New immigration law

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AmigoRikard
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Re: New immigration law

Postby AmigoRikard » Fri Dec 11, 2015 11:57 am

A person on another forum has received information from Migraciónes that you can make border hoping until March next year and the fee if you stay too long on your visa is still to be $1 (but of course can be changed in the future).

So maybe take the opportunity to jump now. But still, you know it's up to the person with the stamp ...


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Re: New immigration law

Postby Alpineprince » Fri Dec 11, 2015 1:32 pm

I heard from reliable sources that it will be May 2016 at the earliest.
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Re: New immigration law

Postby Polaron » Thu Dec 17, 2015 12:47 pm

You've got to love Latin American news dissemination!
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Re: New immigration law

Postby TonyLeslie » Thu Dec 17, 2015 10:26 pm

So it is becoming obvious with all these posts that no one wants to consider going to the Immigration Information Desk, talking to someone there who has English and finding out the facts first hand. I would not be surprised if they not only gave you all the information but also the paper work you might need to overcome your problems. My experience with Migraciones this year (although not directly this subject) is that they are streamlining their operations to be more user friendly, convenient and appear to be relaxing some of the more tedious parts of the system. After some discussions at the Information Desk I had the impression that updating the current Laws has been under discussion for some time. Try it, it might work for you.
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Re: New immigration law

Postby Andywalters » Fri Dec 18, 2015 9:46 am

TonyLeslie, We did just that, although we spoke in Spanish (well mainly my wife, mine is still a work in progress ;) ), but were given false information by one clerk and on another occasion were dealt with by a very unfriendly woman who had no interest in our problems/questions....I rather got the impression that they are not 100% sure of what the new law is either yet!!! Oh and their ticketing machine had broken....in my opinion it is going to be at least a generation until bureaucracy is streamlined here!
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Re: New immigration law

Postby Sergio Bernales » Fri Dec 18, 2015 10:52 am

According to this, it's more likely to be late 2016...

viewtopic.php?f=1&t=28682
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Re: New immigration law

Postby Polaron » Fri Dec 18, 2015 5:39 pm

TonyLeslie wrote:So it is becoming obvious with all these posts that no one wants to consider going to the Immigration Information Desk, talking to someone there who has English and finding out the facts first hand. I would not be surprised if they not only gave you all the information but also the paper work you might need to overcome your problems. My experience with Migraciones this year (although not directly this subject) is that they are streamlining their operations to be more user friendly, convenient and appear to be relaxing some of the more tedious parts of the system. After some discussions at the Information Desk I had the impression that updating the current Laws has been under discussion for some time. Try it, it might work for you.


Tony, Andy is right. In fact, it's very likely that if you ask a bureaucrat/employee at Immigration or any other government agency, you will be given incorrect and/or conflicting information. When you've spent a few years living in Latin America like a few people on these boards, you learn whom not to trust with information (the majority, unfortunately).

I am going to get the name of the attorney to whom I alluded in an earlier post and try to meet with him this next week, because I have some questions that my friend does not seem to understand.

The best advice I can give - and I apologize in advance for giving unsolicited advice - is don't believe what government employees (or any employees, public or private, for that matter) tell you. The best way to get a straight answer is to network, like people are doing on these very valuable boards. Logic has very little to do with the situation south of the Rio Grande.
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Re: New immigration law

Postby Huayruru » Fri Jan 29, 2016 8:59 pm

mammamia wrote:MIGRACIONES ELIMINÓ MÁS DE 130 REQUISITOS INNECESARIOS DE SUS TRÁMITES Y PROCEDIMIENTOS

Looks like the new prorroga rules are coming into effect:

https://www.migraciones.gob.pe/index.ph ... dimientos/

According to the new Resolucion Ministerial of Oct.16, 2015 (https://www.migraciones.gob.pe/documentos/RM0633.pdf), Residentes Familiares will no longer need to present the following documents to renew their residence visas:

Original o copia legalizada notarialmente o autenticada por el Fedatario de la DIGEMIN de la partida o Acta o Certificado de Nacimiento o Matrlnonio que acredite continuidad del vlnculo familiar por el cual obtuvo la residencia...

Requisito 5, Declaración jurada de quien solicitó la visa de residencia, dejando constar la vigencia del vinculo familiar con el extranjero y que su residencia es el Peru.


In case of Cambio de Calidad Migratoria a Inmigrante por Familiar de Residente, the following requirement is no longer needed:

Requilito 5:
Acreditar solvencia económica mlnima de 10 un de renta neta anual de acuerdo a su calidad migratoria.


So, the minimum income requirement seems to be annulled for those who are married to a Peruvian national.

And, finally, if I got it correctly, there will be no Requisito 13: Evaluación escrita y entrevista personal for the foreigners who obtained their residence through marriage in case they wish to apply for Peruvian passport.


Not sure when this went into effect or indeed if it's already common knowledge, but I went to DIGEMIN today to do my TAE exoneracion and prorroga as a foreigner married to a Peruvian. I can confirm that at no stage was I required to present either a partida de matrimonio or a declaracion jurada.
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Re: New immigration law

Postby Danny55 » Fri Jan 29, 2016 9:09 pm

Huayruru wrote:Not sure when this went into effect or indeed if it's already common knowledge, but I went to DIGEMIN today to do my TAE exoneracion and prorroga as a foreigner married to a Peruvian. I can confirm that at no stage was I required to present either a partida de matrimonio or a declaracion jurada.


