Short Term Assignments Latin America
Host: Maude Burger-Smith (Peregrine)
Speakers:
INTRODUCTION: Raquel Gómez Salas (Peregrine)
ARGENTINA: Hector Gabriel Celano (Celano & Asociados)
BRAZIL: Vinicius Almeida (Atene Consultoria)
CHILE: Paulina Herrera (Contacto Chile)
COLOMBIA: Marcela Trujillo (Godoy & Cordoba)
PANAMA: Albalira Montúfar (BDS)
VENEZUELA: Daniela Arévalo (Littler Venezuela)
Speakers
Short term assignments
• Have increased in the last years
• Many Latin American countries have developed policies to attract foreign investment and have in place short term routes for home contract employees
General Categories
I. Technical/qualified staff (Brazil; Argentina; Colombia, Peru)
II. Broad scope and eligibility (Argentina; Chile, Bolivia; Ecuador; Paraguay; Mexico; Venezuela)
III. Work permit processes designed for home contract employees on short or long term assignment (Costa Rica; El Salvador)
General Benefits
• Often permitted (although sometimes only if a visa waiver national) to enter the country on a tourist/business status and apply for the short term work visa/permit post-arrival (i.e.: Argentina, Chile, Paraguay; Bolivia; Peru)
• Simple documentation requirements• Fast processing time• Often possible to change status within the country if
the assignment is extended (Chile, Bolivia, Ecuador, Paraguay)
General Red flags
• Post arrival applications: work is not authorised until the short term authorization has been approved
• High processing fees in many countries• Family dependents may not be allowed to
accompany the employee on the same status• Legalisations may be still required – at discretion of
authorities• Foreign ID card/residence card to complete the
immigration process may still be required
Let’s take a look…
Special Transitory Visa (Directive 1170/2010): • Applies to a broad range of applicants:a. professionals b. scientists c. technicians d. religious workers e. artists. • can be on host or home company payroll
Special Transitory Visa (Directive 1171/2010): • To carry out business, commercial or economic activities and those who
need to participate in exhibitions and fairs • must be on home company payroll
Note in all cases the Argentine sponsor company must have a current registration with RENURE and provide a detailed support letter
Argentina: Special Transitory Visa
Consular Application (Pre-Arrival)
• Process should be initiated 30 days before travel date • Validity from 90 days to 12 months in which:
– Special Transitory Visa (Directive 1170/2010): authorized stay is 30 days
– Special Transitory Visa (Directive 1171/20100): authorized stay is 60 days.
• Can be renewed in Argentina• Personal appearance required at diplomatic mission
Process - Special Transitory Visa
Post Arrival Application (in Buenos Aires)
• Granted for a maximum of 90 days and only twice a year • Appointments on the same day if paying premium process fee
USD 160• Personal appearance not required • Can be filed and completed on the same day on applicant’s
behalf
Process - Special Transitory Visa
PROS
• Fast• Easy• Simple documentation• No police clearance
certificates are required
CONS• No dependents• Specific activities as per company
letter • The post arrival transitory visa
expires if the holder exits Argentina• Maximum of two post-arrival
transitory visas in one year (365 days from the date of the first visa application). In order to apply for a new post-arrival transitory visa, the applicant must leave the country and re-enter
Pros and Cons
• It is possible for visa waiver nationals to carry on business activities in Argentina without applying for a special transitory residency – grey area
• The Argentine sponsor company must have a current registration with RENURE at the time of application
• Only the work activities outlined in the company support letter will be authorised
Red Flags
Brazil: Technical Visa (Vitem V)
1. Applicable for foreign nationals who will enter Brazil for up to one year to provide technical assistance services or transfer technology pursuant to a technical assistance or technology transfer contract
2. Valid for up to 90 days
Cannot be requested for any other work - administrative, executive or financial functions.
Process
• Consular application
• Personal appearance required at the consulate
• RNE Card to be applied for within 30 days of arrival (previous appointment required)
Requirements
• Invitation letter from Brazilian sponsoring company
• Proof of registration of the Brazilian sponsor company with the National Register of Legal Entities (CNPJ)
• Proof of technical nature of work
Additional documents may be required at the Consulate discretion
Red Flags
• No work contract and remuneration in Brazil• Linked to the Brazilian company that sponsored the application• Cannot be extended• May be granted only once within a 180 days period (counted
from the first entry into Brazil)• Application must be done at Brazilian consulate in country of
residence - processing time and requirements may vary according to the consulate
• Dependents are not allowed
Non Compliance
Work on a business visa is not allowed in Brazil and penalties exist for immigration non compliance.
Applicant: – Fine of R$ 8.28 per day of overstay and an order to
leave Brazil within 8 days– If found working on tourist or business status the
applicant will be formally deportedCompany:
– Fine of R$ 2,483.26 per irregular foreigner
The Special Work Permit for tourists (autorización para trabajar con permiso de turismo) is intended for visa exempt professionals providing short term services to a Chilean entity who is willing to sponsor them.
