Permit for foreigners who carry out remunerated legal activities in Chile
Foreign nationals who wish to settle in Chile for a limited time to engage in lawful paid activities, either as employees or self-employed individuals, can apply for this permit.
The permit must be requested from abroad through the National Migration Service's Digital Procedures website:
As an exception, in accordance with Article 4 of Supreme Decree No. 177 of 2022, those who already hold a temporary residence permit and wish to change their migration subcategory, extend it, or change the status of their residence permit in the case of dependents, may submit the application within the national territory through the electronic platform of the National Migration Service:
Required documentation for foreigners engaging in lawful paid activities in Chile:
General documentation:
A copy of the applicant's passport, which must be valid for at least one year from the date of application submission;
For applicants over 18 years old: A criminal record certificate or equivalent document issued by the competent authority in the country of origin, duly apostilled or legalized, and translated if in a language other than Spanish or English. Additionally, if the applicant has resided in a country other than their country of origin for more than 5 years, a certificate or document issued by the competent authority attesting to the duration of residence in that country must also be provided.
Specific documentation:
In addition to the general documentation, specific documentation must be provided depending on whether the applicant applies with:
a. Employment contract
b. Service contract (fees)
c. Job offer
d. as a business owner
A) Employment Contract:
In addition to the general documentation, an employment contract signed with an individual or legal entity, with a domicile or branch in Chile and an active commencement of activities with the Internal Revenue Service, must be presented when required by the activity to be carried out. The contract duration must not be less than 3 months;
Employer documentation:
If the employer is a for-profit legal entity: The following must also be provided: a) Certificate of Commencement of Activities issued by the Internal Revenue Service (SII); b) Employer's Tax Folder or contractor (optional); and, c) A document, notarized before a notary, proving the ownership or legal representation of the legal entity signing the employment contract, service contract, or job offer;
If the employer is a non-profit legal entity: The following must also be provided: a) Certificate of Validity of Legal Personality (issued by the Civil Registry and Identification Service); and, b) Certificate of Validity of the Legal Personality's Board of Directors (issued by the Civil Registry and Identification Service);
If the employer is an individual: Additionally, documents proving the employer's financial resources to hire the worker must be provided.
Notes on the employment contract:
The contract must be signed by the employer before a Chilean public notary, while the foreign worker must sign it before the competent Consulate, in accordance with the Consular Regulations. The purpose of the employment contract must be consistent with the activities declared by the employer to the Internal Revenue Service. Exceptionally, this requirement may be waived when dealing with activities that, by their nature, do not require the employer to have initiated a business with said public service. The validity period of the permit will be counted from the foreigner's entry into the country. Notwithstanding this, the employer must comply with the notarization and electronic registration duties of the employment contract, regulated in articles 9 and 9 bis of the Labor Code, at the times established in each of these provisions.
B) Job Offer
In addition to the general documentation, the following must be provided:
A formal job offer issued by an individual or legal entity with a domicile or branch in Chile: The job offer must be recorded in a document that has been previously notarized before a Chilean public notary; and,
An acceptance letter from the applicant regarding the Job Offer: granted before the competent Consulate, stating the foreigner's acceptance.
Notes about applying with a job offer:
Based on this information, the foreigner may initiate the application, after which, if approved, a temporary residence permit will be granted for a period of 90 consecutive days.
From the moment the foreigner enters the national territory, they will have 45 consecutive days to present to the National Migration Service a notarized copy of the employment contract and proof of its electronic registration in the terms of article 9 bis of the Labor Code.
This contract must have been signed with the employer who sent the formal offer mentioned in the first paragraph of this article. Based on this information, the temporary residence permit regulated in the previous article will be granted to the applicant. If the requirements in the previous paragraph are not met, the Service will nullify the 90-day permit and order the foreigner to leave the national territory.
This is without prejudice to any civil or criminal liability that may be attributed to the individual or legal entity that issued the job offer that ultimately did not materialize.
C) self-employed activities (fees)
In the case of foreigners who intend to enter the national territory to engage in lawful self-employed activities, and which do not correspond to the migration subcategory of investor regulated in the fourteenth paragraph of Title Two of Supreme Decree No. 177 of 2022, they must provide:
A service provision contract that complies with current labor regulations in Chile, specifying duties and remuneration. The service provision contract must be signed before a notary by the service provider and the contracting party, indicating the RUT number of the company or identity card if it is an individual. It must include a validity clause and income tax clause (if applicable);
Proof of the applicant's professional qualifications or experience in the field in which they intend to work as a self-employed individual. This may include diplomas, certificates, or letters of recommendation, duly apostilled or legalized and translated if in a language other than Spanish or English.
D) Business Owners:
In addition to the general documentation, foreign nationals who wish to establish a business in Chile must provide:
A detailed business plan, including information on the nature of the business, its objectives, market analysis, investment plan, and expected job creation;
Proof of financial resources to support the proposed investment and the applicant's living expenses during their stay in Chile. This can include bank statements, letters of credit, or other financial documents;
Evidence of any relevant experience or qualifications in the field of the proposed business, such as diplomas, certificates, or letters of recommendation, duly apostilled or legalized and translated if in a language other than Spanish or English.
Notes on applying as an entrepreneur:
Based on this information, the foreigner may initiate the application, and if approved, a temporary residence permit will be granted for a period that aligns with the expected duration of the business establishment process. The foreigner must comply with all legal and regulatory requirements in Chile related to the establishment and operation of their business, as well as any applicable tax obligations.
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