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The Republic of Chile is a state in South America occupying a long, narrow strip between the coast of the Pacific Ocean and the Andes. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, the Pacific Ocean to the west and the Drake Passage to the south. It has a population of more than 17 million inhabitants and its capital and most populated city is Santiago. Its official language is Spanish and its official currency is the Chilean Peso (CLP).
Permanent residency is the authorization granted to foreign citizens holding a valid temporary resident visa to stay indefinitely in Chile and to do any kind of businesses, as long as it is legal. Once you obtain permanent residency, it is valid for life, you do not have to renew it.
To be eligible for permanent residency, you must meet one of the following three conditions:
Obtaining Permanent Residence in Chile means the permission to settle indefinitely in the country and carry out any activity, with no limitations other than those imposed by current laws.
Chile contemplates different cases to be able to obtain it:
1) Have less than two consecutive years of Visa Subject to Contract.
2) Have at least two years of Student Visa as long as they have completed secondary or professional studies.
3) Have at least one year of Temporary Visa.
For those cases, it is necessary to apply the request within the last 90 days of its validity, prove the activity carried out in the country that allows it to be maintained and not have been out of the country for more than 180 days.
4) If you are a Spouse, Son/Daughter, Father or Mother or you are in a Civil Union with a Chilean citizen.
5) If you are a Spouse, Son/Daughter, Father or Mother of a foreigner with permanent residence in Chile.
The documents necessary to present, according to the different types subject to obtaining Permanent Residence, varies. The more complete the application is, the faster it will be processed. You may have to go to other public institutions and your country’s consulate. In principle, the Criminal Record of the country of origin and of Chile are mandatory. They must be valid for no more than 90 days from the date of issue. All documents issued abroad must be apostilled or legalized by the Chilean consulate of the country of origin and by the Ministry of Foreign Affairs in Chile. In addition, any document that is in a language other than Spanish or English must be translated. A copy of the Identity Card, photograph of the applicant and everything related to the Visas acquired in the Country will also be requested. In turn, for cases stipulated in number 3 and 4, depending on the affinity that is maintained with the foreigner or Chilean, documents to present varies, for example, the Certificate of Marriage and Birth.
To carry out the obtaining process, all the necessary legal documentation has to be acquired, since the website does not allow the process to be completed if all the documentation is not attached. For this, the creation of a “Unique Key” is required through the Civil Registry or at the Chile Attendee offices. Once the same is generated, through the web, complete the required data and pay the fee of around $ 83,000 Chilean pesos. In the event that all the information is correct, the certificate of the Permanent Residence is granted to then obtain the Identity Card for foreigners.
The Definitive Permanence lasts forever, unless it is revoked. In the event that it is rejected, you will not be able to request one again. It is possible to be an uninterrupted year outside the country, after that period, the Definitive Permanence is tacitly revoked. It is important to know that once you complete five years of residence in Chile, counted from the beginning of the first residence visa, and fulfilling the other legal requirements, you can apply for Nationalization.
Chile has introduced a complete overhaul of its immigration system, with consequences for employers.
Following a seven-year legislative process, on 20 April 2021, the new far-reaching reform of Chilean immigration law was published.
The new law, the ‘Immigration and Foreigner Law’ (No. 21,325) replaces Decree-Law N° 1,094 which has been in force for over 40 years since 1975. The Law creates a new immigration system, restructuring Chilean immigration and providing a more organised and controlled migration system.
The new Law is a response to the number of immigrants, which has significantly increased over recent years in Chile, but also a result of socio-political crises in various Latin American countries that see Chile as politically and economically stable and therefore, want to migrate to the country.
The main key changes to the Immigration Law are set out below.
The Law replaces the Department of Immigration and Migration of the Ministry of Interior with a new institution called the ‘National Migration Service’. The old immigration office was criticised, especially for the long wait times and delays in the granting of visas.
The National Migration Service and its Regional Directorates have been created to regulate migration processes throughout the country. It is expected that all procedures and waiting times will be expedited with the creation of the National Migration Service and its Regional Directorates. The national territory will be covered in a better way, without concentrating all the procedures in the Metropolitan Region, especially in Santiago.
In addition, the Service will have to report the processing status of residence permit applications every 60 working days.
The Law establishes new migratory categories and subcategories, which will be processed and granted by the National Immigration Service. There are five main categories of visas:
This is the permit granted by the Service to foreign nationals who enter the country without the intention of settling in it. It authorises them to remain in Chile for a limited period.
Since the Law entered into force, Transitory Stay Permit holders who are in the country may not apply for a residence permit in Chile. Previously, those foreign nationals were able to apply for a visa or residence by entering Chile as a tourist and applying through an in-country process. Now, in-country change of status is restricted by the Law.
Nevertheless, the Law includes some exceptions to this new regulation, for example, for Transitory Stay Permit holders who comply with the requirements in the Law, such as proving to have family ties with Chileans or with permanent residents, cases in which their stay in Chile is consistent with the objectives of the National Policy on Migration and Aliens or in other cases identified by the Undersecretary of the Interior by resolution, after a report from the Migration Service. These individuals will still be able to change their residence status in Chile.
The subcategories of this permit are the following:
This category of permit is provided for diplomats and officials of international organisations.
Temporary residence is granted to foreign nationals who can prove that they have family ties or interests in the country and whose residence is deemed useful and convenient.
