Preguntas Frecuentes Ingles_2008

8/9/2019 Preguntas Frecuentes Ingles_2008

http://slidepdf.com/reader/full/preguntas-frecuentes-ingles2008 1/11

1

FREQUENTLY ASKED QUESTIONS

INFORMATION ON TOURISM

Which document must I require to enter Chile?Upon entry to Chile, the officials of International Police will request your valid and currentpassport. Citizens of the following countries may enter Chile by utilizing their NationalIdentification Card: Argentina, Bolivia, Brazil, Colombia, Ecuador, Paraguay, Peru and Uruguay.

In case of traveling with a minor, which documents must I submit?If the minor is traveling with both parents, they must submit the documents validating the bond orrelationship either by being registered in the passport (the parent’s passport), a birth certificate ofthe minor or the family certificate.

If the minor is traveling with one of the parents, in addition to proof of the bond, they must submit anotarized authorization signed by the father or the mother (depending on who will accompany theminor) in the trip.

If the minor is not your child, they then require a notarized authorization signed by both parents inorder to be allowed to travel with the minor or a document validating your status as the child’sguardian of the minor may also be submitted.

Do I require any previous authorization or must I carry out any type of procedure to enterChilean territory?In order to enter the country with the status of Tourist, the general rule states that a previousauthorization is not required. Yet, some individuals from some nationalities do require such

authorization, called Tourist Visa, which is requested in the Chilean Consulates of the country ororigin in which the reside.

It is recommended that foreigners, who wish to enter Chile as tourists, visit the Chilean Consulatesin their country of residence in order to obtain the any special information their entry to the country.

May I request a resident visa from abroad?Yes. In order to obtain it you must go to the Chilean Consulate in your country of origin or in thecountry you are in and request a visa according to the activity to preform in Chile. For moreinformation, see Appendix 2.

In what way may a foreigner remain in Chilean territory?

There are three categories in which a foreigner may stay in Chile:As a tourist. It is considered as a tourist those foreigners who enter the country with entertainment,sports, health, studies, development of businesses, and family, religious or other similar purposes,without the intention of immigrating, residing or developing any remunerated activities.

As a resident: temporal permit or authorization to live in Chile and develop licit activities in thecountry.

As a permanent resident, this permission is granted to foreigners in order for them to live in Chileon a permanent basis and develop any type of activities, without any limitations except for thosestated by law.



2

How much time does a foreigner have to reside as a tourist in Chile?A foreigner may stay in Chile with a status of tourist for a maximum period of 90 days (counted

from the date of entry to Chilean territory. This benefit does not involve payment of any type). Yet,it is important that you be aware of the fact that border control authorities may limit this period atthe moment of entering the country and grant a permit for less than 90 days. In these cases, if theforeigner still wishes to stay in Chile for 90 days, they may request an extension of this permit untilthe completion of the maximum period of stay allowed by Chilean law.

What procedure must I follow if I wish to stay in Chile as a tourist for more than 90 days?You have two alternatives:Request an extension of the status of tourist. This is a discretionary authorization granted toforeigners so that they may stay in Chile for an additional period of 90 days. The mention extensionhas a cost of US$100. This extension as a tourist does not authorize them to work.

Request a resident visa. As a general rule, this visa allows the applicant to stay one year in thecountry.For further information, see Section 2.

May I work in Chile if I have the status of tourist?In order to work in Chile while having the status of tourist, the interested party must request aspecial work permit for tourists. The cost of this work permit is associated to the nationality ofthe applicant.

What must I do, to leave the country once my tourism authorization has expired?You must prove that you have been the subject of the corresponding administrative sanction o thatyou have the authorization of the corresponding provincial government from the Chief of the

Department of the Alien Status Office.

INFORMATION REGARDING TEMPORARY RESIDENCE

Which are the types of temporary residence existing in Chile?The Chilean legislation considers four types of temporary residence:Subject to contract: This permission is granted to a foreigner, enabling them to work exclusively forthe employer who signed the contract which originated their visa. This visa has a valid period up totwo years and may be extended indefinitely. In spite of this, the foreigner having stayed two yearswith this type of residence may request the Definite Permanence. It must be kept in mind that thesettlement of an employment contract generates the immediate expiration of the visa.

