Consolidated TPP Text – Chile’s Schedule of Commitments for Temporary Entry for Business Persons
The following sets out Chile’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry for business persons.
A. Business Visitors
Chile extends its commitments under this category to all Parties that have made commitments under the heading “Business Visitors” or “Service Sales Persons” or “Short term Business Visitors”.
Chile extends its commitments under paragraph 1(d) to all Parties that have made commitments in its Schedule for the same subcategory.
Description of Category
Definition:
Business Visitor means a business person who is seeking temporary entry to the territory of Chile for the purpose of:
- (a) attending meetings or conferences, or engaging in consultations with business colleagues;
- (b) taking orders or negotiating contracts for an enterprise located in the territory of another Party, but not selling goods or providing services to the general public;
- (c) undertaking business consultations concerning the establishment, expansion or winding up of an enterprise or investment in Chile; or
- (d) installing, repairing or maintaining equipment or machinery, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of such equipment or machinery, during the life of the warranty or service agreement;Footnote 1and
- (e) whose principal place of business, actual place of remuneration and predominant place of accrual of profits remain outside Chile.
Conditions and Limitations (including length of stay)
Length of stay for a period of up to 90 days, which may be extended.
B. Intra-Corporate Transferees
Chile extends its commitments under this category to all Parties that have made commitments under the heading “Intra-Corporate Transferees” or “Intra-Company Transferees.”
Chile extends its commitments for “Management Trainee on Professional Development” to all Parties that have made commitments in its Schedule for the same subcategory.
A family dependent (spouse, parent or offspring) of an Intra-Corporate Transferee will be granted a visa as a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile, upon a separate application under this Agreement or the general immigration rules, for their own visa as non-dependent. The application can be submitted and processed in Chile.
Description of Category
Definition:
Intra-Corporate Transferee means a business person employed by an enterprise who seeks to render services to that enterprise’s parent entity or a subsidiary or affiliate thereof, as an Executive, Manager, Specialist or Management Trainee on Professional Development.
A confirmation can be required that the business person had been employed by the enterprise uninterruptedly for one year, within the three years immediately before the date on which the application was filed.
Executive means a business person within an organisation who primarily directs the management of the organisation, exercises wide latitude in decision-making, and receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the business.
Manager means a business person within an organisation who primarily directs the organisation or a department or sub-division of the organisation, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to recruit and dismiss or take other personnel actions such as promotion or leave authorisation, and exercises discretionary authority over day-to-day operations.
Specialist means a business person who possesses specialised knowledge of the company’s products or services and its application in international markets, or an advanced level of expertise or knowledge of the company’s processes and procedures. A Specialist may include, but is not limited to, professionals.
Management trainee on professional development means an employee with a post-secondary degree who is on a temporary work assignment intended to broaden that employee’s knowledge of and experience in a company in preparation for a senior leadership position within the company.
Intra-Corporate Transferees who enter Chile shall be deemed to be engaged in activities which are in Chile’s interest.
Conditions and Limitations (including length of stay)
Length of stay for a period of up to one year which may be extended, provided the conditions on which it is based remain in effect, without requiring that business person to apply for permanent residence.
The length of stay for family dependents, including extensions, shall be the same as that of the business person they are accompanying.
Intra-Corporate Transferees and their family dependents may freely enter and leave Chile without having to apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.
C. Investors
Chile extends its commitments under this category to all Parties that have made commitments under the heading “Investors” or “Independent Executives” or “Persons Responsible for Setting up a Commercial Presence”.
A family dependent (spouse, parent or offspring) of an investor will be granted a visa as a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile, upon a separate application under this Agreement or the general immigration rules, for their own visa as non-dependent. The application can be submitted and processed in Chile.
Description of Category
Definition:
Investor means a business person seeking to establish, develop or administer an investment in Chile, to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital in a capacity that is supervisory, executive or involves essential skills.
Investors who enter Chile shall be deemed to be engaged in activities which are in Chile’s interest.
Conditions and Limitations (including length of stay)
Length of stay for a period of up to one year which may be extended for subsequent periods, provided the conditions on which it is based remain in effect, without requiring that business person to apply for permanent residence.
The length of stay for family dependents, including extensions, shall be the same as that of the business person they are accompanying.
Investors and their family dependents may freely enter and leave Chile without having to apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.
D. Independent Professionals and Technicians
Chile extends its commitments under this category to all Parties that have made commitments under the heading “Independent Professionals” or “Professionals and Technicians” or “Professionals and Technician-Professionals” or “Technicians” or “Contractual Service Suppliers” (including Independent Professionals and Specialists), limited to the same occupations, activities, professions or sectors committed by the other Party.
A family dependent (spouse, parent or offspring) of an Independent Professional or Technician will be granted a visa as a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile, upon a separate application under this Agreement or the general immigration rules, for their own visa as non-dependent. The application can be submitted and processed in Chile.
Description of Category
Definition:
Independent Professional and Technician means a business person engaged in a specialty occupation who:
- (a) has theoretical and practical application of a body of specialised knowledge;
- (b) has attainment of a post-secondary degree, requiring four or more years of study for Professionals and two or more years of study for Technicians, or the equivalent of such a degree or technical qualification, as a minimum for entry into the occupation;
- (c) is a self-employed service supplier who is engaged in the supply of a contracted service, where the Professional or Technician has a service contract from a juridical person located in Chile; and
- (d) receives remuneration from a person of Chile.
Independent professionals and technicians who enter Chile shall be deemed to be engaged in activities which are in Chile’s interest.
Conditions and Limitations (including length of stay)
Length of stay for a period up to one year which may be extended for subsequent periods, provided the conditions on which it is based remain in effect, without requiring that business person to apply for permanent residence.
Independent Professionals and Technicians and their family dependents may freely enter and leave Chile without having to apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.
The length of stay for family dependents, including extensions, shall be the same as that of the business person they are accompanying.
E. Contractual Service Suppliers
Chile extends its commitments under this category to all Parties that have made commitments under the heading “Contractual Service Suppliers” or “Professionals and Technicians” or “Technicians”, limited to the same occupations, activities, professions or sectors committed by the other Party.
A family dependent (spouse, parent or offspring) of a Contractual Service Supplier will be granted a visa as a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile, upon a separate application under this Agreement or the general immigration rules, for their own visa as non-dependent. The application can be submitted and processed in Chile.
Description of Category
Definition:
Contractual Service Supplier means a business person engaged in a specialty occupation who:
- (a) has theoretical and practical application of a body of specialised knowledge;
- (b) has attainment of a post-secondary degree, requiring four or more years of study for professionals and two or more years of study for technicians, or the equivalent of such a degree or technical qualification, as a minimum for entry into the occupation;
- (c) is engaged in the supply of a contracted service as an employee of a juridical person that has no commercial presence in Chile, where the juridical person obtains a service contract from a juridical person located in Chile; and
- (d) is required to receive no remuneration from a juridical person located in Chile;
Contractual Service Suppliers who enter Chile shall be deemed to be engaged in activities which are in Chile’s interest.
Conditions and Limitations (including length of stay)
Length of stay for a period of up to one year which may be extended for subsequent periods, provided the conditions on which it is based remain in effect, without requiring that business person to apply for permanent residence.
The length of stay for family members, including extensions, shall be the same as that of the business person they are accompanying.
Contractual Service Suppliers and their family members may freely enter and leave Chile without having to apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.
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