Hire a Japanese Chef in Chile: Residencia Temporal and the 85% Rule

Chile is a small Japanese restaurant market with two features that matter for hiring: a work permit that must be applied for from outside the country, and a labour code rule that caps foreign staff at larger employers. It is also one of three Latin American countries, with Argentina and Uruguay, that have a working holiday arrangement with Japan. This guide covers all three, using Chile's migration service and labour directorate as sources.

1. Chile in numbers

• MAFF counted about 500 Japanese restaurants in Chile in 2025, around 30 fewer than in 2023. MAFF rounds country figures to the nearest ten.
• Latin America as a whole grew about 20% over the same period, so Chile went against the regional trend. Most of the regional growth came from Brazil. See our Latin America data guide.
• MOFA recorded 1,630 Japanese nationals in Chile on 1 October 2025: 943 long-term stayers and 687 permanent residents.

The long-term stayers are mostly people on assignment or on fixed-term permits, and they come and go. The permanent residents are the ones worth finding first: they can join your kitchen without a new permit. Advertise in Spanish and Japanese before you look abroad.

2. The work permit: Residencia Temporal

Chile's Migration and Foreigners Law (Law 21,325) replaced the old contract visa (Visa Sujeta a Contrato) with the Residencia Temporal permit. For paid work, the relevant subcategory is "foreigners engaged in lawful remunerated activities". According to the National Migration Service (SERMIG):

• The application must be made from outside Chile, through SERMIG's online procedures portal. A chef who arrives as a tourist and then looks for a job is not on the standard route.
• With an employment contract, the permit is valid for up to two years and can be extended for two years in succession.
• With a formal job offer instead of a contract, a favourable decision gives a permit for 90 calendar days. After entering Chile the worker has 45 days to present the employment contract, which gives a one-year extension.
• Losing the job, or changing employer voluntarily, is not by itself grounds for revoking a Residencia Temporal permit, and the holder can change employer without informing SERMIG. The exception is the 90-day permit granted on a job offer.

For most restaurants the contract route is simpler: one application, up to two years, and no 45-day deadline after arrival.

3. Contract, notary and documents

The contract must follow the Chilean Labour Code. SERMIG's requirements for an employer that is a company include:

• The employment contract, signed by the employer at a Chilean notary public. The worker signs it at the competent Chilean consulate.
• Proof of liquidity to hire the applicant.
• A document showing the legal authority of the person signing for the company.
• The employer's tax folder (carpeta tributaria) from the tax service, or other proof of economic solvency.
• For the chef: a valid passport, a criminal record certificate from every country lived in during the last five years, and a photo.

Documents issued abroad must be apostilled or legalised. Documents in a language other than Spanish or English need a certified translation. Private documents must be submitted within 30 days of issue, and public documents within 60 days, so time the Japanese police certificate carefully.

Once the chef starts, the employer still has its Labour Code duties to notarise and electronically register the contract (Articles 9 and 9 bis). The parties may also agree that the employer pays the chef's return ticket when the contract ends. That is optional in Chile, but it is a normal part of a relocation package.

4. The 85% rule and when it applies

Articles 19 and 20 of the Labour Code require that at least 85% of the workers serving the same employer be Chilean. The Labour Directorate (Dirección del Trabajo) explains how it works:

• Employers with 25 workers or fewer are exempt. Most single restaurants are below this line.
• The count uses the employer's total workforce in Chile, not each branch separately. A group with several restaurants under one company counts them together.
• Specialist technical staff are excluded from the calculation.
• A foreigner whose spouse, civil partner or children are Chilean counts as Chilean, as does a foreigner resident in Chile for more than five years.

Whether a Japanese head chef qualifies as specialist technical staff depends on the Directorate's criteria (it cites its Ordinance 6307/282 for this), so do not assume it. If your company is near the threshold, run the count with your accountant before you make an offer.

5. Working holiday: a second route

Japan and Chile started a working holiday arrangement in 2018. MOFA lists an annual quota of 200 places, as of 1 April 2026. A working holiday maker is not a replacement for a sponsored head chef, but it can fill a line cook or front of house role for a season and sometimes leads to a longer hire. Check the current conditions, including what work is allowed, with the Chilean consulate in Japan. Our working holiday hiring guide covers the general approach.

6. Step by step

1. Search locally in Spanish and Japanese among permanent residents and Chilean cooks trained in Japanese cuisine.
2. If sponsoring, check your headcount against the 85% rule (only relevant above 25 workers).
3. Interview with a practical test. See remote skills tests.
4. Prepare the employment contract under the Labour Code and sign it at a Chilean notary.
5. Gather the tax folder, proof of liquidity and signatory authority documents.
6. The chef collects a criminal record certificate, gets documents apostilled, signs the contract at the consulate and applies to SERMIG online from outside Chile.
7. After arrival, register the contract electronically and plan the first month. See our onboarding guide.

General information gathered from official sources in September 2026, not legal or immigration advice. Requirements and document rules change; confirm the current position with SERMIG, the Dirección del Trabajo and the Chilean consulate before acting.