• Announcements
    Replies
    Views
    Last post
  • Announcements
    Replies
    Views
    Last post

LEGAL OPINION - Doug Tompkins can be deported?

Anything related to legal issues, immigration, problems, regulations, tax issues, or any other law or legal related problem in Chile. Moderated By A Chilean Attorney.

Moderator: Zvalenzuela

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby eeuunikkeiexpat on Thu Apr 17, 2008 1:56 am

Well all this animosity towards living on a tourist visa ...

Since I am one of those now black marked individuals, I will report each time I leave and reenter the country and relay if anything has changed.

7 years coming this May (half of Tompkins!! :) ). I have 100% abided by the law which fully permits what I am doing.

Seems some of the fiercest critics to the policy are actually foreigners who have residency not the average chileno who really doesn't give a damn or care as long as you are not taking anything from the pot (and if you are, it is only a matter of time before they turn you in to their legalistic system).

Show me where I am breaking the law.

If this is a real issue, why have I never been detained for further investigation during my entries and exits? Why not even a smart assed comment from an Chile Immigrations offical? You should see the quantity of Chile stamps in my current and past passport.

Unless a new policy is written up by Extranjeria and released for all to see, all this is bull$hit posturing by government dweebs.

Salud y Noches

-eeuunikkeiexpat OUT
None are more hopelessly enslaved than those who falsely believe they are free — Goethe
User avatar
eeuunikkeiexpat
Rank: Chile Forum Hero
 
Posts: 1174
Joined: Fri Sep 01, 2006 1:38 am
Location: (Above image) The view from my dpto, V Región, somewhere south of Valpo

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby Vicki and Greg Lansen on Thu Apr 17, 2008 9:15 am

Hey eeuu...you're right, we've gotten away from the topic of the tourist visa. Let's see if Sra. Zandra might weigh in on this...

Greg and I did the Visa hop here for the first few months, and applied for our one-year visas for two reasons...1.) bank account, and 2.) it was easy. For six years I did a 90-day tourist thing in Costa Rica and Panama because it was such a pain in the ass to get my residency in those places. A nightmare of jumping through flaming hoops that changed from week to week - not to mention the necessity of an attorney. Here, even without decent Spanish, we accomplished it within a little over one month, and no tears.

Aside from filling up your passport with a lot of stamps, I can't imagine any drawback to doing the 90-day thing. You are staying in compliance, so why would it be a problem? I didn't see the article I think you were referring to, but it seems as if you have been complying with the law...so what's the deal?

The last six months I lived in Panama, the law changed from the 90-day in, 3-day out rule, to 30 days in, 3-days out! Lots of gnashing and screaming went on about it, why, why why we asked Rubin Blades, the head of tourism???? There were no concrete answers and it is still up in the air. I don't see Chile doing any such thing. And Chile doesn't seem to be a knee jerk law country.

Zandra???? Any thoughts????

Vicki :mrgreen:
Vicki and Greg Lansen
Rank: Chile Forum Hero
 
Posts: 810
Joined: Wed Sep 06, 2006 8:02 pm
Location: Formerly in Panama, now in Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby Laura55llc on Thu Apr 17, 2008 10:22 am

I think ther problem is "“Tompkins is here as a tourist, and he has renewed his visa in accordance with the law … but, he has to be very careful because tourists are prohibited from becoming actors in Chilean politics,” said Vidal, referring to an op-ed published last week in which Tompkins criticized Chile’s environmental policies. "
"Our life is frittered away by detail. Simplify, simplify." Henry David Thoreau
User avatar
Laura55llc
Rank: Chile Forum Hero
 
Posts: 254
Joined: Thu Jun 07, 2007 8:16 pm
Location: Central Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby eeuunikkeiexpat on Thu Apr 17, 2008 10:37 am

There have been two articles and a short in the The Santiago Times on the Tompkins issue in the past three days. The recent short article seems to indicate that now the government under some secretary loudmouth official - Harboe or "Guevarboe" or something like that - is now only concerned with Tompkins' residency or legal status (no more mention of his activities only his outspokenness which they still claim is getting involved in politics on a tourist visa) and he will be meeting Tompkins' lawyer to discuss the issue.
None are more hopelessly enslaved than those who falsely believe they are free — Goethe
User avatar
eeuunikkeiexpat
Rank: Chile Forum Hero
 
Posts: 1174
Joined: Fri Sep 01, 2006 1:38 am
Location: (Above image) The view from my dpto, V Región, somewhere south of Valpo

