Short Term Assignments

Latin America

Speakers


Host:

Maude Burger-Smith (Peregrine)

Speakers:
INTRODUCTION:

Raquel Gmez 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 Montfar (BDS)

VENEZUELA:

Daniela Arvalo (Littler Venezuela)

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/qualied sta (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

Lets take a look

Argentina: Special Transitory Visa

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

Process - 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 led and completed on the same day on applicants
behalf

Pros and Cons

PROS

Fast
Easy
Simple documenta2on
No police clearance
cer2cates are required

CONS
No dependents
Specic 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 rst visa
applica2on). 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 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

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 nancial 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 rst 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

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 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 led at Chilean Immigra2on oce AFTER arrival on tourist status

Processing 2me 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
dura2on of the work permit)
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.
Visa applica2on fee

Advantages and Red Flags

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

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 Aairs 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

Migracin Colombia at least three to
ve 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 Aairs 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 qualied locals) for up to 30 days

Process:
In-country applica2on - led at Migracin 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

Panama: Transit Visa and Temporary Work Permit

Applies
to personnel or temporary workers or

technicians in the cultural, professional, educa2onal or
scien2c elds, specically 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

Process - 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

Advantages and Red Flags

Advantages

Short processing 2me

Simple documenta2on.
Can be renewed up to 5
years
Status can be changed to
a dierent 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

Venezuela: TR-N Visa

Applicable for any individuals who enter the country to

perform ac2vi2es/business transac2ons.

Not been specically created for short term work but due to
the broad deni2on 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

Process - 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 oce to another

Passport valid for six months minimum
A le8er from home en2ty conrming 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

Advantages and Red Flags

Advantages

No legalisa2on of documents
Police clearance generally not
required
Fast
Simple documenta2on
Process completed in
applicants 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
prot incurred during their
stay in Venezuela to the
Ministry of Finance before
leaving the country

In summary