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Workers moving abroad

As a general rule, workers who move abroad are subject to the Social Security legislation of the country where they are working.  However, if this is a temporary transfer, they can remain under Spanish legislation in accordance with the terms and requirements given below:

It only applies to workers with Spanish or Chilean nationality.

Initial move

For workers employed by another person who work for a Spanish company and are sent by it to work temporarily in Chile and for workers who are self-employed in Spain and temporarily move to Chile to work, the corresponding transfer certificate should be applied for at a Provincial or Administrative Office of the General Treasury of the Social Security.

Application form

The company or self-employed worker must make the application on form TA.200   "Application to remain under Spanish Social Security legislation - Initial transfers" and also form E/CHL-1   "Certificate of applicable legislation", filled out in triplicate.

The form issued by the local Provincial or Administrative Office certifies that the worker continues to be subject to Spanish Social Security legislation during his or her stay in that country and therefore is exempt from Chilean Social Security contributions.

They must also apply to the National Social Security Institute for a health care form for temporary stays.

Period of authorisation 

The maximum length of time for the transfer is three years.

Ordinary extension

If employees or self-employed workers have to extend their stay in that country for more than the initial three years, the employer must apply to the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security for an extension to remain under Spanish Social Security legislation. This must be done far enough in advance before the end of the authorised period.

Application form

The extension request must be made using form TA.202  "Application to remain under Spanish Social Security legislation in accordance with |art. 17 of EEC  Regulations 1408/71 and other extensions of Bilateral Agreements" together with four copies of the duly filled out form E/CHL-2  "Extension of expatriation", to be sent to the other country.

 

This form is issued by the Chilean Social Security to certify that the worker continues to be subject to Spanish Social Security legislation for the period of time authorised.

They must also apply to the National Social Security Institute for a health care form for temporary stays.

Period of authorisation 

The maximum length of time for the extension is two years.

Other transfers

The Provincial or Administrative Offices of the Social Security Treasury General.

Are the bodies with the power to authorise transfers for:

    • Flight crews of air transport companies with their headquarters in Spain who work in the two countries.
    • The crews of ships flying the Spanish flag.

The authorisation is issued on form E/CHL-1 "Certificate of applicable legislation". The company, together with this form filled out in triplicate, will attach the application |TA -200.

General Sub-Directorate for Affiliation and Special Procedures.

For the transfer of:

    • Spanish civil servants sent to Chile, excluding the personnel of Diplomatic Missions and Consulates..
    • Those sent on missions of cooperation,

the General Sub-Directorate for Affiliation and Special Procedures will issue form E/CHL-1  for the full duration of their stay, upon the request of the Public Body or worker. Together with this form, filled out in triplicate, should be application form TA-200.

For the transfer of:

    • Spaniards who work in Spanish Diplomatic Missions or Consular Offices in Chile
    • Personnel in the private service of representatives of these Missions or Offices,

who opt for Spanish Social Security legislation, the General Sub-Directorate for Affiliation and Special Procedures will issue form E/CHL-3, "Exercising the right to choose", in triplicate, for the duration of their transfer, upon the request of the Public Body or the worker..

Other exceptions

Applications for other exceptions are processed by the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security.

The application for an extension must be made by the company or self-employed worker using form TA.202  "Application to remain under Spanish Social Security legislation in accordance with the terms of art.17 of EEC Regulations 1408/71 and other extensions of Bilateral Agreements".

Once the Chilean Social Security system has given its consent, the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security will issue form E/CHL.1, certifying that the worker continues to be subject to Spanish Social Security legislation for the authorised period.

They must also apply to the National Social Security Institute for a health care form for temporary stays.

 
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