• Granted for up to 30 days and may be extendable twice for the same period (up to a total of 90 days) until the visitor status is expired. The tourist status can also be renewed in Chile for a second 90 days period before expiration so this category can be used for up to 180 days/6 months
• Visa application fee of 1.5 times the local hire work visa fee will need to be paid. This amount will vary depending on nationality (between around 15 USD to 670 USD) and is available here http://bit.ly/UTVKUI
Process (Post Arrival)
• Application filed at Chilean Immigration office AFTER arrival on tourist status
• Processing time of two to three days
Chile: Special Work Permit
1. Passport with stamp of the last entry to Chile 2. Tourism landing card (The card will be retained for the
duration of the work permit)3. Labour contract signed by both parties before a notary
(Local hires) OR a letter from the company incorporated in Chile, signed before a public notary, explaining the link between the two companies and describing purpose of visit to Chile (Assignees). In both cases the letters must contain the start date of the assignment and a number of special clauses as per Chilean law.
4. Visa application fee
Requirements
Advantages
• Short processing time • Simple documentation. • Can be renewed up to six
times • Status can be changed to a
work visa in-country• Family members can
accompany on tourist status
Red Flags
• Only for visa exempt nationals• High processing fee• Permit must be returned before
the applicant leaves the country • Not possible to obtain a Tax ID
(RUT), nor a local bank account. • The applicant should never admit
that the purpose of the visit is work when entering Chile on a tourist status as there is the risk of being returned to home country
Advantages and Red Flags
Colombia: TP13 & PIP7
TP-13
APPLIES TO: Experts foreigners that need to provide technical assistance within the country
VALIDITY: 180 days
Process: Can be done online or personally (visa waiver). The visa has to be requested before a Colombian Consulate abroad or the Ministry of Foreign Affairs in Bogota, Colombia.
DEPENDENTS: No
HIGHLIGHTS: Foreign nationals with restricted nationality must request their visas abroad before a Colombian Consulate before they enter Colombia.
PIP-7
APPLIES TO: Expert foreigners that need to provide technical assistance within the country based on an emergency/urgency
VALIDITY: 30 days
Process: Has to be requested at Migración Colombia at least three to five business days before the foreign national enters Colombia.
DEPENDENTS: No
HIGHLIGHTS: It applies to visa exempt nationals. From February 2015 nationals from India, China, Vietnam and Thailand may apply if they have a valid Schengen or USA visa.
TP-13
Experts needing to provide technical assistance within the country for up to 180 days.
Process: • Online or in person application (if the applicant is visa exempt to
Colombia)• Visa has to be requested before a Colombian Consulate abroad or at the
Ministry of Foreign Affairs in Bogota
Red Flags: • Visa nationals can only enter Colombia on consular visas applied at the
Colombian Consulate abroad• No dependents
PIP-7
Experts needing to provide URGENT technical assistance within the country (and there are no qualified locals) for up to 30 days
Process:• In-country application - filed at Migración Colombia at least three
business days before the applicant enters Colombia.
Red Flags: • Only applies to visa exempt nationals. From February 2015,
nationals from India, China, Vietnam and Thailand may be able to apply for this permit if they have a valid Schengen or USA visa.
• No dependents
Applies to personnel or temporary workers or technicians in the cultural, professional, educational or scientific fields, specifically for a project in Panama
• The employment contract must include the payment of the work carried out in Panama (minimum US$500 but cannot be lower than the minimum salary, per activity, hour and region)
• Post-arrival application in Panama
Panama: Transit Visa and Temporary Work Permit
Process (Post Arrival)1. Temporary Work Permit Application (3 months validity ;
renewable)2. Transit Visa Application (12 months validity; renewable 5
times)
• Processing time up to 6 weeks
• Legalised letter of experience (for experts) required
• Police clearance from the country of origin or residency is required
Process - Transit Visa and Temporary Work Permit
Advantages
• Short processing time • Simple documentation. • Can be renewed up to 5
years• Status can be changed
to a different work visa in-country
• Allows dependents
Red Flags• Host entity required with
commercial license • Local Panamanian payroll
with minimum salary• Frequent renewals
necessary• Legalisations may be
required• Police clearance required
Advantages and Red Flags
Applicable for any individuals who enter the country to perform activities/business transactions.
• Not been specifically created for short term work but due to the broad definition in the Venezuelan law, used in practice for short term work activities
• Applicable to corporations, traders, executives or representatives; micro-entrepreneurs and any other individual entering the country to carry out business activities, transactions or any other lucrative activities connected with their business
• Home country payroll and contract• Valid for one year (multiple entries), not renewable
Venezuela: TR-N Visa
Process (Consular): Application must be submitted in the Venezuelan embassy or consulate in country of residence prior arrival and processing time is 15 to 30 days
General Requirements - may vary from one consular office to another
• Passport valid for six months minimum• A letter from home entity confirming purpose of visit to Venezuela
with details of host entity in Venezuela • NOTE referrals from Commerce Chamber of both home and host
company (by-laws etc) may be required
Process - TR-N Visa
Advantages • No legalisation of documents• Police clearance generally not
required• Fast • Simple documentation• Process completed in applicant’s
country of origin or residence – no post arrival steps
Red Flags
• No dependents.• No change in immigration
status to other categories of residence
• No extensions/renewals• Foreign contract/payroll• Applicants must declare any
profit incurred during their stay in Venezuela to the Ministry of Finance before leaving the country
Advantages and Red Flags
In summary…