New Regulations for Residency in Chile, 2016

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New Regulations for Residency in Chile, 2016

Post by admin » Wed Mar 16, 2016 9:59 pm

Well, don't say I did not warn you:
http://www.allchile.net/chileforum/view ... =11&t=8405

I thought this however was sufficiently big changes to require its own thread.

Here are some major changes to immigration application regulations and procedures that were just passed on to us by our contacts at immigration.

1. No more moving to different cities, once you apply for temporary residency.

This is the major one. This effectively means when you move to Chile, and plan to apply for temporary residency, you will first need to rent or buy a place to live before you apply, and live there until after your permanent residency is granted.

Use to be you could file just about anywhere in the country, and later you could file a change of address and move anywhere else you want in Chile.

Again, after you have permanent residency, you can move anywhere you want. Only for the purposes of obtaining temporary residency.

There are some obvious reasons, and not so obvious reasons, for why this was implemented. Essentially fraud was the big one. Also it caused a lot of issues internally with people being lost in the system when they were transferred from one office to another. It was slowing down an already really overwhelmed system.

We use to for instance have lots of clients fly to frutillar and apply through our local office here in Puerto Montt, and we would use our office address here until they figured out where they wanted to live. We were told bluntly by the immigration office we can't do that any more, even though both the local immigration office and the PDI (the international police) has been really happy with the way we simplified their job by being a single point of contact for all the foreigners we handle. Pretty rare that a day or week goes by that they don't talk to someone from our office, and they can clear a bunch of files in one go rather than trying to track down some foreigner that is MIA at an old address. They knew we could track down the foreigner they were looking for if they called for whatever issue.

2. Related to the one above, no more coming to Chile to file for residency, leave, and then return when the visa is ready. You need to substantially reside in Chile.

3. Contracts for employment with companies outside Chile, will no longer be accepted as proof of periodic source of income, when applying for under the retirement and periodic income visa. Only sources of "true" passive income will be accepted. You can still work for a company outside of Chile, just it will not be sufficient for obtaining a visa under the retirement and periodic income visa. You will need something like a pension, social security, even a rental income from outside the country.

With this set of Changes, I would also be ready for more to come down the pipe. once they start messing with the procedures, they tend to keep making changes. If your in a fuzzy visa situation, get it sorted out now.
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Re: New Regulations for Residency in Chile, 2016

Post by Space Cat » Thu Mar 17, 2016 2:10 am

admin wrote:3. Contracts for employment with companies outside Chile, will no longer be accepted as proof of periodic source of income, when applying for under the retirement and periodic income visa. Only sources of "true" passive income will be accepted. You can still work for a company outside of Chile, just it will not be sufficient for obtaining a visa under the retirement and periodic income visa. You will need something like a pension, social security, even a rental income from outside the country.
But why... This cuts out many high income professionals like programmers and designers. Any visa alternatives for remote workers?

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Re: New Regulations for Residency in Chile, 2016

Post by Andres » Thu Mar 17, 2016 5:28 am

...
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Re: New Regulations for Residency in Chile, 2016

Post by Wiggum » Thu Mar 17, 2016 6:27 am

admin wrote:Well, don't say I did not warn you:
3. Contracts for employment with companies outside Chile, will no longer be accepted as proof of periodic source of income, when applying for under the retirement and periodic income visa. Only sources of "true" passive income will be accepted. You can still work for a company outside of Chile, just it will not be sufficient for obtaining a visa under the retirement and periodic income visa. You will need something like a pension, social security, even a rental income from outside the country.
Then i wonder if my monthly compensation will still be accepted as periodic source of income...
I mean i dont have to work any longer for the German state (i'm basically employed by the German government), i will be discharged and just receive a monthly compensation payment of $1100 for eighteen months, the money comes from the german state...
I'm getting really nervous now, especially since you said more changes are incoming, i will not be able to apply for the retirement and periodic income visa before the end of 2016... :?

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Re: New Regulations for Residency in Chile, 2016

Post by GringoVikingo » Thu Mar 17, 2016 10:49 am

Then i wonder if my monthly compensation will still be accepted as periodic source of income...

You need this accepted!
Othervise you run in to a Prepago hell!
I run in to this after my wife said! "hasta la vista" , and canseled tlf and internett as it was in her name.
You also need it to get a normal bank account, (not cuenta rut)
RUT and regulary income is a must in Chile.
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Re: New Regulations for Residency in Chile, 2016

Post by Space Cat » Thu Mar 17, 2016 12:32 pm

admin wrote:2. Related to the one above, no more coming to Chile to file for residency, leave, and then return when the visa is ready. You need to substantially reside in Chile.
I also hope this one doesn't mean I can't leave for a week or two while waiting...

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Re: New Regulations for Residency in Chile, 2016

Post by Wiggum » Thu Mar 17, 2016 1:00 pm

GringoVikingo wrote: You need this accepted!
Othervise you run in to a Prepago hell!
I run in to this after my wife said! "hasta la vista" , and canseled tlf and internett as it was in her name.
You also need it to get a normal bank account, (not cuenta rut)
RUT and regulary income is a must in Chile.
I was referring to passing the initial requirements for the periodic income visa.
admin wrote:Contracts for employment with companies outside Chile, will no longer be accepted as proof of periodic source of income, when applying for under the retirement and periodic income visa.
I imagine it could be hard to determine for Chilean authorities if someone is just receiving a monthly compensation or if he is still doing work for whatever company or organization thats paying him the compensation.
So i could expect them to get really serious about that and in the end only accepting a few selected forms of income (pensions, social security, rental income).

