Tourist visa,current Migraciones law.

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Wiracocha
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Tourist visa,current Migraciones law.

Postby Wiracocha » Sat Jul 21, 2018 12:11 pm

Hello group,
There have been a few postings here over recent months about tourist visas in Peru, and various questions raised and some answered. I have recently had cause to find out the actual law in the Migraciones, in their handbook , with my immigracion lawyer.
Let me transcribe the law directly from that , first in Spanish( as is worded) and then in English,by Google translator.
by
Reglamento de la Ley de Migraciones....page 219.
Articulo 77 Calidad migratoria Turista.

77.2 El plazo de otorgamiento y de permanencia es de ciento ochenta y tres (183) dias consecutivos o de periodos de dias que sumados den un resultado de ciento ochenta y tres (183) dias dentro de ano , contado desde su primer ingreso al territorio peruano. Estos plazos no son prorrogables.
Google translation to English:
77.2 The term of execution and permanence is one hundred and eighty- three (183) consecutive days or of periods of days summed to give a result of one hundred and eighty- three days within a year, counted from its FIRST ENTRY to the Peruvian territory. These terms are not extendable.

Read into it what you will....but the point I needed clarified was other reports read which said that the current law said 183 days in any 365 day period ( not a calendar year as such).....so, you may leave and re- enter Peru several times during the 365 days period, as long as your stay(s) do not total up to more than 183 days.This ONLY applies to tourism,family visits etc, NOT for working or any other paid activities for gain.
Briefly, in my case, I have to leave and re-enter Peru to get a new tourist visa ( long story short), and Migraciones advised me that the period of days for my new tourist visa will be calculated back from my first entry in 2006. Do not know how many days that will be until I actually re- enter through migracions at the airport. The office in Brena could not tell me at the time...bit strange, but it is Peru!! I have been to Peru 6 times since 2006.

Hope this helps clarify things for others here.
Cheers,
Viracocha.Foreigner.


chante
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Re: Tourist visa,current Migraciones law.

Postby chante » Sat Jul 21, 2018 10:20 pm

I have seen three interpretations of the law; including this one which says Migrations will go back to someone's first entry into the country (which doesn't make sense if its 183 days in a year). This interpretation would mean no one could ever come to Peru for more than 183 days.

The second, and it seems most common interpretation is that one can only stay 183 days in any 365 day period, so for people coming yearly that would mean for three months in a calendar year - ie January through March in one year, the same months the next year so that by the end of the second year stay in would be 180 days but in a 445 day period from the beginning of January of one year to the end of March the next year.

From this translation of the law:" one hundred and eighty- three days within a year", this could mean a calendar year as it seems to have been interpreted by some migrations officials.

So, a tourist asking for 4 or 5 or 6 months under the new law is not unreasonable as the interpretation of the law does not seem to be consistent, if migration officials are unclear why should tourists be expected to have a clear understanding of the law.
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Sun Jul 22, 2018 6:40 pm

Yes, Chante,You hit the nail on the head when you said different interpretations by different immigation personnel !!
That's what made my experiences with M so bloody frustrating.

In my own case, I have to fly out( by 31 July) and return to get a new tourist visa.(:to apply again for my carnet).long story short... however, my last entry was early August last year...so I was having doubts about doing it in one day ( my wife is very ill in a Lima hospital, thus my need for one day out and in)...but after 4 hours in M , with my lawyer, one person finally queried her supervisor and they came up with that rule/law booklet. from which I got the words that I posted.
She checked my details on her computer and then told us that I can get a new tourist visa on July 29... which was my FIRST ENTRY into Peru 2006. ( first of 5 since).
Well blow me down....I was overwhelmed by that news...fitted my current ,stressful, dates very well.
I' ve got a copy of that page, plus the M lady' s name...just in case I cop an immigration person,upon my return, who has a " different interpretation" of the Immigration law!! and I can show him/her their own law. Fingers crossed !!

