Visa Subject to Contract

The Visa Subject to Contract is aimed at foreigners traveling to Chile to comply with an employment contract. This visa may also be granted to those who are in the national territory and who intend to settle in the country for the same purpose.

This permit can be granted for a maximum period of up to 2 years. After term of the visa has expired, an extension may be requested (for up to 2 more years) or the Definitive Permanence may be requested if the residency requirements and documentation requirements are met.

Being subject to an employment contract, the foreigner may live in Chile during the validity of the visa, working only with the employer with whom the presented employment contract was signed.

The Visa Subject to Contract expires automatically if the employment relationship ends. From the date of the termination of the employment relationship, the person has 30 days to apply for a new visa or to leave the country.

Along with the visa for the holder of the employment contract, may be requested a visa for dependents, that is, for persons (spouse, children, parents) who will not carry out economic activities in the country and will depend directly on the visa holder.

Special clauses of the Work Contract

Among the requirements to apply for the visa, is that the employment contract must contain certain special clauses, without these the application will not be approved.

1. a) Validity clause: It states that the obligation to provide services arising from the contract can only be fulfilled once the worker has obtained the corresponding visa or special work permit for foreigners with a visa in process.
2. b) Travel clause: In this clause the employer undertakes to pay, at the end of the employment relationship, the return ticket of the worker and the members of their family, to their country of origin or to the one the parties timely agree.
3. c) Social Security Clause: It states that the worker will contribute to the Chilean social security system, and the employer undertakes to make the withholdings and deliver them to the corresponding institutions.
4. d) Income Tax Clause: This clause should be included only if the agreed remuneration is higher than 13.5 UTM.

Required documentation

The documents required to apply for the Visa Subject to Contract will vary depending on whether it is applied while the person is in the country or if it is requested before a Consulate. Should be requested in Chile, it will also depend on the domicile that has who requests it, being different for those living within the metropolitan area or outside it.

1. General Documentation:
   1. Visa Application Subject to Contract completed in full and signed.
   2. Photocopy of Passport.
   3. Photocopy of the last tourist card.
   4. 3×2 cm photograph, in colors, with full name and passport number.
2. Holder-specific documentation (within the metropolitan region):Employment contract, must contain the special clauses and be signed before a notary public, by the worker and the employer. An original must be sent.
3. Documentation for dependents: 
   In all cases, a sworn statement of expenses in which the visa holder assumes the cost of the maintenance of their dependents in the country, notarized, and a source of income of the maintainer in Chile must be accredited.
   1. Spouse: Original marriage certificate or copy authorized before a notary public.
   2. Children: Original birth certificate, indicating the name of the parents or copy authorized before a notary public.
   3. Parent of the holder: Original birth certificate of the holder, indicating the name of the parents, or authorized copy before a notary public.

If the Visa Subject to Contract is requested before a Chilean Consulate abroad, the required documents are the following:

1. Specific documentation for holders:
   • Photography size 5 × 5 with white background (80% face) in JPG format;
   • Letter of presentation, stating the reasons for working in Chile (PDF);
   • Letter of invitation issued by the employer in Chile (PDF): This document must be signed before a notary and be apostilled or legalized;
   • Original copy of the employment contract (PDF) notarized by the worker and employer, whether or doing special clauses.

To the being a request from abroad, the employment contract must be apostilled or legalized in Chile by e l e mpleador. In addition, the employer in Chile must send an original copy of the work contract physically through postal mail, to be signed at the Consulate by the foreign worker;

1. Criminal Record Certificate of no more than 6 months old (PDF) , must be apostilled or legalized in the issuing country;
2. Health Certificate (PDF), apostilled or legalized in the country of origin.
3. Certificates related to the position or work to be performed in Chile (PDF). These documents must be apostilled or legalized in the country of origin.
4. Specific documentation for dependents:
   • A 5 × 5 size photograph with a white background (80% face) in JPG format;
   • Letter of presentation, explaining the reasons for traveling to Chile (PDF);
   • Criminal Record Certificate no more than 6 months old (PDF). This document must be apostilled or legalized in the issuing country;
   • Health Certificate (PDF). This document must be apostilled or legalized in the country of origin.

If it is a spouse: Original marriage certificate or legalized or apostilled copy, and sworn statement of expenses.

Children: Original birth certificate, indicating the name of the parents or legalized or apostilled copy; and Affidavit of Expenses.

Parent of the holder: Original birth certificate of the holder, indicating the name of the parents, or legalized or apostilled copy; and Affidavit of Expenses.

Visa Subject to Contract for change of employer

The change in visa quality is the possibility that the foreign person has to apply for another visa with a new employer, when the contract that originated the Visa has ended. The foreigner has 30 days to submit a new application for residency, accompanying the settlement, which must be legalized and ratified by both parties before a notary, and a new employment contract.

1. Specific documentation for holders:
   1. Termination of the previous employment contract, signed before a notary by the worker and the former employer, or a certificate of appearance before the Labor Inspectorate that certifies the date of the termination of the employment relationship, or a Judicial Certification certifying the date of the termination of the employment relationship.
   2. If the visa has been granted by a Chilean Consulate, you must submit a photocopy of the original contract, or failing that, a certificate issued by the Ministry of Foreign Affairs, indicating the name of the employer and the date of the authorized contract.
   3. Employment contract with new employer. An original signed before a notary is presented by the worker and the new employer. Must have special clauses
2. Documentation for dependents: In all cases, an affidavit of expenses must be accompanied in which the visa holder assumes the cost of maintaining his dependents in the country, signed before a notary, and the source of income of the maintainer in Chile must be accredited.
   1. Spouse: Original marriage certificate or copy authorized before a notary.
   2. Children: Original birth certificate, indicating the name of the parents or copy authorized before a notary.

Parent of the holder: Original birth certificate of the holder, indicating the name of the parents, or authorized copy before a notary.

Article written by Matias Conejero, attorney from Vivir en Chile.

 

© 2019 – Vivir en Chile
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