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…