New migration status and deadlines of permanence in Peru

By Legislative Decree of Migration No. 1236 the executive branch repealed the current Aliens Law, and its amendments. The regulation is considered one of the most modern in Latin America for promoting family reunification abroad.

The Migration Department will have the function of supervising the activities carried out by foreigners. The regulation also states that penalties for immigrants and employers who have an irregular employment relationship will be applied, the penalties ranging from fines to expulsion from the country.

Another aspect that is worth mentioning is the creation of the Registry of Migration that will serve to collect, systematize and analyze migratory information.

The three categories for immigration status that take effect are the following:

I.- VISITOR MIGRATORY CATEGORY

Courtesy, short periods with a maximum of 90 days without extensions. Participation in conferences, sporting, official events among others.

Tourism, Touristic, health or recreational  visits. 183 accumulated days over a period of 365 days without extension.

II.- TEMPORARY MIGRATORY CATEGORY

For studies, up to 365 days without extension.

Investors: The regulation will indicate the amount of the investment. Permanence up to 365 days, with extension.

Business: Receives subsistence allowance by directory or fees for conferences. Permanence must not exceed 30 days.

Worker: Get profits either being enrolled in payroll or independently. Permanence up to 365 days, with extension.

Designated worker, by a foreign company to work in a local business up to 30 days over a period of 365, there is no extension.

Short permanence worker, you can perform work activities in a period no longer than 30 days, there is no extension.

III.- RESIDENT MIGRATORY CATEGORY:

Provisional Resident, by international agreement, for having two years of permanence, to be a qualified person.

Provisional Resident, by business transference, a transnational staff coming to Peru to work in a group company for 1 year.

Permanent Resident, after two years as a provisional resident its permanence will be indefinite.

To request assistance on the new migratory law you can write to the following emails : marketing@omcabogados.com.pe  and omago@omcabogados.com.pe 

OMC Abogados & Consultores