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby Rook on Thu Apr 17, 2008 10:52 am

even though being a tourist for 14 years is legally possible, it has the appearance of doing something wrong, or trying to work the system to get an advantage in favor of the individual and not the country...for most people with normal income, that is what you do, get the best situation for yourself and most Chileans wouldn't care but when your living paycheck to paycheck and there is some millionaire American, the appearance of wrong doing is more important than whether or not being a tourist for 14 years is legal. this is the sentiment I have heard the most from my Chilean friends and family.......it is not a coincidence that this issue is being raised now...everyone knows that....
Rook
Rank: Chile Forum Citizen
 
Posts: 54
Joined: Sat Nov 10, 2007 2:22 pm
Location: Cape Cod & Vina

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby admin on Thu Apr 17, 2008 10:53 am

I think ther problem is "“Tompkins is here as a tourist, and he has renewed his visa in accordance with the law … but, he has to be very careful because tourists are prohibited from becoming actors in Chilean politics,” said Vidal, referring to an op-ed published last week in which Tompkins criticized Chile’s environmental policies. "


Yea, there are such restrictions, but good luck with that one.

Here is the basic bottom line on tourist visa. Are you in the country for financial gain with the intention of staying here ( i.e. are you a burden of the State or something to that effect)? Tompkins seems like he can provide his own roads (hundreds of kms of them) and other infrastructure. The president being annoyed with Tompkins comments does not qualify him as a burden on the State, and tourist and Chileans alike do have free speech rights in Chile under the constitution and other laws.

I know Tompkins is out of the country as much as he is in Chile just from the occasional conversations we have with his people. There is a requirement of 365 days to get residency, and he may have very possibly never qualified for it (really don't know or care). If there are other legal means for him to accomplish what he wants to do such as Chilean companies and organizations, then why would he need residency? Why is the head of Marine Harvest or Endesa not being asked for their residency? The Chilean stock market and economy would collapse if residency was a requirement.

More important, why is Marine Harvest and Endesa not being asked about their political activities in the country and political donations?

Might I point out how most foreigners are allowed in all over the World by thousands of countries on tourist or other temporary visas to live and reside in the country without needing a residency visas. Why is it somehow wrong for Tompkins to do the same, or Chile to allow him to do the same for non-profit conservation work?

There are hundreds and thousands ( hell, likely half our forum members fall in to this category), who are just living in Chile, have income from outside the country, and no real need for residency, are not required to ask for residency, and even if they did because of the 365 days of temporary residency requirement would often not qualify. You also can loose your residency, once you have had it, for not being in the country for sufficient days each year.

I know of one gringa who has lived here for more than 14 years, applied for her residency, gotten it, and then lost it because she had to be out of the country for an extended period of time. Of those 14 years or so, she has lost her residency (married to a Chilean by the way) at least 2 because she could not complete the process, or was simply not able to return to Chile. She does not work in Chile, and has dumped several million dollars in to the country over the years enjoying Chile. Most of her time has been on a tourist visa for easy access to Chile.

I have never once heard any Chilean anywhere complain about the tourist visa system in Chile. I don't think most Chileans care under what visa you are in Chile. Hell, even immigration does not seem to care much.

We have lots of clients who buy property in Chile, and have never been to Chile or have any intention of coming to Chile. They are simply investors and speculators. Tompkins could have just as easily bought Pumalin and the rest of his land, and done nothing with it.

Here is my question, how many people on this forum have been to Pumalin? Now, how many people have been to a Chilean National park? Now, how many have been to both?

The reason I ask is that infrastructure for protecting Pumalin and its wildlife trumps many of the best national parks I have seen in the United States and Canada. Low impact roads, trails, camp sites, buildings from recovered downed trees, and so on.

Mean while, the president has eliminated all funding for the Sendero de Chile project, garbage sits piled up in parks across Chile, protected trees are being cut and stolen, signs and trail markers are being stolen if they existed at all, one or two rangers are being tasked to watch thousands of hectares of reserves, visitor centers are falling down.

Pumalin is a drop in the bucket compared to the totals of Tompkins lands in the South. It just happens to be one of the most well marked on the map. We stumble across his organizations holdings all the time in the Patagonia working on land deals for clients, doing title searches, or uncrossing a bad property line. They are everywhere south of Puerto Montt.