Temporary permit. This is a permission granted to a foreigner who proves having family bonds andinterests in the country or that their stay in Chile is considered useful or advantageous. Suchresidence enables its main holder to reside in the country temporarily and carry out legal activitywithout any special limitations. The duration of this visa is up to one year and is extendable only forone more year. Upon the expiration date of one year period of this visa, the foreigner must request aDefinite Permanence status or leave the country.

Student Visa: This is a residence permit or authorization granted by the immigration authority to aforeigner who enables them to study in educational institutions duly acknowledged by the State.The duration of this visa is up to one year. Should the person hold a scholarship, then this residencepermit will be valid until the foreigner’s scholarship expires and in any case extendable to the end



3

of studies. When the foreigner certifies the end of studies, they may apply for the DefinitePermanence.

Refuge and political asylum: The immigration authority may grant this type of visa to thoseforeigners who, considering the issue of personal safety, and due to predominant politicalcircumstances in their country of origin, are forced to resort to a Chilean diplomatic mission seekingpolitical asylum.

If I have a family bond with a Chilean, which type of residence must I request?Chilean legislation takes into account the possibility of granting temporary residence to thoseforeign people who have a family bond until the second degree with a Chilean individual, that is:Chilean father or mother of a Chilean: see requirements to obtain a temporary visa due to thefact of having a family bond with a Chilean.Spouse of a Chilean: see requirements to obtain a temporary visa due to the fact of having afamily bond with a Chilean.

At the moment of requesting a residence, am I automatically allowed to work?No, the residence visa allows the applicant to work only once the visa has been stamped on theirpassport only, and not before that.

In the case of temporary residence subject to contract, if you wish to work while your applicationfor a residence is being processed, you must request a special work permit for a in processresidence

In the case of residence for a student, it is not possible for them to work while the residence is beingprocessed, except in the case of a Professional Practice corresponding to their studies and whenthese visas are necessary to finance their studies. These authorizations will pay a right equivalent to

50% of the cost of the Visa Subject to Contract. Authorization to work.

At the moment of settling an employment contract, what must I do?The importance of putting an end to an employment relationship, in terms of your legal residence inChile, will depend on the type of residence you are the beneficiary of.

In case you hold a residence permit subject to contract, said permit will expire automatically, basedon the fact that there is a settlement of an employment contract on which the residence permit wasoriginated. Once your employment relationship has ended, you have a period of 30 days toregularize your status, by requesting a new residence.

In case you hold a temporary residence, the fact of terminating an employment contract does not

affect in any way your current residence.

In case you hold a student residence and you have requested an authorization to work, you may facetwo options:

You do not wish to work again, in which case the only concern lies on having your rights as aworker respected. For further information, please visit www.direcciondeltrabajo.cl.

You wish to work again, in which case you must request a new authorization to work. In addition tothis request, you must submit the new work contract and attach a copy of your settlement regardingyour previous employment.



4

Which rights do I have as a foreigner working in Chile?The Chilean labor legislation does not make a difference between Chilean and Foreign workers.Hence, you have the same rights of any given worker. For additional information, please visit

www.direcciondeltrabajo.cl

What cost does the residence in Chile have?The cost of residence in Chile is determined by the criteria established in DL N. 296 of 1995. Itscost is stated in U.S. Dollars (and the equivalent in Chilean currency), depending upon the type ofresidence requested and the nationality of the applicant.

In order to know the cost of the different types of residence for the main holder

Once having obtained my visa, which procedures or steps must I follow?Within the following 30 days after obtaining your residence, you must:Register your visa at International Police: for this, you must go to the Office of International

Police (www.policia.cl) closest to your home address and submitting the following documents:Valid Passport.Two PhotographsObtain the Identification card: This document is obtained at the Civil Registry and IdentificationOffice corresponding to your address. For this procedure, you must submit the followingdocuments:Valid Passport:Registry Card at International PoliceFor further information referring to costs or other useful information, you may enter the webpage ofthe Civil Registry and Identification, www.registrocivil.cl.