The Law establishes the minimum subcategories of Temporary Residence, defined by a Supreme Decree (No. 177) which was published on 14 May 2022 in the Official Gazette. It establishes the following Temporary Residence Migratory Subcategories:
The Supreme Decree establishes the general and particular requirements for obtaining the subcategories of temporary residence set out above. It is important to bear in mind that as a rule, applications for temporary residence permits must be made from abroad through the electronic platform provided by the Migration Service.
There is an exception to this rule for applications for family reunification permits, permits for humanitarian reasons, and permits for individuals whose stay is consistent with the objectives of the National Policy on Migration and Aliens (and other cases established by the Undersecretary of the Interior by resolution), which may be made from Chile.
Likewise, applications by individuals who are already holders of a temporary residence permit and wish to change their migratory subcategory, extend it, or change the quality of the residence permit in relation to dependents, may be requested in Chile through the electronic platform provided by the Migration Service for this purpose.
This permission can be granted to foreign nationals who already have current valid Temporary Residence to reside indefinitely and conduct any lawful activity in Chile.
However, according to Supreme Decree No. 177, those who hold any of the following permits are not eligible to apply for permanent residence:
The new category of ‘qualified nationalisation’ aims to facilitate acquisition of nationality for those with family ties with Chileans. Under it, foreign nationals who have only two years of continuous residence can opt for nationalisation if they meet any of the following requirements:
From Patagonia to the Andes and Chilean Coast Range mountains, Chile regularly draws tourists and foreign nationals alike. If your company is planning to open an office in Chile, you’ll need to find talented employees in the country or relocate some of your current workers. However, all employees from a foreign country must have a work permit in Chile to function legally.
1. Black toppers
2. Engineers for agricultural machinery
4. Technicians with a higher level of training (engineers) for power engineering technology
5. Graduates in power engineering
6. Pavers
7. Special(ist) power engineers
8. Concrete fitters
9. Technicians with a higher level of training (engineers) for data processing
10. Carpenters
11. Special fitters
12. Graduate engineers for data processing
13. Technicians with a higher level of training (engineers) for mechanical engineering
14. Construction joiners
15. Physicians
16. Floor and wall tilers
17. Building plumbers
18. Graduate nurses
19. Pipe installers, pipe fitters
20. Graduates in weak-current and telecommunications engineering
21. Electrical installers, electrical fitters
22. Welders, cutting torch operators
23. Cost accountants
24. Metal turners
25. Graduate mechanical engineers
26. Milling machinists
27. Ophthalmic opticians
28. Special graduate engineers
29. Technicians with a higher education (engineer) for civil engineering
30. Special floor layers
31. Construction and furniture joiners
32. Special fitters
33. Bricklayers
34. Other civil engineering specialists
35. Specialist technicians for mechanical engineering
36. Payroll accountants
37. Wood machine workers
38. Graduate engineers – special professions
39. Varnishers
40. Motor vehicle mechanic
41. Glaziers
42. Train conductors, stokers
43. Building fitters, sheet metal fitters, construction fitters
44. Engineers/technicians for rough mechanicals
45. Special technicians for low voltage engineering and communication engineering
46. Other technicians for fuel and gas technology
47. Restaurant chefs
48. Painters, house painters
49. Stove fitters, potters, stove makers
50. Technicians with a higher level of training (engineer) for technical chemistry, chemical engineers
51. Plastic processors
52. Special technicians in business administration
53. Special technicians for civil engineering
54. Toolmakers, cutters and punchmakers
55. Dealers and sales clerks for iron and metal goods, domestic and kitchen appliances
56. Certified public accountants
57. Special technicians
58. Butchers
59. Vehicle body and radiator sheet metal workers
60. Machine fitters
61. Medical technology specialists
62. Special(ist) technicians for data processing
63. Stone masons, stone sculptors
64. Furniture makers
65. Qualified healthcare assistants
66. Healthcare assistants
67. Estate managers, other hotel and restaurant professionals, residence managers
68. Waiters / Waitresses
Foreign nationals are not allowed to work in Chile if they do not have the proper authorization to work.
Depending on the duration of your work, the type of Chile work visa you have to apply for changes. If you intend to live and work in Chile for a maximum duration of one year, you need a Chile Temporary Residence Visa. There is also the Chile Working Holiday Visa, also valid for up to a year, but only to certain foreign nationals.
After obtaining a job offer or work contract in Chile, all foreign employees should request a work visa.
In order to modernize their immigration system, Chile approved a new immigration law in 2020 that was later published in April 2021 and updated in 2022. Under the new law, Chile’s visa categories have been restructured, with previous residence and work permit categories phased out and a new Temporary Residence Visa category with 16 subcategories introduced.
Foreign nationals wanting to reside and work in Chile must now obtain a Temporary Residence Visa. This new visa can be granted for up to two years and can be renewed indefinitely in two-year increments. Available visa subcategories include:
It is also important to note that under the new work permit, foreign workers cannot be employed and paid by a home company. Under the new law, foreign workers must be employed and paid by a company in Chile, and have a local work contract, job offer, or services contract that reflects that.
Chile is expected to release additional clarifications and guidelines on the new visa categories and associated regulations.
Employees need several documents to get a working visa in Chile, including:
Since Chile uses an online visa application service, all documents should be attached in PDF format. They also need certain names based on document type. For example, the flight reservation should be called “Your Last Name Flight Reservation.” It’s also a good idea to keep all original documents and bring them to the nearest Chile consulate while obtaining a visa.
Coraledu’s mission is to empower internationals to thrive in their lives abroad. We offer tailored work and settlement solutions designed to facilitate success for individuals and their employers worldwide, with a particular focus on Chile. Contact us to discover how we can support you or your employees in achieving both professional and personal fulfillment abroad.
