Exempt resolution N°2.606 which sets forth provisional extension measure of the period indicated, given the sanitary emergency due to the Covid-19 outbreak
On June 8, 2020, exempt resolution N°2.606 of the Ministry of Interior and Public Security entered into effect. The same sets forth provisional extension measures from 30 to 180 days in order to request a new visa due to change of employer.
The abovementioned resolution, temporarily modifies the period established under article 129 N°6 of supreme decree N°597, of 1984, Approved by the New Immigration Regulation, which establishes that requests for change of visa or Permanent Residence, in those cases set forth under article 39, second paragraph, of the same legal body, may be filed within the following 30 days counted from the termination of the corresponding employment.
The following requirements must be met in order to be eligible to this extension measure:
- Foreign employees must be the main holders of a valid work contract visa.
- The employment contract which was terminated, must be the one which served as a basis to request the aforementioned visa.
- That the termination of services was produced while the Exceptional State of Catastrophic Emergency declared by supreme decree N°104 of March 18, 2020 of the Ministry of Interior and Public Security is in force.
Please bear in mind that having expired the 180 day period without having requested a new work contract visa or permanent residence, whichever the case, it will be understood that the prior visa expired in light of article 39, second paragraph of supreme decree N°597 of 1984 of the Ministry of Interior Approved by the New Immigration Regulation, without further formality.
This measure aims to facilitate labor reinsertion of those looking for employment amidst the actual economic and social crisis which Chile and the whole world is facing, due to the coronavirus pandemic.
If you have any questions regarding the matters discussed in this news alert, please contact the following attorneys or call your regular Carey contact.
+56 2 2928 2223
This news alert is provided by Carey y Cía. Ltda. for educational and informational purposes only and is not intended and should not be construed as legal advice.
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