Which is the procedure to be followed when a visa with an employer suffers a change within

the holding? Is it necessary to change the visa or should I simply let it be known?Requirements.You must only report it, since labor continuity is considered. The importance of reporting thissituation in writing is highly emphasized.

It is stated that, if the worker changes within a holding and then the contract is therefore settled, heis obliged to request a change of visa within the following 30 days. This prevents the worker fromfalling in an irregular status as far as permanence is concerned.

INFORMATION CONCERNING DEFINITE PERMANENCE

How long must I reside in Chile to request Definite Permanence?

The legal deadline for permanence in Chile varies according to the type of residence you hold. Thatis:Having a residence subject to contract: this residence requires a stay of two years withoutinterruption.Having a temporary residence: This residence requires a stay of one year without interruption.Having a student residence: this residence requires a stay of two years, but it additionally states thatthey must have finished their studies, whether these are college or high school studies.



5

Official Residents:Which is the deadline to submit a request for Definite Permanence?These requests are considered within the deadline when they are submitted during a period of 30

days following the date of issuing of the certificate which accredits the end of the official visa.After this period, the foreigner must be sanctioned.

What happens if the person traveled during the period in between?Nothing. The person is not even reprimanded

What happens with the dependents of a main holder who is an official resident whom wish torequest definite permanence, if the main holder leaves Chile?They may request Definite Permanence (DEFINITE PERMANENCE) even though the main holderof the visa leaves the country. The dependent must accompany a Certificate of the Ministry ofForeign Relations certifying the ending of the Mission or Relinquishing of the official visa.

As far as the manner in which dependents accredit their incomes, this may be specified by anydocument that proves their income (work contract, invoices, business initiation, payment of VAT,shares, etc.). See Requirements Pcorreo-13

When may students opt for a Definite Permanence Visa?Students may obtain a PERMANENT RESIDENCE when:They have finished their studies.They have a High School Diploma.They have resided two years with a student visa.They have economic support. This must be proven through an authorized job offer before a notarypublic, and may be complemented with other incomes such as money exchange receipts, bankdeposits on their name, etc.

In case of having made one or two changes as far as employers is concerned, how is the timebetween visas considered to request a Permanent Residence Visa?The important issue is that, in case there has been a contract settlement, no more than 90 dayselapse between the date of settlement and the request for the new vista. Only in that case

Will there be continuity. It is so as long as the person does not leave Chile during the periodbetween the end of one visa and request for a new one, due to the fact that the immigration statuswill change to a tourist status.

If a foreigner requests A DEFINITE PERMANENCE, but his visas are of two consecutiveyears, but there is a lapse of time without visa due to the fact of having changed employer,

how much time may the foreigner remain without a visa, so that they may be acknowledged ascomplying with the deadline?Up to 90 days.

This deadline is considered from the end of a visa and the stamping of another visa or fromthe end of the first one and the date of request of the second visa?This is considered from the end of one visa (due to the expiration of contract or settlement date) andthe REQUEST for the new visa.

TO THE FOREIGNER WITH TWO VISAS SUBJECT TO CONTRACT SECUENTIALBUT WITH DIFFERENT EMPLOYERS, AND THAT IN ONE OF THE TWO VISAS, ONE



6

YEAR HAS NOT ELAPSED (example, the person is missing one day due to the settlement ofthe contract relationship), MAY THEY REQUEST THE DEFINITE PERMANENCE?No, because the person does not comply with the two-year period of residence subject to contract

demanded by the Law.

How many changes in terms of employer are allowed?Any amount of changes can be made according to its need.It must be considered that, if the first visa subject to contract granted for two years lasted only 1year and 6 months, due to the termination in advance of the labor relation (for example, asettlement) and then a second visa subject to contract is granted due to the existence of a newcontract, and they completes the two-year period during the time covered by one of the visas, theyare enabled to request the Definite Permanence within 30 days of the expiration date of the visa. Weremind you that the time of request of a new visa must not exceed ninety days.

What cost does the Definitive Permanence have?

The cost of a Definite Permanence is $41.023 for all requesting individuals, except for the spouse ofa Chilean and minors, who do not pay at all.

Which rights do I have as a resident with Definite Permanence?This enables the person to reside in Chile indefinitely and carry out any type of activity, withouthaving any limitations other than those specified by legal dispositions and legal norms.