So, yes again, if their own personnel don' t know their own law clearly, what bloody chance have foreigners got....carumba !!
Cheers,
Wiracocha.
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Re: Tourist visa,current Migraciones law.

Postby 69roadrunner » Mon Jul 23, 2018 4:43 pm

Wiracocha wrote:Yes, Chante,You hit the nail on the head when you said different interpretations by different immigation personnel !!
That's what made my experiences with M so bloody frustrating.

In my own case, I have to fly out( by 31 July) and return to get a new tourist visa.(:to apply again for my carnet).long story short... however, my last entry was early August last year...so I was having doubts about doing it in one day ( my wife is very ill in a Lima hospital, thus my need for one day out and in)...but after 4 hours in M , with my lawyer, one person finally queried her supervisor and they came up with that rule/law booklet. from which I got the words that I posted.
She checked my details on her computer and then told us that I can get a new tourist visa on July 29... which was my FIRST ENTRY into Peru 2006. ( first of 5 since).
Well blow me down....I was overwhelmed by that news...fitted my current ,stressful, dates very well.
I' ve got a copy of that page, plus the M lady' s name...just in case I cop an immigration person,upon my return, who has a " different interpretation" of the Immigration law!! and I can show him/her their own law. Fingers crossed !!

So, yes again, if their own personnel don' t know their own law clearly, what bloody chance have foreigners got....carumba !!
Cheers,
Wiracocha.

It is not a good idea to quote chapter a verse to a law enforcement or immagration official. he has been around and heard it all. The best thing to do is take the time you get and if you feel it is wrong, (based on your vast knowledge), pop into to the Brena migrations office and report them.
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Mon Jul 23, 2018 9:44 pm

Yes, reckon you are right....good idea, 99 !! Thanks.
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Wed Aug 01, 2018 9:10 pm

Well, I have now flown out and back again into Lima in one day.
The front line Immigration bloke ,at Lima airport, was uncertain to stamp my passport with a new "tourist visa", so called the supervisor., who took me to a back office and was quite puzzled about my "case", so I showed him my exit permission letter from Migraciones(Brena) and also the little page on their law, as a way to help him to help me. (No, I didn't quote chapter and verse !! :-) )

So, kept me waiting for 30 minutes or so...me thinking oh oh, I am in strife !! He was a very busy supervisor though.

Anyway, he returned, and took me back to the intial check point bloke, said something to him and departed.
The immi officer smiled at me, stamped my passport and said, "Good news, senor, you have a 6 months visa"., and gave me the thumbs up...nice touch..I was somewhat overwhelmed by the 6 months also.

So, in the vein of my original posting...the awarding of "x" amount of days for a tourist visa , is based on/calculated from your first entry to Peru...whenever it was. Mine was 29 July 2006.

No, I am not being a smart a**se, just validating things, for those for whom it may be of concern.

Now, my new application to do for Rentista Visa/Foreign Resident's card....with an immi lawyer this time !! :-)
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Re: Tourist visa,current Migraciones law.

Postby Alan » Thu Aug 02, 2018 2:18 pm

Thanks very much for sharing your experience, and congratulations on your insistence and your eventual success.

Would it be possible for you to upload a photo of the sheet with the legislation? It could help many others.
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Thu Aug 02, 2018 10:00 pm

G'day Alan,
Not sure about uploading..BUT I did quote, word for word, from the law sheet in my intial post on this...is that sufficient ? :-)
Cheers,
Wiracocha.
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Re: Tourist visa,current Migraciones law.

Postby Alan » Fri Aug 03, 2018 3:38 pm

Wiracocha wrote:Reglamento de la Ley de Migraciones....page 219.
Articulo 77 Calidad migratoria Turista.