Tompkins is not the only one, he is just one of the bigger ones. There are a lot of foriengers running conservation projects big and small in Southern Chile. They do things like buy land, hire local forestry engineers and local workers to plant trees and recover land that the government would otherwise pay someone to plant pine trees or do nothing. One group in the Futa area payed to add another English teacher to the local public school recently. We have clients who buy just a few hectares and just let it sit. Others are running eco-tourism camps (real eco-tourism, not fake pisco sour eco-tourism) and others are running experimental cooperative type projects. Some are required to have residency, some are not under the law based on what they are doing. Some politician's 10 second sound bite on the news does not constitute a new law.
Legal, Relocation, and Investment assistance in Chile. Free Consultation.
For more information visit: http://www.spencerglobal.com
User avatar
admin
Site Admin
 
Posts: 2643
Joined: Sat Aug 26, 2006 11:02 pm
Location: Temuco, Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby zulu789 on Thu Apr 17, 2008 11:25 am

Rook wrote:i believe average salary for Chileans is 400,000 CLP per month. So that means a good amount of Chileans are living with less. Seems easy to believe most Chileans wouldn't care less about enviroment then getting by each month. Even if it is legal, 14 years on a tourist visa seems a bit extreme and if I was an average Chilean I wouldn't care that Tompkins is within the laws, I would be asking what the heck......14 years as a tourist....be interesting to see if the laws for a tourist visa don't get modified in the future.


Muahhhahahaha!!!!!

My numbers come from what people put in their retirements accounts AFP, somehow i know people involved in the handling of taxes of this funds, the average salary moves around the $CL 220,000 to $Cl 250,0000, no more that that

:P :P :P
Between the right and the wrong path,I choose the machete...
User avatar
zulu789
Rank: Chile Forum Hero
 
Posts: 217
Joined: Mon Nov 27, 2006 1:22 am
Location: Hallandale Beach-Florida Valparaiso-Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby eeuunikkeiexpat on Thu Apr 17, 2008 11:29 am

Rook wrote:... the appearance of wrong doing is more important than whether or not being a tourist for 14 years is legal. this is the sentiment I have heard the most from my Chilean friends and family.......it is not a coincidence that this issue is being raised now...everyone knows that....

While I do grant that Chile tradition is to protect one's name, I have never heard or felt the above sentiment from any of my chileno acquaintances, friends or the family of my pareja chilena. And all know I am not doing anything wrong. Funny thing how it seems that chilenos trust this tourist visa ethnic gringo not to mess up a rental compared to renting to most of their own countrymen. As I've said before, the most bad mouthing of the policy I've personally heard throughout the years have been foreigners on work, temporary or full residence visas.
None are more hopelessly enslaved than those who falsely believe they are free — Goethe
User avatar
eeuunikkeiexpat
Rank: Chile Forum Hero
 
Posts: 1174
Joined: Fri Sep 01, 2006 1:38 am
Location: (Above image) The view from my dpto, V Región, somewhere south of Valpo

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby tombrad2 on Thu Apr 17, 2008 4:12 pm

I think Tompkinks may be deported, with all his good intentions, his strategy in Chile has been REALLY stupid and arrogant, he has been unable to understand the chilean way to do things, Charles reasons are sound in the American way of thinking but we are in Latin America where pride matters much more than money, we dislike big cats and we are not afraid to kick some arrogant asses disregarding any economic consequence. Anybody who has studied the economic history in Latin America found lot of examples of big asses kicked, in almost any country in the region-

I simpathize with Douglas Tompkins and his cause, but he is playing a very dangerous play, misunderstanding our idiosincracy, I think he is very, very bad advised.

If someone remeber the huge fiasco with Lucksik investment in Peru (Luchetti), Tompkins is commiting the same stupid errors, he may win some battles but lose everything if he continues playing as the arrogant big cat, we in Chile dislike those behauviour and may act without consider any consequence.
Arica Alternative at :
http://www.infoarica.blogspot.com/
User avatar
tombrad2
Rank: Chile Forum Hero
 
Posts: 610
Joined: Sun Feb 25, 2007 10:21 pm
Location: Arica, Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby admin on Thu Apr 17, 2008 6:38 pm

Tom has got me there. What OUGHT to be done in Chile ( or any other country for that matter ) is very often a different thing from what IS done.

I think Tompkins has been around Chile sufficiently long to walk that fine line. Last time the whole 'throw Tompkins out' thing came up was because they where considering throwing him out for national security concerns regarding the size of his land holdings (Argentina to the sea), which in turn came up because he was criticizing the road through Pumalin. Some sort of potential security threat I could actually see some case being made (perhaps not the best case), over say him simply saying politically inconvenient things about the president in the international press. If embarrassing the president is a crime, her whole cabinet would need to be thrown out ( which does seem to be happening one member at time on a regular basis ).

He rubs someone the wrong way every few years, and then it dies down for a while, and then he rubs someone else the wrong way again for a while.