Which duties do I have as a resident with Definite Permanence?Within 30 days following to the granting of your residence, you must:Register your Definite Permanence in International Police. To this effect, you must go to the officeof International Police (www.policia.cl) corresponding to your home address with the followingdocuments:

Valid passport.Two photographs.Obtain the Identification card. To obtain this card, you must concur to the Civil Registry andIdentification Service you must have the following documents:Valid passport.Registry Card in International Police.For further information referring to the cost or other aspects of interest, you may access thewebpage of the Civil Registry and Identification Service, www.registrocivil.cl

I must travel outside Chile. How long may I remain abroad without losing my DefinitePermanence?The Definite Permanence is tacitly revoked when the main holder has remained during an

uninterrupted period of more than one year outside Chile.Yet, you may request in Chilean Consulates abroad an extension of your Definite Permanence fora period of one year. This extension must be requested 60 days before the expiration date of yourDefinite Permanence and only a maximum of four extensions may be granted sequentially.

Which are the deadlines to submit reconsiderations concerning Permanent Residence in caseof their rejection?According to Article 142 bis of the Alien Status Office, it will be possible to submit a request forreconsideration within three days following the notification of the Resolution of Rejection ofDefinite Permanence.



7

How many times is it possible to reconsider?Only once will it be possible to request a Reconsideration of Rejection of Definite Permanence.

When is the Permanent Residence lost?-By revocation, in accordance to the reasons indicated in articles 65 and 66 of Alien Status Law andArticles 139 and 140 indicated in the Alien Status Ruling.-By tacit revocation. That is, for having remained outside Chile for more than one year withouthaving requested an extension of the Definite Permanence.-A maximum of 4 extensions. These are requested within a period of 60 days before the year.

Is a Definite Permanence visa held by a foreigner valid indefinitely or must the person renewit at some point?

A Definite Permanence visa is indefinite, unless it is revoked by the Ministry of the Interior or if themain holder loses it by tacit revocation.

Which procedures must a foreigner follow after obtaining a Definite Permanence?Once they has remained in Chile as a resident for 5 years and complies with other legalrequirements, they may request a Letter of Naturalization.

May I decline the Definite Permanence visa without having left Chile? Which reasons wouldexplain the previous question?There is no such thing as declining a Definite Permanence.

What do Modifications of Identification and Nationality mean?a). A Modification of Identification: This is performed when there is a difference in theIdentification between the Certificate of Permanent Residence (Permanence Certificate) and the

Identification Card or there is a difference between the Certificate of Permanent Residence and thepassport.It might also be due to an alteration in a name, last name, hyphen or other.Time of delay: Approximately 90 days.

b). Modification of Nationality: This is done when the nationality appearing in the Certificate ofPermanent Residence is different to the nationality indicated in the passport or identification card.Time of Delay: Approximately 90 days.

INFORMATION ON NATURALIZATION

The formalities for recovery or decline are free of charge, and have a time of delay of 20 days.

Who may apply to the Chilean nationality?The following people may opt to the Chilean nationality:The children of foreigners who are in Chile due to the performance of a specific service to theirGovernment.The children of in transit foreigners.

Who are the children of in transit Foreigners?They are those children of foreign mother and father, born in Chile, whose parents were in an intransit status in Chile, whether this status was that of tourists or residing in an irregular manner.

When may I apply to the Chilean nationality?In order to apply for the Chilean nationality, the person must wait until their 21st birthday.



8

How may I apply to a Chilean nationality?In order to exercise this right, the person must submit the following documents:

A Chilean Birth Certificate.A Request of Option to a Chilean Nationality, which must carried out within a period of one year,counted from the date in which the applicant turns 21.Photocopy of the certificate of permanent residence or identification card for foreigners, if residingin Chile.

The request may be submitted in front of the respective provincial governor, in front of the Alienand Immigration Status Office of the Ministry of the Interior of Chile, or in front the Consul orChilean Diplomatic Agent abroad, depending on the location of residence of the applicant.

