short term assignments in latin america (pdf)
DESCRIPTION
Peregrine Webinar Slides - Short Term Assignments in Latin America (25 March 2015)TRANSCRIPT
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 La2n American countries have developed policies to a8ract foreign investment and have in place short term routes for home contract employees
General Categories
I. Technical/qualified staff (Brazil; Argen2na; Colombia, Peru)
II. Broad scope and eligibility (Argen2na; 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
• OSen permi8ed (although some2mes only if a visa waiver na2onal) to enter the country on a tourist/business status and apply for the short term work visa/permit post-‐arrival (i.e.: Argen2na, Chile, Paraguay; Bolivia; Peru)
• Simple documenta2on requirements • Fast processing 2me • OSen possible to change status within the country if the assignment is extended (Chile, Bolivia, Ecuador, Paraguay)
General Red flags
• Post arrival applica2ons: work is not authorised un2l the short term authoriza2on has been approved
• High processing fees in many countries • Family dependents may not be allowed to accompany the employee on the same status
• Legalisa2ons may be s2ll required – at discre2on of authori2es
• Foreign ID card/residence card to complete the immigra2on process may s2ll be required
Let’s take a look…
Special Transitory Visa (Direc3ve 1170/2010): • Applies to a broad range of applicants: a. professionals b. scien2sts c. technicians d. religious workers e. ar2sts. • can be on host or home company payroll
Special Transitory Visa (Direc3ve 1171/2010): • To carry out business, commercial or economic ac2vi2es and those
who need to par2cipate in exhibi2ons and fairs • must be on home company payroll
Note in all cases the Argen0ne sponsor company must have a current registra0on with RENURE and provide a detailed support le;er
Argentina: Special Transitory Visa
Consular Applica3on (Pre-‐Arrival) • Process should be ini2ated 30 days before travel date • Validity from 90 days to 12 months in which:
– Special Transitory Visa (Direc2ve 1170/2010): authorized stay is 30 days
– Special Transitory Visa (Direc2ve 1171/20100): authorized stay is 60 days.
• Can be renewed in Argen2na • Personal appearance required at diploma2c mission
Process - Special Transitory Visa
Post Arrival Applica3on (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 documenta2on • No police clearance
cer2ficates are required
CONS • No dependents • Specific ac2vi2es as per company
le8er • The post arrival transitory visa
expires if the holder exits Argen2na • Maximum of two post-‐arrival
transitory visas in one year (365 days from the date of the first visa applica2on). 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 na2onals to carry on business ac2vi2es in Argen2na without applying for a special transitory residency – grey area
• The Argen2ne sponsor company must have a current registra2on with RENURE at the 2me of applica2on
• Only the work ac2vi2es outlined in the company support le8er will be authorised
Red Flags
Brazil: Technical Visa (Vitem V)
1. Applicable for foreign na2onals 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 -‐ administra0ve, execu0ve or financial func0ons.
Process
• Consular applica2on • Personal appearance required at the consulate
• RNE Card to be applied for within 30 days of arrival (previous appointment required)
Requirements
• Invita2on le8er from Brazilian sponsoring company
• Proof of registra2on of the Brazilian sponsor company with the Na2onal Register of Legal En22es (CNPJ)
• Proof of technical nature of work
Addi%onal documents may be required at the Consulate discre%on
Red Flags
• No work contract and remunera2on in Brazil • Linked to the Brazilian company that sponsored the applica2on • Cannot be extended • May be granted only once within a 180 days period (counted
from the first entry into Brazil) • Applica2on must be done at Brazilian consulate in country of
residence -‐ processing 2me 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 penal2es exist for immigra2on 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 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 en2ty 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) un2l the visitor status is expired. The tourist status can also be renewed in Chile for a second 90 days period before expira2on so this category can be used for up to 180 days/6 months
• Visa applica2on fee of 1.5 2mes the local hire work visa fee will need to be paid. This amount will vary depending on na2onality (between around 15 USD to 670 USD) and is available here h8p://bit.ly/UTVKUI
Process (Post Arrival) • Applica2on filed at Chilean Immigra2on office AFTER arrival on tourist status
• Processing 2me 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
dura2on of the work permit) 3. Labour contract signed by both par2es before a notary
(Local hires) OR a le8er 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 le8ers must contain the start date of the assignment and a number of special clauses as per Chilean law.
4. Visa applica2on fee
Requirements
Advantages • Short processing 2me • Simple documenta2on. • Can be renewed up to six
2mes • Status can be changed to a
work visa in-‐country • Family members can
accompany on tourist status
Red Flags • Only for visa exempt na2onals • 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 na2onals with restricted na2onality 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 na2onal enters Colombia.
DEPENDENTS: No
HIGHLIGHTS: It applies to visa exempt na2onals. From February 2015 na2onals 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 applica2on (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 na2onals 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 applica2on -‐ filed at Migración Colombia at least three
business days before the applicant enters Colombia. Red Flags: • Only applies to visa exempt na2onals. From February 2015,
na2onals 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, educa2onal or scien2fic 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 ac2vity, hour and region)
• Post-‐arrival applica2on in Panama
Panama: Transit Visa and Temporary Work Permit
Process (Post Arrival) 1. Temporary Work Permit Applica2on (3 months validity ;
renewable) 2. Transit Visa Applica2on (12 months validity; renewable 5
2mes)
• Processing 2me up to 6 weeks
• Legalised le8er 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 2me • Simple documenta2on. • Can be renewed up to 5
years • Status can be changed to
a different work visa in-‐country
• Allows dependents
Red Flags • Host en2ty required with
commercial license • Local Panamanian payroll
with minimum salary • Frequent renewals
necessary • Legalisa2ons may be
required • Police clearance required
Advantages and Red Flags
Applicable for any individuals who enter the country to perform ac2vi2es/business transac2ons. • Not been specifically created for short term work but due to
the broad defini2on in the Venezuelan law, used in prac2ce for short term work ac2vi2es
• Applicable to corpora2ons, traders, execu2ves or representa2ves; micro-‐entrepreneurs and any other individual entering the country to carry out business ac2vi2es, transac2ons or any other lucra2ve ac2vi2es connected with their business
• Home country payroll and contract • Valid for one year (mul2ple entries), not renewable
Venezuela: TR-N Visa
Process (Consular): Applica2on must be submi8ed in the Venezuelan embassy or consulate in country of residence prior arrival and processing 2me is 15 to 30 days General Requirements -‐ may vary from one consular office to another • Passport valid for six months minimum • A le8er from home en2ty confirming purpose of visit to Venezuela
with details of host en2ty 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 legalisa2on of documents • Police clearance generally not
required • Fast • Simple documenta2on • Process completed in
applicant’s country of origin or residence – no post arrival steps
Red Flags • No dependents. • No change in immigra2on
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…