Chilean Reformed Immigration Regulation: 2018

On Monday April 9, 2018, His Excellency President Sebastián Piñera announced the reformed immigration Law in Santiago. President Piñera declared that Chile will be a country which will welcome immigrants with open arms. Piñera said that due to the large number of immigrants entering the country recently, Chile needs an immigration reform. At the moment Chile counts over 1 million immigrants, of which an estimated 300,000 are illegal. Therefore, right now it is necessary to establish laws that will guarantee the immigration process which will be safe, regulated, organised. The law will confirm a transparent, humanitarian and decent treatment for both immigrants and Chilean citizens whose interests shall also be considered.

The reformed law is a milestone in the history of Chile as it is committed to protect Chilean immigration sector. 

What are the Objectives of the New Immigration Reform in Chile?

The government has set the following objectives for the new immigration reform:

President Piñera has announced the new immigration reform.

1. To guarantee law binding  immigrants a righteous and human treatment.

2. To prevent the entrance of immigrants with a criminal record into the country and strengthen efforts to  against human trafficking.

3. To create a Migration Policy Council in order to create and systematically update, on a regular basis, a migration policy that is clear and transparent. Furthermore, this includes the creation of a National Migration Service, which will be in charge of the executive part of this policy.

4. To create a flexible system of migration categories. This will eliminate the possibility of changing a tourist visa into a residence permit while in Chile. This has been done by many immigrants until now, however, this made it difficult for the government to have a good and clear overview regarding the number and status of immigrants in the country. Therefore, applying for a residence permit from now on has to be done in the country of origin of the applicant.

5. The right to access healthcare.

6. The right to access education.

7. The right to access social security and other fiscal benefits for those that have been residing legally in the country for at least 2 years.

8. Modernisation of the validation process of foreign academic titles.

9. National foreigner registration.

10. Changes in obtaining temporary residence process.

11. Decriminalisation of illegal stay.

Simplifying the deportation of individuals who have violated the migration law during their stay. Immediate deportation of individuals who try to enter the country under unlawful conditions.

What Are the Administrative Changes to Chile’s Immigration Laws?

Reformulation of temporary residence visas created by administrative means:

a. Elimination of the possibility to apply for a temporary visa for working purposes starting from on April 23, 2018. 

b. Temporary opportunity visa: This visa should be requested outside of Chile. The visa is granted for 12 months and can be extended once. This visa is for all individuals who stay in Chile for working purposes up to 12 months. It means Visa Sujeta a Contrato (work visa) has to be applied in the country of origin of the applicant. This visa will come into force on August 1, 2018.

c. Temporary international orientation visa: This visa should be requested outside of Chile. The visa is granted for 12 months and can be extended only once. This visa is for all individuals that come to Chile for working purposes and have a Master’s degree from a world renowned university. A list of these specific universities will be established in the law. This visa will come into force on August 1, 2018.

d. Temporary national orientation visa: This visa is requested in Chilean territory. The visa is granted for 12 months and can be extended once. The visa is granted to individuals who come to Chile for working purposes and have a Master’s degree from a Chilean university. This visa will come into force on August 1, 2018.

Haiti Issue:

From April 16, 2018 on, Haitians will need a Visa Consular de Turista Simples that will allow them to stay in Chile for 30 days. This visa does not apply to those who come for working or migration purposes. It means Visa Sujeta a Contrato (work visa) has to be applied in the country of origin of the applicant (Haiti).

Furthermore, there will also be established a Visa Humanitaria de Reunificación Familiar. This visa is intended for the reunification of families. The visa is granted for 12 months and can be extended once. However, a maximum of 10 thousand of these visas can be granted and it should be requested at the Chilean embassy in Haiti.

Venezuela Issue:

Due to the current political crisis in Venezuela, the “Visa de Responsabilidad Demócratica” will enable Venezuelan citizens without criminal records to seek refuge in Chile. This visa should be requested at the Chilean embassy in Caracas and allows a temporary residence stay of 1 year, which can be extended only once. This visa will come into force on April 16, 2018.

The Chilean government has enabled Venezuelans to do a part of the application process online in an effort to avoid never ending queues outside of the Chilean Consulate in Caracas. After filling in all the necessary information and documents online,  an appointment is arranged at the embassy to obtain the pertinent stamps and seals.

What Is the New Regularisation Procedure for Immigrants in Chile?

One of the main reasons for this reform is to control the immigration of illegal immigrants into Chile. In order to do this, the government will start a regularisation procedure for those who are in the country under illegal circumstances.

It will permit foreigners who are currently in Chile under illegal conditions, who arrived in Chile before April 8, 2018, to register and regularise before the authorities.

