Supreme Decree No.177 determines the migratory subcategories as well as the types of temporary residence permits that will allow their applicants to reside for a specific period in Chile and perform remunerated activities in the country.
Furthermore, the Decree, as well as the New Immigration Law and its respective Regulation determine which migratory subcategories allow non-Chilean nationals to apply for permanent residence in Chile.
Supreme Decree No.177 establishes sixteen (16) migratory subcategories as follows:
1) Family Reunification Permit.
2) Permit for non-Chilean nationals who perform remunerated activities.
3) Permit for non-Chilean nationals who intend to settle in Chile for student purposes at educational institutions recognized by the state.
4) Permit for seasonal workers.
5) Labor opportunities Permit.
6) Permit for non-Chilean nationals subject to Chilean gendarmerie custody.
7) Permit for non-Chilean nationals that are present in the country due to National Justice Courts orders.
8) Humanitarian residence Permit.
9) Permit for individuals covered by international agreements.
10) Permit for religious cults officially recognized.
11) Permit for non-Chilean nationals who are under medical treatment.
12) Permit for retired and pensioned non-Chilean nationals.
13) Permit for ex-permanent resident holders.
14) Permit for investors and related personnel.
15) Multiple-entry business Permit.
16) Permit for refugees and political asylum.
Below, there is a summary of the migratory subcategories that will typically apply to many organizations’ circumstances.
Family Reunification Permit: This Permit is intended for those non-Chilean nationals who have family ties with a Chilean or a non-Chilean national who currently has a permanent residence permit. This permit may be applied for from within Chile or abroad and allows one to perform remunerated activities in Chile.
Permit for non-Chilean nationals who perform remunerated activities: This permit is intended for those non-Chilean nationals who intend to live in Chile and perform remunerated activities under a labor relationship with a Chilean company. Moreover, this permit can only be applied for from abroad.
The end of the labor relationship that was originally provided for by this permit, will not result in the revocation of this residence permit, which allows one to work with different employers without notifying the National Immigration Service.
Permit for individuals covered by international agreements: This permit is intended for nationals or residents, as applicable, of those states that are party to international agreements signed by Chile and which are currently in force by/at the time of filing the application. This permit may be applied for from Chile or abroad.
Regarding the aforementioned, it should be noted that Decree No.177 does not specifically refer to the Mercosur Agreement (Decree 239 of 2008 from the Foreign Ministry of Affairs) which allows nationals from Brazil, Uruguay, Argentina, Paraguay, and Bolivia to apply for this permit only in Chile. Therefore, as of today, the National Immigration Service has not informed if it will be possible to apply for this permit for Mercosur nationals from abroad.
Permit for investors and related personnel: This permit is intended for non-Chilean nationals, legal representatives, and individuals who exercise management functions or senior management in a foreign company who are seeking to invest in Chile for an amount equal to or greater than USD 500,000 every time that this investment is aimed at the production of good and services. This Permit is also intended for those non-Chilean nationals who perform management functions or senior management and the technical assistance experts, hired under a labor relationship or to provide services to a company established in Chile whose equity or assets are controlled directly or indirectly by a foreign investor who owns at least the 10 percent of voting rights or an equivalent participation in the capital stock in case of non-joint stock companies. This permit can only be applied for from abroad and will require, among others, a supporting letter from the Foreign Investment Promotion Government Agency (InvestChile).
Multiple-entry business Permit: This permit is intended for those non-Chilean nationals who, on the occasion of executive or directive activities related to business or investments that companies maintain in Chile, must travel to the country on a regular basis.
Regardless of the validity of this permit, the total length of stay of the non-Chilean national may not exceed six (6) months in each calendar year. This permit can only be applied for from abroad.