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PERU – New Law to Reorganise Immigration Categories

A new immigration law (legislative decree No.1350), effective 1 March 2017, will reorganise Peru’s immigration categories into temporary and resident categories, and allow family members of foreign national residents to work with dependent status, among other changes.

This follows changes to certain documentary requirements for resident worker and designated worker visas effective 23 December 2016.

Temporary Status

This new category includes:

  • Business Visa – for business, legal, contractual or specialized technical activities, with multiple entry for up to 183 days in a year;
  • Temporary Designated Worker Visa – with multiple entry for stays of up to 183 days in a year;
  • Visas for tourism, journalism, temporary training/research, art or sports and visits under international agreements.

Resident Status

This new category includes:

  • Designated Worker Visa – for assignments that require specialised professional, commercial or technical knowledge with multiple entry for up to one year;
  • Worker Visa – for work under an employment contract, a contract for services or an intra-company transfer, with multiple entry for up to one year. Under this visa category, foreign nationals will for the first time be allowed to work in the public sector as well as the private sector.
  • Family Member of Resident Visa – for accompanying spouses or common-law partners, unmarried children up to 28 years of age and parents who will be allowed to work as a dependent of a foreign national resident without obtaining resident worker status, for up to two years;
  • Training Visa – for basic and higher education and exchange programs, with multiple entries for up to one year;
  • Permanent Residence Visa – The residency period required to qualify for indefinite residence has increased from two to three years;
  • Visas for investment, research and residence under international agreements.

Immigration Registry

The new law also creates an electronic Migration Information Registry (RIM), which will store identification data of foreign national visitors and residents.

Sanctions

The law establishes a new system of sanctions including compulsory departure, deportation, and fines for foreign nationals who overstay their visa, fail to update their Identification card information, fail to extend their visa within its validity period or to pay state visa fees, perform activities outside their immigration status or, in the case or those with more than one nationality, use the wrong passport for entry or exit.

Action Items

  • Note that, until the official government regulations and procedures are issued, certain details of the implementation of the new immigration law will remain unclear.
  • Contact an immigration advisor for the latest information on procedural changes due to the new immigration law.

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.