Short Term Assignments

Latin America

Speakers
Host:

Maude Burger-Smith (Peregrine)

Speakers:
INTRODUCTION:
ARGENTINA:
BRAZIL:
CHILE:

Raquel Gmez Salas (Peregrine)

Hector Gabriel Celano (Celano & Asociados)
Vinicius Almeida (Atene Consultoria)

Paulina Herrera (Contacto Chile)

COLOMBIA: Marcela Trujillo (Godoy & Cordoba)

PANAMA:

Albalira Montfar (BDS)

VENEZUELA:Daniela Arvalo (Littler Venezuela)

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

Lets take a look

Argentina: Special Transitory Visa

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

Process - 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
applicants behalf

Pros and Cons

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

Red Flags
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

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
deported
Company:
Fine of R$ 2,483.26 per irregular

Chile:

Special Work Permit

The Special Work Permit for tourists (autorizacin 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

Requirements
1.
2.
3.

4.

Passport with stamp of the last entry to Chile

Tourism landing card (The card will be retained for
the duration of the work permit)
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.
Visa application fee

Advantages and Red Flags

Advantages

Red Flags

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

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

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 Migracin 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 Migracin 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

Panama:

Transit Visa and Temporary Work Permit

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

Process - 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

Advantages and Red Flags

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

Venezuela: TR-N Visa

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

Process - 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

Advantages and Red Flags

Advantages

Red Flags

No legalisation of documents
Police clearance generally not
required
Fast
Simple documentation
Process completed in
applicants country of origin
or residence no post arrival
steps

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

In summary