77.2 El plazo de otorgamiento y de permanencia es de ciento ochenta y tres (183) dias consecutivos o de periodos de dias que sumados den un resultado de ciento ochenta y tres (183) dias dentro de ano , contado desde su primer ingreso al territorio peruano. Estos plazos no son prorrogables.
Google translation to English:
77.2 The term of execution and permanence is one hundred and eighty- three (183) consecutive days or of periods of days summed to give a result of one hundred and eighty- three days within a year, counted from its FIRST ENTRY to the Peruvian territory. These terms are not extendable.
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Re: Tourist visa,current Migraciones law.

Postby fanning » Sat Aug 04, 2018 10:42 am

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Re: Tourist visa,current Migraciones law.

Postby 69roadrunner » Sat Aug 04, 2018 3:45 pm

Thank you Fan. Beyond me why you wanted to keep the location in the document a secret. The page number, anyway, it is on page 118.
Here is a much better translation
The term of grant and stay is one hundred
Eighty-three (183) consecutive days or periods of days
that added together give a result of one hundred and eighty three (183)
days within one year, counted from your first admission to
Peruvian territory. These terms are not extendable.
So......., What has changed since the beginning of time?
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Re: Tourist visa,current Migraciones law.

Postby fanning » Sat Aug 04, 2018 3:51 pm

???

I was not participating in this discussion, but somebody asked the full law. So I put a link to the law. How can that be considered secretive is beyond me.
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Re: Tourist visa,current Migraciones law.

Postby 69roadrunner » Sat Aug 04, 2018 4:59 pm

??3?!2
Whatever... Alan asked for an upload of the specific section of the law,,,,,,not the whole document, jeez. Sorry.
BTW,,,you were not participating what are you doing now?
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Alan
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Re: Tourist visa,current Migraciones law.

Postby Alan » Thu Aug 09, 2018 5:12 pm

Alan wrote:
Wiracocha wrote:Reglamento de la Ley de Migraciones....page 219.
Articulo 77 Calidad migratoria Turista.

77.2 El plazo de otorgamiento y de permanencia es de ciento ochenta y tres (183) dias consecutivos o de periodos de dias que sumados den un resultado de ciento ochenta y tres (183) dias dentro de ano , contado desde su primer ingreso al territorio peruano. Estos plazos no son prorrogables.
Google translation to English:
77.2 The term of execution and permanence is one hundred and eighty- three (183) consecutive days or of periods of days summed to give a result of one hundred and eighty- three days within a year, counted from its FIRST ENTRY to the Peruvian territory. These terms are not extendable.


Link to entire text of law:

https://www.migraciones.gob.pe/wp-conte ... amento.pdf
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Re: Tourist visa,current Migraciones law.

Postby chante » Fri Aug 10, 2018 10:05 am

I am interested in hearing from others, whether they received the same interpretation upon reentering Peru. From Wiracocha's post, it took a supervisor's intervention to get the 183 days from first ever entry to Peru. Is it recommended to carry a copy of the law in case a migration officer has a different interpretative and won't give the time requested?
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Fri Aug 10, 2018 9:07 pm

G'day Chante,
Well, my situation was far from normal...so will give a bit more info.
The last time I entered Peru ( for migration, to live here with my Peruvian wife) was August 6 last year.
After many questions and answers with my Carnet application with Migraciones in Brena, it took a lot of time. A person's tourist visa gets "frozen" ( time wise) when you first lodge your carnet application. In early June, they gave up on my application and deemed it "inadmissable". (long story short).

After 15 days they sent another letter, they gave me 15 days to leave the country. I panicked because my wife was very ill in hospital for many weeks (still not well) and I was not "going away", as such...therefore running the risk of being illegal.

As I have previously said, my recently engaged immi' lawyer and I pushed to find out my situation in regards to another tourist visa when I flew back in. The outcome, I explained in my last posting(s). I was deemed as "irregular" and not "illegal" up until the end of those 15 days.....and was advised by Immigraciones that I could get another tourist visa upon my return. ( same day, as it was)

The thing was, with the supervisor at the Lima airport, was that according to my previous/last entry stamp (6 Aug 2017) that I had been here for almost a year on a 6 months visa....he could not see how I could warrant another visa...thus, I gently showed him the copy of the relevant Immi law, in order to help him to help me.
He was non-too-happy, as his boss gave him the ruling in my favour...but he was more or less polite, anyway.