REQUEST FOR A LETTER OF NATURALIZATION

Where may I submit my request for a letter of naturalization?The request of the Letter of Naturalization is submitted at the Offices of the Alien Status andImmigrant Office (Seccion PEDE y Nacionalización, Casificador 8, Correo Central, Santiago) ifthey resides in Santiago or in the different offices of the provincial government if they resides in aprovince.

Which countries have an agreement of double nationality with Chile?

Agreement of Double Nationality between Chile and Spain:For those Spaniards those born in The Balearic Island and the Canary Islands.Advantage: Relinquishing the nationality is not demanded.Requirement: Submit a Notarized Sworn Statement in which it is requested to submit to the

Agreement of Double Nationality between Chile and Spain.

Who may not request the Chilean nationality through a letter of naturalization?The following people will not be able to obtain this benefit, Article 3 DS 142:Those individuals who have been sentenced or who are being currently processed for simpleoffenses or crimes, until the matter is duly solved.Those people who are not capable of making a living.Those people who practice or promote political doctrines that may produce a revolutionaryalteration of the social or political order, or that may affect the national security.Those who are involved in illegal activities or good customs or habits, the morality and the publicorder and in general those foreigners whose naturalization is not considered convenient for reasonsof national security.

What are the certificates of naturalization and non-naturalization used for?They are used to accredit that a person has naturalized or not through the Letter of Naturalization.Generally speaking, the relatives of foreigners ask for this document in order to submit it in theConsulates, with the objective of validating the double nationality and obtain the respectivepassport.

Where is it possible to obtain the certificates of naturalization and non-naturalization?It is possible to obtain these certificates at any moment in which the interested party or theirrelatives request so. They are requested by MAIL to Clasificador No 8, Correo Central, Santiago.



9

INFORMATION FOR PEOPLE BORN IN CHILE WHO HAVE LOST THEIRNATIONALITY OF ORIGIN BECAUSE THEY HAVE BECOME NATURALIZED IN AFOREIGN COUNTRY

Does a person born in Chile and naturalized in a foreign country lose the Chilean nationality?

According to the constitutional amendment dated August 26, 2005, CHILEAN CITIZENS DONOT LOSE THEIR CHILEAN CITIZENSHIP for having become naturalized in a foreign country,except those who relinquish the citizenship voluntarily before a competent authority.

Which procedure must be followed by a person naturalized abroad, who has not relinquishedthe Chilean nationality and wishes to obtain Chilean documents of Identification and travel?

This person must go to the Civil Registry and Identification Service and obtain an updated birthcertificate.-If in the birth registration there is no sub-inscription indicating the loss of the Chilean nationality,

they may obtain documents as a Chilean citizen directly in the mentioned service.-If there is a sub inscription in the birth certificate, the requesting party must go to the Alien Statusand Immigration Office or to the provincial governments if the person is in Chile. In case ofresiding abroad, the person must go to the Chilean Consulates and request this sub inscription to beeliminated. To this effect, the person must fill in a form specially made for this purpose andavailable in the offices mentioned. Then, the person must enclose a copy of the updated birthcertificate.

Which procedure must a person born in Chile and naturalized in a foreign country that doesnot want to maintain the Chilean citizenship?This person must clearly and voluntarily relinquish the Chilean nationality. To this effect, the theapplicant must go in person to the Alien and Immigration Status Office of the Ministry of the

Interior or to the provincial governments corresponding to their home address if residing in Chile orto the Chilean Consulates if residing abroad and sign the Form Relinquishing the Chileannationality, specially made for this instance and enclose a copy of the letter of naturalizationabroad, in which the date of acquisition of the foreign nationality obtained is clearly indicated. Itmust be observed that in this case, the only way in which it will be possible to recover the Chileannationality will be BY LAW.

What cost do these procedures have and how long do the formalities of “elimination of subinscription of loss of Chilean nationality and the”relinquishing to the Chilean nationality”have?These formalities do not have any cost and they take approximately 20 working days.

Which procedures or formalities must be carried out by the Chilean naturalized abroad whorelinquish the Chilean nationality and wish to reside in Chile?These people must request a residence visa in Chile, either temporary, definite or by grace, ormaintain the Permanent Residence Status which they are main holders of.

