New immigration law detailed in regulations

27 Apr 17

PERU

IMPACT – MEDIUM

What is the change? Regulations on the New Law of Migraciones have been published and provide details on immigration statuses introduced in the law.

What does the change mean? The regulations set out the terms and durations of each status, the types of migratory permits that will be issued, and requirements related to foreign registration, issuance of foreign ID numbers and foreigners cards, and a fine schedule for various immigration infractions.

  • Implementation time frame: The regulations were published in the Official Gazette March 27.
  • Visas/permits affected: All visas, work permits, temporary migration status and permanent residency.
  • Who is affected: Foreign nationals in Peru, including expatriate employees and assignees.
  • Business impact: The law affects business travelers, intracompany transfers, foreign investors, foreign employees and their family members.
  • Next steps: The Interior Ministry and Ministry of Foreign Affairs are expected to issue details on application procedures as early as May.

Background: The law overhauls Peru’s immigration system, classifying all immigration statuses as either temporary or resident. The new immigration statuses are:

Temporary Status

  • Business – Permitted business activities include legal, contractual or technical assistance. Multiple-entry visas are valid for stays of 183 days cumulative within a one-year period (counted from first entry) and are not renewable. Nationals of countries that signed a business-visa exemption agreement with Peru may obtain visas on arrival.
  • Temporary worker/ designated – Temporary worker status includes for-profit activities under an employment contract in the public or private sector, and intracompany transferees who are in senior management positions, trust personnel and specialists. The temporary designated status is for foreign nationals in one of the sectors established by legislation sent by a foreign employer to perform a specific task requiring specialized professional, commercial or technical knowledge. Multiple-entry visas are valid for stays of 183 days cumulative within a one-year period (counted from first entry) and are renewable for the same term.
  • Training/Research – Foreign nationals carrying out studies or research recognized by authorities may apply for training or research status. Single-entry visas are valid for 90 days and may be extended for the same period.
  • Tourists – Tourist visits, leisure, medical or similar activities are permitted. Work, remunerated or for-profit activities are prohibited. Visas issued for multiple entries for 183 days within a one-year period (counted from first entry) cannot be extended.

Residency Status

  • Designated  Designated status is appropriate for foreign nationals conducting repair or maintenance of machinery or technically advanced systems, audits and international certifications sent to Peru by a specialized international corporation. Independent work or for-profit activities are prohibited. Multiple-entry visas are valid for one year and may be renewed.
  • Worker  Worker status is applicable to contracted employees, intracompany transfers and independently employed personnel. Contracted employees must prove that the contracting company has a valid taxpayer registration; self-employer workers must have an active taxpayer registration. Multiple-entry visas are valid for one year, renewable for the same term.
  • Investor – A minimum investment of 500,000 soles (about US$155,000) is required. Multiple-entry visas are valid for one year, renewable.
  • Permanent – Foreigners who have resided in Peru for three years may apply for permanent residency for themselves and their immediate family members. (MERCOSUR nationals are entitled to eased rules).
  • Resident Familiar – Family members of Peruvian citizens or foreign residents are eligible for residency. Residency for relatives of a Peruvian citizen is valid for up to two years, and up to one year for relatives of a foreign citizen. Holders of Resident Familiar status may work for themselves or as employees.
  • Rentier – Foreign nationals may obtain residency based on proving a lifetime pension from a Peruvian or foreign source.
  • Training  Foreigners engaged in studies approved by the Peruvian government. Valid for one year and renewable for the same term.

Migratory Permits

The regulations also list several types of migratory permits, including an Extraordinary Work Permit that authorizes income-generating activities for up to 60 days, as well as permits for foreign nationals who must leave Peru while their extension application is pending or residents who must leave for lengthy periods, and a permit that authorizes a foreign national with temporary migration status to sign commercial or financial documents only.

Fines

Fines will be levied against foreign nationals for various violations:

  • Overstaying at time of departure – US$1.25 per day.
  • Failure to update alien registration card information – US$13 per month.
  • Failure to extend visa before expiration – US$13 per day.
  • Using more than one nationality for entry, stay or departure – US $64.
  • Conducting activities prohibited by immigration status or visa – US $125.

Registration and oversight

Other changes include foreign ID numbers issued upon registration, foreigners cards for residents (valid for four years), duties to report any changes within set deadlines, and information-sharing practices among immigration and labor authorities about any violations by companies or individuals.

BAL Analysis: The law is a welcome development that streamlines immigration categories and terms of stay for each status. Companies and individuals should also be aware of the increased focus on compliance and tracking of foreign nationals in Peru.

This alert has been provided by the BAL Global Practice group and our network provider located in Peru. For additional information, please contact your BAL attorney.

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