waiting for a temporary residence permit, the foreigner obtains a “residence in process” certificate that legalises his or her stay and work, if s/he applied for the visa from within Chile. Alternatively, s/he can apply, from his or her temporary residence outside Chile, for a work authorisation as a tourist, thus being able to start working immediately. In the corporate environment, these processes have been crucial to avoid delay, allowing employees to start work before the approval of visas. Of course, the company understands there is a risk that the visa will ultimately be rejected, but in practice approval rates are high if the requirements are met.

As good practice, companies should continuously monitor the status of the procedures online (SERMIG offers status inquiries through its portal and provides notification of the key stages being completed via email). It is also important to schedule appointments in advance to obtain the Chilean identity card once the visa has been approved, as this document is essential for the worker to be able, for example, to open bank accounts and operate normally in the country. In short, migration processes in Chile combine the convenience of digitalisation with the challenge of waiting times.

Challenges and Considerations for Companies Hiring Foreigners

For international (or local) companies seeking to mobilise foreign talent to work in Chile, the current landscape presents new operational challenges, along with enhanced legal obligations, which must be carefully addressed. Some of the most relevant practical considerations are discussed below.

Linking corporate migration to migratory categories or procedures that allow for expedited processing of visas

Chile does not have express migratory procedures through which, upon payment of an additional fee, an application is resolved more quickly. Also, the standard category of temporary residence for an employment contract, called “for paid lawful activities” has long processing times. For this reason, companies should link each potential candidate with a migratory subcategory that has an accelerated processing facility, if possible. Thus, it should be verified as to whether:

  • there is a free trade agreement with Chile that includes a chapter on the movement of business people;
  • the company has invested or intends to invest over USD500,000, which allows them to qualify for visas for foreign investors and related personnel with sponsorship by InvestChile;
  • the company is part of the StartUp Chile programme of the Production Development Corporation (Corporación de Fomento de la Producción; CORFO); or
  • the company has been awarded research and development funds from the relevant Chilean agency.

Hiring planning and incorporation times

Given that, in most cases, the foreign professional must obtain his or her visa before traveling to Chile, companies are forced to plan their start dates in advance. A procedure that used to be completed when the worker was already in Chile (under a tourist visa, and with a temporary visa being processed) now requires co-ordination of the entire application from within the candidate’s country of origin or residence. The deadline of up to 12 months for temporary residency means that applications must be planned to run in parallel with a short-term work authorisation as a tourist, if necessary. This time lag impacts project management and necessitates consideration of creative solutions. Here, the recommendation is to initiate immigration procedures immediately after signing a contract or letter of offer, and to constantly monitor their progress. Likewise, it is advisable that communication channels with the foreign worker be kept open, explaining the steps to be followed, since for many people the process can be overwhelming without guidance.

Compliance with special labour standards

Chile maintains in force certain regulations that limit or condition the hiring of foreigners, independent of immigration law. In particular, the Labor Code establishes that, for companies with more than 25 workers, no more than 15% of the staff may be foreign. There are exceptions (eg, certain specialised technical professionals and foreigners married to Chileans are not counted as foreign, and there are additional criteria for exemption in Article 20 of the Labor Code), but large companies must monitor their percentage of foreign employees to avoid violations. In practice, many Chilean companies manage to comply with this quota by favouring the hiring of foreigners with definitive residence (who, since they have the same rights as Chilean nationals, are excluded from the calculation) or by means of legal exceptions. However, it is worth remembering that the labour inspectorate supervises this area and could apply sanctions if the limit is exceeded without legal justification. At the same time, the new immigration legislation introduced harsher sanctions for employers who hire a foreigner not authorised to work. Law 21.325 typifies such conduct as a serious immigration infraction, punishable with fines that scale according to the size of the company and which are applied for each foreign worker hired irregularly. Thus, the employment of a foreign professional without a visa or permit not only exposes the company to labour obligations (duty to pay salaries, contributions and indemnities), but also to significant fines imposed by the immigration authority. In short, the regulatory message is clear: all foreigners must have their immigration status regularised before starting work, and it is the employer’s responsibility to verify this is the case.

Recognition of degrees and professional qualifications

A practical aspect that is sometimes overlooked is validation of the professional credentials of foreign talent. Although the general rule is that there are no requirements for foreigners to practise their professions in Chile, there are two areas regulated by special laws that require prior professional qualification, namely professions related to health and law, and these procedures must be included in the relocation plan when appropriate.

