On March 4, 2022, Supreme Decree No. 23 of the Ministry of the Interior and Public Safety was published in the Official Gazette, which establishes the immigration subcategories of temporary stay applicable to foreigners in Chile. The Supreme Decree establishes the following:

1. Prior authorization or visa will not be required for entry and stay in Chile for those who do so as holders of a transitory stay permit. Notwithstanding the foregoing, in qualified cases of national interest, or for reasons of international reciprocity, prior authorization or visa granted by a Chilean consulate abroad may be required.

2. All foreigners must prove the lawful means of subsistence that allow their stay in the country, according to the amount established by the National Immigration Service.

3. At the moment of entry, the holders of the transitory stay permit shall be entered in the registry of the controlling authority and may receive a document accrediting their entry.

4. The duration of the transitory stay permit shall be up to 90 days, which period may be limited or extended for up to 90 additional days, only once, except in case of force majeure, and a second extension may be granted for the time strictly necessary to leave the country.

5. The validity of the transitory stay permit may not exceed the expiration date of the passport or travel document.

6. 6 subcategories of transitory stay are established:

1. Permit for foreigners entering the country for recreational, sports, health, study, business, family or other similar purposes.

1. The permit may be granted to foreigners who intend to enter the country without the intention of settling in it. Persons entering for purposes of recreation, health, studies, members and personnel of public shows, lecturers, sportsmen, technical advisors and experts will be considered in this category.

2. Foreigners requesting this permit must prove before the controlling authority that they have a valid passport or other travel document, qualified by exempt resolution.

1. Permit for crew members of vessels, aircraft or land or railroad transportation vehicles belonging to companies engaged in the international transportation of passengers and cargo.

1. Foreign crew members must have appropriate documentation to prove their identity and status as such.

2. The controlling authority shall grant them a document called “crew card”, which shall be valid for up to 90 days, and shall be withdrawn at the time of departure or last sailing.

3. In the case of crew members whose destination is not Chile, they will be issued a crew card for a period not exceeding 72 hours, after withholding their personal documentation.

4. If the work is extended beyond the term of the permit originally granted, the company shall require a temporary residence permit for the development of lawful remunerated activities under subordination or dependence.

6.3. Permits contemplated in international treaties signed by Chile and in force.

Foreigners, nationals or residents of States party to international agreements entered into by Chile that reciprocally grant authorization to enter the territory for recreational, sports, health, study, business management, family or similar purposes shall be eligible for the permit.

6.4. Permit for foreigners living in the border areas.

The conditions for the granting of the permit shall be established in the corresponding bilateral border agreements.

6.5. Permit in case of conditional entry.

In those cases in which the conditional entry of foreigners who do not comply with the requirements set forth in Law No. 21.235 on Migration and Foreigners is exceptionally allowed, the controlling authority shall register such circumstance and shall issue a transitory stay permit that shall be understood to be valid only and exclusively in relation to the time strictly necessary to overcome the factual situation that has given rise to it.

6.6. Permit for Official Residents who terminate their missions.

Once the status of official resident has expired, the foreigner may remain in the country as holder of the transitory residence permit. For this purpose, the new permit must be requested through the electronic platform of the National Migration Service, or at the General Directorate of Consular Affairs of the Ministry of Foreign Affairs.

7. Holders of transitory stay permits may not engage in remunerated activities, except in the case of specific and occasional activities that receive remuneration or profits in Chile or abroad.

8. The authorization to carry out remunerated activities must be requested through the electronic platform of the National Migration Service and will be subject to the payment of fees. The payment may be made before entering Chile, at the authorized entry point to the country, or within the national territory.

9. Applications submitted prior to the entry into force of this supreme decree, and which are pending resolution, will be resolved by the National Immigration Service, granting the interested party the transitory stay permit that is most closely related to the application.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).