Individuals who entered the country under illegal circumstances need to register and apply for a temporary residence permit within 30 days starting on April 23, 2018.

Individuals who are staying in Chile with a residence permit or tourist visa that has expired will need to register and apply for a temporary residence permit within 90 days, starting on April 23, 2018.

Individuals who are working without a working permit, individuals that, as of April 8, 2018, have a valid tourist visa, individuals that have a visa submission in process and individuals that have a reconsideration in process, will have to register and apply for a residence permit within 90 days, starting on April 23, 2018.

The following individuals will not be granted a permit: Those that are deemed a threat to national and international safety. Those that are involved in illegal trafficking of drugs, weapons, contraband or people. Also those that have previously been expelled from Chile for reasons that are still currently in valid.

Furthermore, a permit will not be granted to those that have previous convictions or are under investigation for acts that are considered crimes by the Chilean law.

The Chilean authorities will determine the validity of the documents that are presented by the applicant. Based on this, the Chilean authorities can approve or reject the application.

Those that are currently residing under illegal conditions and who do not register before the deadline will be expelled from the country. Those that present invalid documents will also be expelled.

This is the translated material from Spanish original. Please check Immigration Department, Ministry of Foreign Affairs, Republic of Chile for more and updated information. 

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Source: 1. http://santiagotimes.cl/2018/04/10/migrating-to-chile-get-tougher-for-haitians-and-venezuelans/

2. https://cdn.digital.gob.cl/filer_public/b0/09/b0099d94-2ac5-44b9-9421-5f8f37cf4fc5/nueva_ley_de_migracion.pdf

3. https://www.bizlatinhub.com/migration-reform-chile/?cn-reloaded=1

Chilean Job opportunities for Foreigners.

Moving to Chile for settlement? Interested to get a suitable job? If yes, you have taken an excellent decision to build up a shining future in the richest country in Latin world. 

But Chilean work visa is a complex one for those who have little knowledge on Chilean immigration and labour law. 

It is always wise to 'look before you leap' before boarding a flight to Chile. You may bear the risk of returning for updating your professional diplomas to grab a job in Chile.

What is a Chilean Work Visa?

Work in Chile is very disciplined. Neither the employee nor the employer can bother each other in any way because the labour law is very strict here. In every city there exists the Ministry of Labour where it is free to lodge a complain file. The inspectors check the complains and personally visit the work place to investigate into the lodged complain. If any irregularity is found, he imposes penalty. 

The work visa of Chile should be caterorized into two types. First: The visa that can be obtained after coming to Chile with any other visa (tourist, business, student, etc.) Second: The visa that can be obtained before coming into Chile. This type of visa is a residence visa.

The former visa is a residence visa or residence permit. The processing steps are:

1. Make a work contract at a local notary office with an employer in Chile. The employer may be a person or a company owner. One can employ a foreigner for his personal household work also.

2. Collect documents like passport copy with Chilean existing visa, entry receipt, photos, etc. Note that while applying for residence visa, you must live in Chile legally. If you are living illegally or your visa is expired, you should contact intendencia office. They will check the visa and will fix up a fine payable to a local bank. 

3. Fill up the residence permit application form. Available at Immigration website. 

4. Go to immigration locally called migracion office. The officer will check the documents and receive the papers. They will upload the application into their visa system. After uploading you may check the visa status yourself by entering your vital data into consultation page online. Click Visa consultation page

The latter is a quite different process. In this case, you need to search a job in Chile. You may search online or by anyone who is living in Chile. Note that there are plenty of jobs but not all of them are published online. Only the big ones are found in the internet. The best way is to make the search by your relative in Chile. 

When you find a suitable job, you should employ a local lawyer who will prepare the work contract. You need to send your passport copy because the contract will be prepared using your passport details. The prospective employer will sign but your signing place will remain empty. Then this incomplete contract should be sent to you in original by courier. After receiving this, you are required to go to any Chilean consulate to get it signed and legalised by the related officer. After the signing and legalization you may apply for a work visa at the same consulate. (The link is about the student visa information but also about the visa application process.) Click here Visa Application system

What jobs are available in Chile?

The available jobs should be classified into two groups. The professional or skilled work and the unskilled work. The professional jobs belong to advocate, doctor, IT specialist, trainer, marketing personal, nurse, engineer, architect, English teacher, tourist guide, travel related professional etc. Know how to validate or revalidate your professional diplomas and certificates. Click for info Revalidate foreign diplomas

Unskilled works belong to salesman, hotel work, cook, carpenter, painter, electrician, helper, driver, domestic worker, cleaner, security personal etc. 