He managed to tip toe around the military. Tompkins had a fairly decent working relationship with previous administrations, but had a nack for rubbing them the wrong way from time to time too. He will likely survive this administration just fine.

I think politically if they do throw him out they would just end up with an even bigger political mess to try and put a lid on, than they already have. Imagine what Tompkins would be doing if he had no trees to hug. He would sit around and write editorials to the New York times all day about Chile's environmental policies.
Legal, Relocation, and Investment assistance in Chile. Free Consultation.
For more information visit: http://www.spencerglobal.com
User avatar
admin
Site Admin
 
Posts: 2643
Joined: Sat Aug 26, 2006 11:02 pm
Location: Temuco, Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby bezaj on Thu Apr 17, 2008 7:29 pm

Laura55llc wrote:I think ther problem is "“Tompkins is here as a tourist, and he has renewed his visa in accordance with the law … but, he has to be very careful because tourists are prohibited from becoming actors in Chilean politics,” said Vidal, referring to an op-ed published last week in which Tompkins criticized Chile’s environmental policies. "


isn't 21st century like made even for living por ejempio in ukraine and being influent actor in politics of chile or swiss? that is if you have desire, money and/or very good connections. depends on thompsons personality he can from pain in the ass become an enemy. but like tom said... chile can everything do its way.

if chile can exist with four drugstores in four corners of the road cross it can live even with thompson as an enemy.
bezaj
Rank: Chile Forum Full Member
 
Posts: 47
Joined: Tue Aug 28, 2007 1:53 pm
Location: slovenia

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby zulu789 on Fri Apr 18, 2008 1:51 pm

if chile can exist with four drugstores in four corners of the road cross it can live even with thompson as an enemy.


Wrong....and BIG TIME WRONG..

The difference is that those 4 drugstores in four corners of the road, belong to a a well connected,and politically savvy, Chilean family or Group. that already have an "agreement" in how much and far they can get away with murder...


Something that MR.T does not have....
Between the right and the wrong path,I choose the machete...
User avatar
zulu789
Rank: Chile Forum Hero
 
Posts: 217
Joined: Mon Nov 27, 2006 1:22 am
Location: Hallandale Beach-Florida Valparaiso-Chile

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby RWS on Mon Apr 21, 2008 6:48 pm

zulu789 wrote:
Rook wrote:i believe average salary for Chileans is 400,000 CLP per month. . . .

. . . . My numbers come from what people put in their retirements accounts AFP, somehow i know people involved in the handling of taxes of this funds, the average salary moves around the $CL 220,000 to $Cl 250,0000, no more that that . . . .

Mightn't we suspect some deliberate under-reporting of income in order to evade taxation?
RWS
Rank: Chile Forum Hero
 
Posts: 1266
Joined: Sat Sep 22, 2007 2:34 pm

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby eeuunikkeiexpat on Mon Apr 21, 2008 7:14 pm

Tips are definitely not reported by the minimum wage industry workers. Then for the unscrupulous, there are indirect means to add to your pay - theft from your employer and cheating clients.

If you are not in a tipped position, it would appear to be very hard to underreport income when you have a contract where everything is automatically and properly filed for you with SII, FONASA, AFP, etc.

Remember, once you get that RUN you are "IN" their system. Tagged and tracked and even cooked if you step out of line and officialdom notices. See what happens if you fail to pay a multa or have an ongoing legal issue when you attempt to leave the country at any exit immigrations checkpoint.
None are more hopelessly enslaved than those who falsely believe they are free — Goethe
User avatar
eeuunikkeiexpat
Rank: Chile Forum Hero
 
Posts: 1174
Joined: Fri Sep 01, 2006 1:38 am
Location: (Above image) The view from my dpto, V Región, somewhere south of Valpo

Re: LEGAL OPINION - Doug Tompkins can be deported?

Postby RWS on Mon Apr 21, 2008 7:24 pm

eeuunikkeiexpat wrote:. . . . If you are not in a tipped position, it would appear to be very hard to underreport income when you have a contract where everything is automatically and properly filed for you with SII, FONASA, AFP, etc.

Aren't many Chileans self-employed? I see many small farmers, and kiosk- and grocery-store owners, among others.

Remember, once you get that RUN you are "IN" their system. Tagged and tracked and even cooked if you step out of line and officialdom notices.

I'm not enthusiastic about entering that or any other system. But, if one must work, he mightn't have a choice.
RWS
Rank: Chile Forum Hero
 
Posts: 1266
Joined: Sat Sep 22, 2007 2:34 pm

PreviousNext

Return to Legal Issues

Who is online

Users browsing this forum: No registered users and 0 guests