Hope this clarifies things a bit better.
Cheers,
Wiracocha
(preparing his next carnet application)
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Re: Tourist visa,current Migraciones law.

Postby chante » Sun Aug 12, 2018 1:49 pm

Wiracocha, thanks for the additional information. Our situation is different, Canadian snowbirds coming every winter for the past ten years. I'll have to see what happens when we come next time.
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Sun Aug 12, 2018 10:18 pm

G'day Chante,

You are welcome. I wouldn't wish my experience on anyone else though!!
By the way, one with a tourist visa can open a bank account in a Peruvian bank, if necessary...any interest, I will say how. :-) I just did it last week with Scotiabank-Peru.
Cheers,
Wiracocha.
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Re: Tourist visa,current Migraciones law.

Postby 69roadrunner » Tue Aug 14, 2018 5:37 pm

Wiracocha wrote:G'day Chante,

You are welcome. I wouldn't wish my experience on anyone else though!!
By the way, one with a tourist visa can open a bank account in a Peruvian bank, if necessary...any interest, I will say how. :-) I just did it last week with Scotiabank-Peru.
Cheers,
Wiracocha.

"By the way, one with a tourist visa can open a bank account in a Peruvian bank"
Hmm, that is very bad advice. Sure you can somehow open a bank account but being against the law....do you really want to fund it? There is always someone willing to separate a fool from his money.
Look at adrian Thornes woes viewtopic.php?f=1&t=29848&p=155762#p155751
Cheers G'Day
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Re: Tourist visa,current Migraciones law.

Postby Wiracocha » Wed Aug 15, 2018 10:26 pm

@ Roadrunner,

My comment is legit, but obviously you don't know how it can happen legally. let me fill you in,also for any other interested persons.
To begin with, no Peruvian bank will open an account for a foreigner only on a passport....I tried many top banks here.

Scotiabank Peru advised me to use the Mirgraciones website and find the "PERMISO ESPECIAL PARA FIRMA CONTRATOS - PEFC section/link.
This advises that first you have to pay S/16.00 deposit into Banco de la Nacion, with your passport, so that they can register your name and passport number on the receipt.

Then return to the website and open that section again. Follow the instructions and enter your passport number and your name etc. It will accept that you have paid the S/ 16.00 and provide a printable document which gives your details on it, and also a second page with the Numero de Tramite and the word APROBADO (approved)...with a note that the permission is only valid for 30 days.

A bold font foot note says "additionally, a copy of the certificate has been sent to your e-mail address xxxxx (Check main tray or junk mail) ....print this also because it is the critical certificate that the bank requires to authorise you to open an account.
IF you don't receive that email ...return to the website section again, enter your details and click on "consultar"and you certificate should appear. for printing. ( I know this becasue I did not receive the promised email and investugated a bit more....bingo !! )
Any other personal details required by the bank(of your choice) will be requested on the day you go in to that bank, with the Migraciones paperwork and certificate.

Why a person on a tourist visa would require permission to sign legal documents,or open a bank account, I will leave open. Mine was mandatory for my application for a Rentista visa.

So, senor(a) roadrunner...does that placate your doubts ??!! Hope so. :-)

Cheers,
Wiracocha.
P.S I have read the link that you put..ummm I would not use BCP in a pink fit, mate !! For starters, their ATM's won't issue US dollars any more, plus the bank fees the other poster suffered.
Scotiabank Peru only charges 0.00001% or so, for received wire transfers. and has no other fees that I have experienced...plus it is an international bank (HQ in Canada, I think), so is can be handy in other countries also.
ATM's will issue both Soles and US dollars, in Peru's case.

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