Tax and social security

When a company brings in foreign personnel, important tax considerations arise. Under Chilean tax law, a foreigner with residence in Chile is considered a “resident” for tax purposes after six continuous months or six months in total within two years. During his or her first three years of residence, s/he is only taxed on Chilean-source income; after that period, s/he is taxed on his or her worldwide income. This may influence compensation packages, especially for executives with income or assets abroad. Companies usually offer tax planning advice to their expatriates to take advantage of the 3-year grace period and structure compensation efficiently. Regarding social security, the law requires all workers, both Chilean and foreign, to pay social security and health contributions, but as mentioned above, there is the possibility of exemption for foreign technical specialists through Law 18.156 or through the application of one of the 27 social security agreements signed by Chile. For exemption from Law 18.156, the employee must prove their affiliation to a social security system abroad that at least covers illness, disability, old age and death, and state in writing in the contract his or her willingness to maintain such foreign affiliation. This mechanism is widely used by multinational companies to avoid a double contribution from their rotating personnel. However, it is essential to properly document compliance with the conditions – a labour inspection may request a copy of the contract with a clause whereby they do not contribute in Chile, and certificates proving coverage abroad. In short, in tax and social security matters, companies must ensure that they comply with local regulations without losing sight of the applicable legal benefits, seeking expert advice when necessary to avoid making calculation errors that could be detrimental to the worker or the company.

Conclusion

As of June 2025, Chile has had an evolving corporate immigration landscape marked by recent legal reforms, modernisation of procedures and increasing administrative rigor. Chile remains open to hiring foreign workers, but within a more demanding and structured regulatory framework than in the past. The new Migration Law and its regulations have provided valuable tools: diversified visa categories, online processes, greater protection of labour rights for the migrant and flexibility in aspects such as the labour mobility of the visa holder and the work of his/her dependants. This means that a foreign professional and his/her family can integrate in Chile with fewer bureaucratic obstacles once their permits have been obtained, and companies can manage their international workforces with greater legal certainty.

However, along with these advantages, companies must navigate a number of practical challenges. Anticipation is key: processing deadlines demand medium-term planning in the hiring and mobility of personnel. Strict compliance with regulations (from not exceeding 15% of foreigners on the payroll to not starting work without an approved visa) is an unavoidable necessity, given the enhanced sanctions and proactive monitoring by the authorities. Chile has made it clear that it wants to encourage regular and orderly migration, which means that companies that act diligently in migratory matters will not only avoid fines, but will also have institutional support for their projects. On the other hand, informality or improvisation in these matters has less and less of a place.

In terms of trends, it can be expected that, in the short term, more regulatory adjustments will be made to address grey areas (eg, a framework for international remote workers could be defined, or visas for talent-scarce sectors could be further facilitated). It is also foreseen that the process of digitalisation will continue to deepen, with faster paperwork and perhaps the use of digital IDs for foreigners. Companies that maintain close communication with their legal advisors and keep up to date with circulars from SERMIG and other agencies will be in the best position to adapt quickly to any changes.

In conclusion, Chile in 2025 offers a stable and attractive environment for corporate immigration, as long as the rules of the game are understood and respected. The country values the arrival of experts to contribute to key industries – from mining to technology – but demands in return that migration takes place within formal and contributory channels. With clear language and more transparent procedures than before, the authorities are seeking to ensure that both employers and foreign workers are part of a safe, orderly and regular migration landscape. For the international company, the message is positive: Chile continues to be a hub of opportunity for global talent, and with the right regulatory advice, it is possible to successfully navigate the migration process and reap the rewards of a diverse and highly skilled workforce in this South American destination.

Hurtado & Bonito Abogados

Av Andrés Bello 2233, Oficina 1004
Providencia
Santiago
Chile

+562 2842 2109

contacto@hurtadoybonito.cl www.hurtadoybonito.cl
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Law and Practice

Authors



Hurtado & Bonito Abogados is a Chilean law firm specialised in mobility and immigration. The firm was founded by José María Hurtado and Mijail Bonito who, as immigration policy advisors to the Chilean government, actively participated in the drafting and discussion of Law No 21,325, on Migration, which entered into force in 2022 in Chile, and in the design of the most relevant regulatory changes in immigration matters in the country in recent decades. They also stand out for their publication of books, analysis, and participation in seminars and national and international academic activities. Hurtado & Bonito Abogados focuses on corporate, investor and professional migration, providing an excellent personalised service based on solid ethical principles and a deep knowledge of the new Chilean immigration legislation. The firm emphasises the client’s needs, a sense of urgency and collaboration so that migration proceeds in an orderly and responsible way.

Trends and Developments

Authors



Hurtado & Bonito Abogados is a Chilean law firm specialised in mobility and immigration. The firm was founded by José María Hurtado and Mijail Bonito who, as immigration policy advisors to the Chilean government, actively participated in the drafting and discussion of Law No 21,325, on Migration, which entered into force in 2022 in Chile, and in the design of the most relevant regulatory changes in immigration matters in the country in recent decades. They also stand out for their publication of books, analysis, and participation in seminars and national and international academic activities. Hurtado & Bonito Abogados focuses on corporate, investor and professional migration, providing an excellent personalised service based on solid ethical principles and a deep knowledge of the new Chilean immigration legislation. The firm emphasises the client’s needs, a sense of urgency and collaboration so that migration proceeds in an orderly and responsible way.

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