Chile is famous for Grape and apple plantation. There are lots of available works. Additionally, Chile has copper mines that require lot of workers. Note that there exist many related institutes that train the unskilled workers. Many odd jobs are available in the sea ports. 

What about salary? 

Chile practises a regulation about the minimum wage. Nobody can pay below the range. Right now this lowest wage or salary is 276,000 Chilean pesos ($409) effective Jan. 1, 2018. Check you updated information. Click here Ministry of Labour

The employer is responsible to pay the worker's monthly medical insurance, pension and tax. This applies to all kinds of works. Failure to pay the related payments timely will invite heavy fine even the termination of visa even if approved.

How can I help?

I am officially authorised to translate, interpret and handle any kind of legal documents within Chile. I can search jobs according to the need of any one. I can negotiate, look for lawyer and arrange work contract. I can also apply visa on behalf of the applicant. But for each case, I will need legal power of attorney specifying the work. I will offer official electronic receipt for all kinds of service. 

If you require any explanation to any point mentioned above, feel free to contact me. 

e-mail: buildfutureinchile@gmail.com,  lamithila@gmail.com 

Whatsapp: +56 9 8644 5624

Disclaimer:

The content of my articles is for informational purposes only. I am not expert nor do I claim to be. My articles are opinion based articles and should be taken as such. I will not be held liable for decisions users make based off the content of my articles. Please do your research before accepting any information as fact. 

Why to Study in Chile

Moving to Chile for higher education has recently become a matter of craze for many Asian students. But the reasons to take such a big decision should be clarified. Before finalising the future plan of settling down in Chile, prospective students should consider the possible advantages and disadvantages. Let me concentrate on both the factors.

Advantages of Higher study in Chile:

1. Chilean education is highly prestigious. Chilean universities are reputed worldwide. Many Chilean universities have bilateral program with other US and European universities.  There are lots of universities with hundreds of courses. So, a foreign student may find his desirable course.

2. All campuses are free of political chaos and so-called terrorism. You will never find any organised fighting group in Chilean universities. Crime is very rare in universities.

3. There are many medical universities in Chile. The admission process of such universities is not so tough.

4. There are plenty of universities in Chile both public and private. As a result, the admission possibility is high particularly for foreigners.

5. There is no session jam at Chilean universities. There is no corruption or bribing in universities. All official process is online.

6. Student resident visa is easy to obtain. After one year, you may apply for a permanent residence (PR).

7. There is hardly any jobless person who have received a university degree. Dignity of labour is ensured in Chile and as a result job market is quite satisfactory.

8. While in study you may apply for a special work permit. If you wish, you may convert your student visa into a temporary (TR) residence visa. With a temporary residence visa you are allowed to start your own business. At the same time, you may study legally.

9. After five years, you may apply for Chilean citizenship. If you are approved Chilean citizenship, you may apply for a Chilean passport.

10. Chile is the richest country in Latin and Central America. Chile´s GDP is USD 24,000 plus.

11. If you have permanent residence, you will not require a visa to enter Argentina, Peru, Colombia and Mexico. You may also transfer your academic credits to the above countries.

12. If you have Chilean passport, you may travel to most of the richest countries like Japan, South Africa, Eurpoe, UK etc. Chile has visa waiver program with USA and Canada. That means, Chilean passport holders may travel to USA and Canada without a regular consular visa.

13. After obtaining your first temporary or student resident visa, you will be given a Chilean ID card. After having ID, you may invite your family in Chile.

14. You may open a bank account and may buy property in Chile.

15. You may exercise your full religious rituals in Chile. Nobody will interfere over your religious faith.

Disadvantages:

1. The language is Spanish in Chile. You may find it boring while unable to communicate with people.

2. Women wear very short dress during hot weather. Some conservative minded people may take it for nudity.

3. Drugs is a social problem in Chile. Pork and beef are the principal food in Chile.

If you are curious about other points, send me an e-mail. I will very happily try to satisfy your question.

Amar Chand Nath
B.A. Honours, M.A. English
Professional translator and Interpreter
(English-Spanish-Bangla-Hindi)
www.tourpartnersa.blogspot.cl
Iquique, Chile.
e-mail: lamithila@gmail.com
Whatsapp: +56 9 5083 4643

Disclaimer: Please refer to the University departments and Immigration offices for updated information. I am or will be NOT responsible for your decision based on my article.

How to study in Chile as a foreign student?

Chilean educational institutions are the most prestigious learning centers in entire Latin and central America. That´s why lots of foreign students jump to Chile every year to build their future. But the admission system of Chilean universities is different from the admission system of other Latin American and European  universities.