Last modification, July 2008



10

May persons of Chilean origin who have relinquished the Chilean nationality, request adefinite permanence by grace?Yes, they may do so and in whichever immigration situation the find themselves in (tourist,

temporary resident or irregular resident)What Identification will a person naturalized in a foreign country and who maintains theChilean residence by virtue of the constitutional amendment have?This person must obtain the documents as a Chilean and with the names indicated in the CivilRegistry and Identification Service.

May a Chilean who relinquishes the Chilean nationality and has changed them names uponnaturalization abroad obtain documents as a foreigner living in Chile with the names theyregisters in the birth registration in Chile?No. When obtaining the residence as a foreigner and Identification card as a foreigner, the namesappearing in them foreign passport will be maintained.

INFORMATION FOR EMPLOYERS OF FOREIGNERS

I wish to hire a foreigner. How do I know the person is allowed to work? As an employer of aforeigner, which are my obligations? I have terminated a contractual relation with aforeigner. Which are my obligations?

I wish to hire a foreigner. How do I know the person is allowed to work?The Civil Registry and Identification Service grants to every foreigner who has a residence in Chilean Identification Card. There is an indication on the back of this card which specifies the type ofresidence the foreigner has. Depending upon the type of residence granted to the foreigner, theemployer will know which procedure to follow upon hiring a foreigner.If the person holds a temporary residence or a definite permanence, there is no problem with youhiring this person. If the person has a residence subject to contract granted with another employer,

the foreigner is not allowed to work for you. Hence, you must request that he submit a new requestfor residence, being the reason the contract you have signed with the foreigner.If the person has a student visa, that person is not allowed to work. Hence, they must be asked torequest an authorization to work.Which are my obligations as the employer of a foreigner?Chilean legislation does not make a difference between hiring a Chilean or a foreigner as far as yourobligations is concerned. The only concern you must have when hiring a foreigner is to make surethey are in Chile under a regular status.Last modification, July 2006 14

I have terminated a contractual relation with a foreigner. Which are my obligations?It will be the responsibility of the employer or of whoever the person in charge of the foreigner is,to make it known (in writing) to the corresponding competent authority, in a period of 15 days, any

circumstance which alters or modifies the status of residence of the foreigner in question. (If morebackground information is required, please verify D.S. No. 597, article 46 of the ImmigrationLegislation).As far as labor matters are concerned, the same norms apply to foreign workers. Further informationin www.direcciondeltrabajo.cl

INFORMATION CONCERNING IMMIGRATION SANCTIONS

What type of infringements may be committed?What is the amount of the infringements?How do I know the amount I must pay?Which type of infringements may I commit?



11

The immigration legislation considers basically three sanctions:By residing irregularly in Chile, when the foreigner remains in the national territory after the touristor residence permission has expired.

For working illegally; both the foreigner who works without the respective permit and the employerwho grants the job.For not registering or not obtaining an Identification card: once the residence or definitepermanence has been granted, the foreigner has 30 days to register and obtain them Identificationcard.

What is the amount I must pay?In order to know how much one must pay one must go to the Alien Status Offices of the provincialgovernments or the Intendance of the Metropolitan Region, depending on the location in which theyresides, so that an official of this division determines the amount of the sanction.

Where do I pay the sanction?You must go to any bank in Chile to request a “Cashiers Check”. This document must be requested

under your name and in favor of the Ministry of the Interior.Last modification, July 2006 15 once you have obtained the document, you must go to the AlienStatus Offices and regional intendancies in which our officials will deliver a copy of your sanctionand a payment slip.

INFORMATION REGARDING OFFICE IN WHICH TO PERFORM THEIMMIGRATION FORMALITIES.

Where must I carry out my procedures of Alien Status Office?In each Intendancy and provincial governments of the country there exists an Alien Status andImmigration Office in charge of receiving your documents. For further information, please verifyLocations in which to carry out your formalities

In Santiago, you must go to the Alien Status and Immigration Offices of the Intendance of theMetropolitan Region, located on San Antonio 580 2nd Floor, Santiago commune. Their office hoursare: Mondays to Fridays, from 8:30 am to 2:00 pm.Last modification, July 2008

Preguntas Frecuentes Ingles_2008

Documents

Transcript of Preguntas Frecuentes Ingles_2008