*Specialized knowledge: is a special knowledge of the product, services, research, equipment, techniques, management or interests of the organisation and their application to international markets, or an advanced level, of knowledge or expertise in the processes and procedures of the organisation.

Foreign specialized knowledge workers entering the country to perform an employment contract with Chilean companies and whose compensation is paid in Chile, shall be granted a 'residence under contract'. In case that this persons have a contract with foreign companies and whose compensation is paid from it, out of Chile, they can obtain a temporary residence.

*Intra-company transferees: Persons employed by an enterprise who seeks to render services to that enterprise or a subsidiary or affilitate thereof, in a capacity that is managerial, executive or involves specialized knowledge. The subject mentioned before has a fundament that the worker will receive his remuneration from aborad or the leader has not representation in Chile. These persons shall be granted a temporary residence.

Requested documentation varies depending on the visa the applicant is seeking and if the visa is lodged in a Chilean Consulate overseas or inside the country.

In general terms, the business person has to attach the following documents if he/she is applying for a temporary residence visa:

• Passport
• Complete visa application form
• Two photographs
• Documentation that proves the activities to be undertaken by the applicant in Chile
• Description of investment project, if any
• Demonstrate that Chilean personnel will be employed
• Additional documents may be required.

The documents that have to be attached if the visa request is for residency subject to a labour contract are the following:

• Passport
• Complete visa application form
• Two photographs
• Two copies of a labour contract with a Chilean employer (Chilean companies or foreign companies established in Chile)
• The company, institution or employer shall be legally established in the country
• The employer and the worker or whosoever represents him/her shall sign the employment contract in Chile before a Notary Public. If it were to be entered into abroad, it shall be signed by the same parties before an appropriate diplomatic or consular official, and be duly legalized by the Ministry of Foreign Affairs, according to the procedure established in Section 345 of the Civil Procedure Code, as applicable:
  • When dealing with professionals or specialized technicians, these shall certify such status by submitting a duly certified diploma. Otherwise, they shall prove their skills and know-how in any specialty by submitting a work Certificate or any other documentary evidence;
  • The undertaking of the profession, activity or trade for which they have been hired shall be essential or necessary for the country's development. For this purpose, a report from the corresponding Association or Technical or Professional College or from the appropriate Offical Agency might be required;
  • The activities they shall undertake in Chile shall not be considered dangerous or pose a threat to national security. If there were any doubts as to the nature of the work the applicant is to undertake in the country, the Ministry of National Defense shall be consulted; and
  • It shall also be checked that both hiring and the contract fall in line with the applicable labor and social security general conditions.
  • The employment contract that is attached for obtaining the visa shall mention, at least, the following: place and date of subscription; name, nationality and domicile of the contracting parties; marital status, profession or trade and place of origin of the employee; nature of the work to be undertaken in Chile; working timetable and workplace; specification of his/her compensation in local or foreign currency; the employer's obligation to pay the corresponding incoome tax for any compensation paid; duration of the contract and the date activities shall commence.
  • It shall also contain a special clause by virtue of which the employer undertakes to pay to the employee and other members of his/her household, the return fare to their country of origin or whatever country they may have agreed upon. Any guarantee deemed necessary for securing such payment may also be required.

When there are circumstances that bring the employment contract to an end, the employer shall notify this fact to the Ministry of the Interior in Santiago and the Regional and Provincial Governors in the region and provinces (Amended by Executive Decree No.2, 910/2000).

The contract shall not be deemed as terminated if and when, according to the provisions in the Labour Code, there is working continuity. (Added by Executive Decree No. 2,910/2000).

(i) The employer's obligation to submit to the foreign worker and his/her dependant family members the ticket back to his/her country or any other country the parties agree at the end of the labour relationship.

(ii) The labour contract will only be valid once the employee obtains the residency subject to a labour contract or a provisory working authorisation. It is necessary to state that the applicant may seek for a provisional working authorisation while the immigration authority processes his/her visa application.

(iii) The social security payments will be done through the Chilean system.

• Employer and employee shall sign the labout contract in presence of a Notary Public.
• Additional documents may be required in special cases.

Processing time is 15 working days if the visa is requested at Chilean Consulate and 2 months inside Chile.

If the applicant is in Chile and has a 'specialized knowledge', processing time is 30 days. In the case of 'Intra-Company Transferees' who apply for a residence in Chile the processing time is 30 days too.

Length of stay conforms to validity.

A temporary resident visa shall be valid for a maximum of one year and may be extended once only for a similar period. If the period is not mentioned in the passport, it shall be understood as being the maximum one.

The holder of a temporary resident visa who has completed a one-year residence term may apply for a permanent residence permit and if he/she completes two years' residence in Chile, he/she shall be bound to do so. Otherwise, he/she shall have to leave the country.

Validity period of residence subject to a labour contract depends on the terms of the contract, but in no case can the visa be granted for more than three years. All in all, the termination of the contract which has served as the basis for granting the visa shall bring about the expiration of the employee's visa, as well as of those granted to the members of his/her household, regardless of the holders being entitled to apply for new ones or permanent residence permits, if applicable.

Fees vary according to the nationality of the applicant and the type of the visa.

Residence subject to a labour contract (US$)

• Australia - 225
• Brunei Darussalam - 12
• Canada - 125
• People's Republic of China - 152
• Hong Kong, China - 21
• Indonesia - 100
• Japan - 57
• Republic of Korea - 40
• Malaysia - 295
• Mexico - 255
• New Zealand - 200
• Papua New Guinea  - 167
• Peru - 80
• Philippines - 170
• Russian Federation - 125
• Singapore - 28
• Chinese Taipei - 66
• Thailand - 13
• United States of America - 0
• Vietnam - 100

Temporary residence visa (US$)

• Australia - 225
• Brunei Darussalam - 12
• Canada - 170
• People's Republic of China - 152
• Hong Kong, China - 21
• Indonesia - 100
• Japan - 57
• Republic of Korea - 40
• Malaysia - 106
• Mexico - 191
• New Zealand - 460
• Papua New Guinea - 176
• Peru - 80
• Philippines - 165
• Russian Federation - 170
• Singapore - 210
• Chinese Taipei - 66
• Thailand - 13
• United States of America - 0
• Vietnam - 100

Business temporary residents may extend their visa for a period of up to one year without having to depart from Chile. The applicant has to demonstrate that the conditions on which the visa is based still remain.

Residents subject to a labour contract may extend their visa if the labour contract prevails in effect. In general terms, beside of the requirements mentioned above, the applicant has to submit a document from the employer certifying that he/she still pursues the job, documenting his/her 3 last salaries and demonstrating that social security payments have been done.

Dependant family members are allowed to accompany the principal visa holder on the same terms and condition. A dependant may study but not work in Chile.

In accordance to Chilean current immigration legislation, family members who live with the principal visa holder, including the spouse, parents and children of both or any of them, provided they are dependent household members of the visa holder.

The visa fees for dependants if US$15.

The refusal of a visa application lodged inside the country may be appealed within 3 days from the time the applicant takes notice of the decision.

In case of refusal by the Ministry of Foreign Affairs (Consulates), reconsideration may be requested without limit of time.