Now pensions at least don't always come from a public authority but sometimes also from private companys so i wonder what kind of passive income they will now accept in the future.

In my case, due to my long-time work for the german armed forces i will get a compensation payment from the german state for 18 months after i'm discharged, i would argue that it is very similar to a monthly pension or social security check. The only difference is that it is limited in time and not forever...

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Re: New Regulations for Residency in Chile, 2016

Post by Space Cat » Thu Mar 17, 2016 1:45 pm

Wiggum wrote:I imagine it could be hard to determine for Chilean authorities if someone is just receiving a monthly compensation or if he is still doing work for whatever company or organization thats paying him the compensation.
So i could expect them to get really serious about that and in the end only accepting a few selected forms of income (pensions, social security, rental income).
But it's not like you can't lose your rental income for some reason.

I'm very interested if Extranjería knows about royalties and if this form of income is passive enough to qualify for this visa.

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Re: New Regulations for Residency in Chile, 2016

Post by Britkid » Thu Mar 17, 2016 1:54 pm

If you had a Chilean partner, could you get away with just using a family address for the first couple of years while you move around.

Or a close friend that doesn't mind you using their address while you drop by every month or so to pick up the mail.

In theory IF you have someone you can trust you can probably get away with it?

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Re: New Regulations for Residency in Chile, 2016

Post by HybridAmbassador » Thu Mar 17, 2016 5:00 pm

Admin wrote:
We use to for instance have lots of clients fly to frutillar and apply through our local office here in Puerto Montt, and we would use our office address here until they figured out where they wanted to live.
=======================================================
So in order to getting it, you have to legitimately rent or build or buy a residence place, so to receive the PR?
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Re: New Regulations for Residency in Chile, 2016

Post by admin » Fri Mar 18, 2016 10:11 am

o.k., people let me clarify some thing.

You need to have a permanent address for the purposes of applying for residency in Chile, in the jurisdiction where you apply (e.g. Santiago office, in and around Santiago, Puerto Montt, somewhere in the lakes region). You are not some prisoner that has to hide in your apartment for a year until you receive your permanent residency in the event that the PDI shows up for a random check. In fact, I would say they only check less than 10% of the immigration applications. That said, where ever your address is the people there should know you. If they do check, someone should be able to say 'yea, he is out and will be back next week or whatever'. You can still come and go from the country, as long as you are here at least your minimum days to qualify for your residency.

Why did they do this? Because there were single addresses being used that were being used for hundreds and thousands of applications. They busted an outright human trafficking operation a couple of years ago that had something like 200 applications corresponding to a single house for field workers.

We knew our office was flagged a long time ago, just the PDI and Immigration were fine with that as the regional offices knew why we had so many applications corresponding to our address and who we were any time the Santiago offices wanted the address verified.

Regarding the contract, if you want to apply as a professional visa or some other type of work visa, a contract outside of the country will still work. It just will not work ONLY FOR RETIREMENT AND PERIODIC INCOME VISA!!!!!

You will need some other source of income, besides and employment contract outside of the country. Having en employment contract might still be useful for proving you have other resources to support yourself, it is simply no longer sufficient by itself for proving periodic income.

So, perhaps some examples, that should still work:

You work for a company remotely in the United States. You have a contract. You make $4,000 U.S. a month, you have no other source of periodic income. Not sufficient for the purposes of applying for a temporary residency visa. You may be able to still apply for a professional visa (different conversation), employee subject to contract, or the new independent work visa.

However, say you have a work contract, same as above, but you also say have some retirement account or investment paying $500 U.S. a month. Together those should be sufficient. Perhaps a rental property that is paying you a monthly income, that contract should still be sufficient.

So, yes, this is a change, but it is not that big of Change. They simply restricted one option for proof of periodic income, and only effects one small sub-set of people applying. Typically people with no other form of proof of periodic income.

Really it is amazing they allowed these two things for as long as they did. Think about it. Of all the crazy and arbitrary things immigration department does, these are probably two of the more reasonable policy changes they have made in a long time. Is it really that strange that you would be required to have a permanent address in the country and jurisdiction where you are applying for residency? Is it really that strange that a work contract would not work for applying for retirement type visa?
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Re: New Regulations for Residency in Chile, 2016

Post by Wiggum » Fri Mar 18, 2016 11:16 am

Thanks admin for clearing this up !
admin wrote:Is it really that strange that you would be required to have a permanent address in the country and jurisdiction where you are applying for residency? Is it really that strange that a work contract would not work for applying for retirement type visa?
I think requiring a permanent address is very reasonable, no doubt.

That you cant apply for a retirement type visa with a active work contract in a foreign country also sounds reasonable but the question is how strict they are about that.

For example my case:

- Getting a monthly payment from a german public authority
- Its called "transition payments/benefits" (best translation i can imagine)
- It's restricted to 18 months

I think thats one of the cases where they could decide either way...see it as a passive income, or for some reason assume i "could" still "work" for the german state in some way (which is not the case).

Or simply someone with a company pension from a foreign company...i just wonder if there is a risk in such a case that they might get "bitchy" and just assume the person could still work in some kind for whoever is paying him...

I this part still up-to-date after the current changes ?
Normally proof of that source of income only needs to cover about the 14 month period between when you first apply for temporary residency, the year you are under temporary residency, and the change of status to permanent residency once your year of temporary residency is complete.

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