Employing foreign talent in Chile requires navigating the country's immigration system, which is managed primarily by the Servicio Nacional de Migraciones (SERMIG). The process involves obtaining the appropriate visa that permits residency, followed by securing a work permit or ensuring the visa itself grants work authorization. Understanding the specific requirements for different visa types, application procedures, and ongoing compliance obligations is essential for both employers and foreign workers to ensure a smooth and legal employment relationship within Chile.
The Chilean immigration framework provides several pathways for individuals seeking to live and work in the country, with the most common route for employees being the Temporary Resident Visa. This visa category encompasses various subcategories, including those specifically designed for individuals coming to Chile under an employment contract. The application process typically involves submitting documentation online, followed by potential in-person steps depending on the applicant's location and nationality.
Common Visa Types for Foreign Workers
The primary visa category for foreign nationals intending to work in Chile under an employment contract is the Temporary Resident Visa (Visa de Residencia Temporal). Within this category, the most relevant subcategory for standard employment is the one granted based on an employment contract.
- Temporary Resident Visa (Employment Contract): This visa is for individuals who have secured a job offer and signed an employment contract with a Chilean employer. It allows the holder to reside and work legally in Chile for a specified period, typically up to two years. Eligibility requires a valid employment contract that meets Chilean labor law standards, proof of professional qualifications or experience relevant to the position, and clean criminal records.
- Temporary Resident Visa (Professional/Technician): While often tied to a contract, this subcategory can sometimes apply to highly qualified individuals even without a prior contract, allowing them a period to seek employment. However, the most direct route for a secured job is the employment contract subcategory.
- Investor Visa: For individuals making a significant investment in Chile. This visa category also grants residency and the ability to work within their investment project.
| Visa Type | Purpose | Typical Validity | Work Authorization |
|---|---|---|---|
| Temporary Resident (Employment Contract) | Work under a Chilean employment contract | Up to 2 years | Yes |
| Temporary Resident (Professional) | Highly qualified professionals | Up to 2 years | Yes |
| Investor Visa | Significant investment in Chile | Up to 2 years | Yes (related) |
Work Permit Application Requirements and Procedures
For most foreign workers entering under an employment contract, the Temporary Resident Visa itself grants work authorization, meaning a separate work permit is not typically required once the visa is approved and activated. The focus is on the visa application process.
The application process is primarily conducted online through the SERMIG platform. Key steps and requirements include:
- Online Application Submission: The applicant, or sometimes the employer, initiates the application via the SERMIG website, selecting the appropriate Temporary Resident Visa category.
- Required Documentation: A comprehensive set of documents must be uploaded. This typically includes:
- Valid passport (with sufficient validity).
- Recent passport-sized photographs.
- Police clearance certificates from the applicant's country of origin and any country they have resided in for the past five years (often requiring apostille or legalization).
- Birth certificate (often requiring apostille or legalization).
- Professional degree or technical qualification certificates (often requiring apostille or legalization).
- Curriculum Vitae (CV).
- The signed employment contract with the Chilean employer. The contract must adhere to Chilean labor law, be written in Spanish, and often requires specific clauses related to the foreign worker's status.
- Employer's legal documentation (e.g., company registration).
- Proof of payment of application fees (if applicable at the time of submission).
- Sponsorship Requirements: The Chilean employer acts as a sponsor by providing the valid employment contract and necessary company documentation. The contract is a fundamental requirement for the visa application.
- Processing Times: Processing times can vary significantly depending on the volume of applications and the complexity of the case. It can range from a few months to over a year. Applicants should apply well in advance of their intended start date.
- Fees: Application fees are typically associated with the visa process. These fees can vary and are usually paid during the online application process or upon approval/issuance of the visa. Additional costs may include document translation, apostille/legalization, and medical examinations if required.
- Visa Stamping/Activation: Once approved, the visa is typically granted electronically. The individual may need to register with the local police (PDI) and obtain a Chilean identification card (Cédula de Identidad) from the Civil Registry (Registro Civil) upon arrival or once the visa is active in Chile.
Pathways to Permanent Residency
Foreign nationals who have resided in Chile on a Temporary Resident Visa for a specific period are generally eligible to apply for Permanent Residency (Permanencia Definitiva).
- Eligibility: The standard requirement is to have held a Temporary Resident Visa for at least two years. The applicant must demonstrate continuous residency in Chile during this period (with limited absences permitted) and show means of support, often through continued employment or other stable income sources.
- Application Process: The application is submitted online through the SERMIG platform. Required documentation includes proof of valid residency over the required period, updated police certificates, proof of income/employment, and other personal documents.
- Review: The application is reviewed based on the applicant's ties to Chile, compliance with immigration laws, and means of subsistence.
- Outcome: If approved, the applicant is granted Permanent Residency, which allows indefinite stay and work rights in Chile.
Dependent Visa Options
Foreign workers holding a Temporary Resident Visa in Chile can typically apply for Temporary Resident Visas for their eligible dependents.
- Eligible Dependents: This usually includes the spouse or registered civil partner, and unmarried children under a certain age (typically 18, or older if studying and financially dependent).
- Application Process: Dependent applications are often linked to the main applicant's visa application or can be applied for subsequently. The process is also online via SERMIG.
- Required Documentation: Documentation includes proof of the relationship to the main applicant (marriage certificate, birth certificates - often requiring apostille/legalization), the main applicant's visa details, passports, police certificates (for adult dependents), and proof that the main applicant can financially support the dependents.
- Work Authorization for Dependents: Spouses and adult children granted a Temporary Resident Visa as dependents generally receive work authorization as part of their visa status, allowing them to seek employment in Chile.
Visa Compliance Obligations
Both employers and foreign employees have significant compliance obligations under Chilean immigration and labor laws.
For Employers:
- Valid Contract: Ensure the foreign employee has a valid employment contract that complies with Chilean labor law and immigration requirements.
- Contract Registration: Register the employment contract with the relevant authorities (e.g., Dirección del Trabajo) if required, and ensure it is available for immigration purposes.
- Reporting Changes: Notify SERMIG of any changes to the employee's status, such as termination of the employment contract, changes in position, or salary adjustments, within specified timeframes.
- Record Keeping: Maintain accurate records of the foreign employee's visa status, contract, and other relevant documentation.
- Compliance with Labor Law: Adhere to all Chilean labor laws regarding wages, working hours, benefits, and working conditions for foreign employees, just as for national employees.
For Employees:
- Maintain Valid Status: Ensure their Temporary Resident Visa remains valid and initiate the renewal process or application for Permanent Residency in a timely manner before expiration.
- Obtain ID Card: Register with the PDI and obtain a Chilean national identification card (Cédula de Identidad) upon receiving their visa.
- Report Changes: Notify SERMIG of changes in address, marital status, or other significant personal information.
- Comply with Visa Conditions: Adhere to the conditions of their visa, including working only for the sponsoring employer if the visa is tied to a specific contract.
- Tax and Social Security: Comply with Chilean tax obligations and register with the relevant social security institutions.
Failure to comply with these obligations can result in penalties for both the employer and the employee, including fines, deportation, and difficulties in future visa applications. Utilizing an Employer of Record service can help companies navigate these complexities and ensure full compliance with Chilean regulations.
