Never let a foreign worker in your company end up with an expired temporary residence

Chile's Law 21.325 on Migration and Foreigners sets the validity of temporary residence at up to two years, except for the seasonal worker subcategory, which may run up to five years when it sets limited annual stays; the permit may be extended by up to two more years, and the specific validity of each subcategory and its extensions is fixed by a supreme decree of the Ministry of the Interior and Public Security (Article 72). That decree is Exempt Decree 4.236 of 2022: the validity is determined by the National Migration Service according to the requirements of each subcategory and the documents in the application, may not exceed 2 years and may be extended successively (Article 3). The permit for foreigners carrying out lawful paid activities lasts up to 2 years and is extended by 2 years successively (Article 4); the seasonal worker permit lasts up to 5 years, with stays of no more than 6 months per calendar year, and is extended by up to 2 more years (Article 5); a dependant's permit may not exceed the holder's term (Article 11).

The validity of permits granted outside Chile runs from the date of entry into the country, and that of permits granted in Chile from the date the permit is entered in the passport, travel document or register (Law 21.325, Article 72, last paragraph). The extension must be requested from the Service no more than ninety and no less than ten days before the current permit expires (Article 37, second paragraph). A change of category or subcategory may be requested at any time while the permit is valid, but before the deadline for requesting the extension (Article 37, third paragraph). Until the application is decided, the validity of the residence in process is extended automatically (Article 37, fourth paragraph). According to the National Migration Service, the extension is requested in Chile, on its Digital Procedures Portal, within the last 90 days before expiry; for the lawful paid activities subcategory as an employee, the worker must show a current employment relationship with a notarised certificate that the contract is in force, AFP pension and health contribution certificates and the employer's tax file.

Only foreigners holding a residence or stay permit that entitles them to work, or who are duly authorised to work, may be employed (Article 103). Temporary residents may carry out paid activities (Article 73). Temporary residents must apply for an identity card from the Civil Registry within 30 days of the permit taking effect; the card is issued with the permit's validity period and is deemed valid as long as the foreigner can show a current certificate of residence in process, or until the application is decided (Article 43).