Country based students group:

As a foreign student you must fall into any group out of 2 groups. First group is composed of countries that have educational convention with Chile. The countries are Bolivia, Colombia, Cuba, Ecuador, Spain, Mexico, Panama, Peru, Dominican Republic, Venezuela, Argentina, Brazil, Paraguay, Uruguay, Guatemala, Honduras, Haiti, Germany, France and Israel. Click for info Countries with Chile Education convention

Second group include countries that donot have any educational convention with Chile. For example, students from India, Pakistan, Bangladesh, Nepal belong to second group. Let´s confine my article on the second group. Unlike group 1, diplomas and certificates (both academic and professional) from second group countries are NOT recognized in Chile.

So, how to get certificates recognized?

Chile has a special revalidating system of academic and professional certificates obtained from second group of countries. This very process is done at University of Chile.

Once this process is done successfully, a student is allowed to study in Chile. Even professionals like nurses, advocates and doctors can continue their respective professions in Chile legally.

What is the process?

STEP:1

Foreign students from 2nd group should collect the following documents.

1. Legalized or apostiled original Diplomas or  certificates.

(Legalization process for Bangladeshi students: The Diplomas and certificates should be legalized from Education and Foreign Ministry in Bangladesh and then from Bangladesh Embassy in New Delhi. Finally they should be legalized from Chile Embassy in New Delhi.)

2. Official transcripts indicating details of marks obtained at various areas of study, duration of study, credits. Legalized or apostiled.

3. Original study plan. Legalized or apostiled.

4. Study program. (prospective student should contact the University of Chile)

5. Curriculum Vitae

6. Photocopy of passport

7. Professional certificates. Legalized or apostiled. (e.g., doctors, nurses, lawyers)

8. Application form for revalidation. Available with the university.

While applying, the student must indicate his/her name, grades and country name.

Here it must be mentioned that this revalidation process is only for students who have already finished their Bachelor Degrees (both Pass and Honours) in their home country.

STEP:2

After sending the above documents to the University by e-mail, a student has to wait for 15 days for an answer. The authority will fix up a date for an interview with the student. The interview will take place at University of Chile, Santiago. During the interview, the student must produce all original documents (legalized or apostiled). The fee untill the interview is 2 UTM (approximately USD 150).

If the student is unable to attend the interview physically, he/she may appoint any third party who is legally residing in Chile on his/her behalf. In this case third party must possess a power of attorney, duly legalized by Chilean consulate or apostiled. Third party must carry all original documents of the student for presentation during the interview.

STEP:3

After the successful interview, the competent authority will take 60 days to study, verify and assess all the submitted documents. The fee of this step is 3 UTM (approximately USD 220).

STEP:4

After successful finishing of this process, the university will issue a revalidation certificate. The fee of the certificate is approximately USD100.

With this certificate the student is authorised for admisssion at a Chilean University as a regular student.

Now how to get admission at a Chilean Universitity?

There are lots of public and private universities in Chile. Every university has lots of careers. Among the careers, the notables are Arts, Science, Commerce, visual Arts, Music, Computing, Architecture, Engineering, performing Arts, Medicine, Nursing, Law, etc. For local students, there is an entrance exam which is called PSU. For foreign students this exam is often relaxed. After successful admission, the concerned university will issue an offer letter indicating details of the course. This letter is very important for a student visa.

How to join the class at Chile?

After obtaining the offer letter from a Chilen university, the student should immediately apply for a student resident visa at Chilean Consulate in New Delhi (for Indian and Bangladeshi students) Click for student Visa info Student Visa. It will take at least 15 days to get the visa done. With the student resident visa, the student may travel to Chile with a one way ticket. After arriving in Chile, the student must apply for a Chilean ID card (carnet). Failure to collect this ID card will result in being penalised. In the ID card, there is a Chilean unique RUT number. This RUT number is extremely important for residing in Chile. Student Resident Visa info after arrival in Chile

How can I assist during the whole process?

As a registered translator and interpreter, I am authorised to handle the entire process in Chile (authorised to deal with official files). My company is officially registered with Chilean Impuestos Internos SII (Tax Office) Impuestos Internos. I will provide electronic receipt for any of my services. But I will require legalized or apostiled power of attorney. I may represent the interview on behalf of the student.

Sincerely,
Amar Chand Nath,
Iquique, Chile.

For any clarification, more information or service,
I can be reached at my e-mail: lamithila@gmail.com
Whatsapp: +56 9 5083 4643
YouTube: https://www.youtube.com/watch?v=N5RuE9c39rY   Chile Visa basic info