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PERU – Recent Changes to Documentation Requirements

Effective 23 December 2016, certain changes were made to supporting document requirements for both “Designated Worker” visas (temporary visas for assignees) and residence visas for locally hired foreign workers.

Designated Worker Visa

Employers preparing assignment letters for foreign national employees assigned to Peru must now request a duration of stay not exceeding the duration of the service agreement with the local Peruvian host company.

Previously, the requested duration of assignment could exceed the duration of the service agreement. The maximum duration of an assignment remains one year.

Local-Hire Work Visa

For authentication of the employment contract of a foreign national hired locally by a Peruvian company, if the contract is signed by an individual other than the General Manager, the immigration authorities will now accept a notarised affidavit that the signatory is a legal representative of the company and has the authority to sign the contract on behalf of the employer.

Previously, the Peruvian immigration office required a legalised copy of the power of attorney (“Vigencia de Poder”) of the legal representative. No authentication document is required if the contract is signed by the General Manager of the Peruvian Company.

Action Items

  • Employers sending foreign nationals on assignment to Peru should ensure that hey request a duration of stay which does not exceed the duration of the service agreement with the Peruvian host company.
  • Peruvian employers hiring foreign national workers should ensure that an employment contract signed by anyone other than the General Manager is supported by an affidavit that the signatory is a legal representative of the company, rather than by a power of attorney.

This news alert was prepared using information provided by Barrios Fuentes Abogados.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.