That's good news - thanks for sharing.
I am hanging on to do it online from the 6th Feb. Anything to avoid a trip to Breña :)
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Re: New immigration law

Postby Udo » Sat Jan 30, 2016 9:02 am

Here in Trujillo, Immigration told me to pay the TAE at Banco de la Nación first, and then, after Feb. 5, I would be able to use that receipt to register the payment online somehow, thus avoiding a trip. If anyone could post the relevant link...
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Re: New immigration law

Postby Danny55 » Mon Feb 01, 2016 4:36 pm

Here is the link

https://www.migraciones.gob.pe/index.ph ... nternet-2/

The exonerations allows those married to locals to not even have to pay the $20. But to avoid a trip to Breña is worth paying $20 so I may not look to hard even.
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Re: New immigration law

Postby jontul » Fri Feb 05, 2016 7:48 am

Based on the confusion noted here re: the changes to the immigration/residency laws, I want to retain a Peruvian lawyer who actually understands (or is willing to learn more about) how this will affect my Carnet status and what actions I do or do not need to take.

Does anyone here have personal experience with such an individual and could you provide that attorney's contact information?

Thanks in advance for your response.
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Re: New immigration law

Postby jhand8pp4 » Fri Feb 05, 2016 10:16 am

I think that what you will learn is that the confusion will continue until the visa regulations are published. At this point in time I doubt that anyone can advise you what the new regulations will say. If I am wrong please tell me.
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Re: New immigration law

Postby jontul » Fri Feb 05, 2016 10:23 am

You could be quite right. However, due to extenuating circumstances, I need to make some changes to my current Carnet status, and require a clear understanding of how to proceed. Hopefully, there is at least one attorney in this city of 10 million that is willing to earn a salary for accurate work.
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Re: New immigration law

Postby symby a wonk » Fri Feb 05, 2016 12:49 pm

After the 183 days, you cross the border and you get a new passport at the embassy of your country and a few days later you come back. In Peru, they have records of passport numbers. But if you get a new passport then you get a new passport number. So, no record of you ever been to Peru.
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Re: New immigration law

Postby fanning » Fri Feb 05, 2016 1:37 pm

symby a wonk wrote:After the 183 days, you cross the border and you get a new passport at the embassy of your country and a few days later you come back. In Peru, they have records of passport numbers. But if you get a new passport then you get a new passport number. So, no record of you ever been to Peru.


That is simply untrue. You can get a record of all your migratory movements in the main office in Breña, and there it will show ALL your movements, with any passport, even if you sometimes entered on different foreign passport and other times with a Peruvian passport. I suppose they link it also based on your name and birthdate.
For some tramites you actually need that record, and possibly correct errors in it when Migraciones recorded some entries or exits wrongly.
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Re: New immigration law

Postby SoNouveau » Fri Feb 05, 2016 4:00 pm

Sooooo, it's February. That's obvious.

I assume that the "situation" at the Arica/Tacna border is pretty much as it's always been? You sort of show up, ask for 180 days (if that's what you want), and then depending on the person you get and whether or not they're in a good mood. you either do or don't get the 180?

With new rules pending, I almost feel GUILTY, actually. (I KNOW I want to spend more than 180 days in Peru over this most recent 12 months.)

Here's my quick history ...

June - September 3 months in Peru (I came in at the Lima airport; it's been over a year since I was in Peru)

September Just a few nights in Arica (looking for an apartment)

September - December Another 3 months in Peru

So for the last 2 months (from December 14 to NOW), I've been living in Chile.

WHAT SHOULD I EXPECT when I go back into Peru at the Arica border in a week?!?!? That's my question.

I'll probably ask for 180 days, because that would be of benefit to me, but 90 would be "okay."

I suspect I'll be given a lecture, so to speak, told that if I went to LIVE in Peru that I should apply for resident status (!), and then be given a stamp for just 90 days. Does anyone agree with me? They won't turn me away, right!?!?!? I just can't see that happening. (I can post my experience here in about 10 days, once I arrive in Cajamarca and I'm settled--for folks who may be interested.)

Thoughts? Ideas? Suggestions?
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Re: New immigration law

Postby Huayruru » Mon Feb 08, 2016 1:55 pm

To follow up on my previous post, I went back to Brena this morning expecting to collect the prorraga sticker for my carne. On arrival I was surprised to be told they are no longer issuing this sticker. Instead, they told me that proof of the validity of a carne is provided via the DIGEMIN website, in the same way that (since last year) it provides proof of TAE payment.

It seems to me the implications of this change of process have not been properly thought through. Without prorraga stickers, carnes are going to look as though they have expired, because the current carne design is such that each new sticker placement shows the extension of the original expiry date. Without the stickers, anyone looking at a carne who is unaware of the new system will naturally think that the carne has expired.

This is similar to the problem with the TAE not being verified by stickers any more (discussion here: http://www.expatperu.com/expatforums/viewtopic.php?f=1&t=27322&p=141942&hilit=sticker#p141942) but I think it's worse, because in my experience officials are generally more interested in the expiry date on a carne than the proof of tax payment. As an example, when I flew from the UK back to Peru a month ago, on effectively a one way ticket, the airline were very careful to check the expiry on my carne. Supposing that happens again, with my carne that now lacks the prorraga sticker, what am I supposed to do? Direct them to the DIGEMIN website? Will they have web access from the check-in counter?! Will they be able to understand it, given that it's in Spanish?! What if the website's down?!

For me, the solution to this is for DIGEMIN to replace existing carnes with a new design which does not have spots for stickers that no longer exist. Before leaving DIGEMIN, I left a complaint to that effect in their libro de reclamaciones - I would recommend that anyone who shares these concerns do the same.
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Re: New immigration law

Postby jontul » Mon Feb 08, 2016 2:17 pm

I am still interested in retaining an immigration attorney who can learn enough about the new laws to assist me with some changes to my status. To clarify, I want to hire such a lawyer and am not asking for free advice or work. As requested before, if anyone here has personal experience with a reputable immigration attorney and can make a recommendation, it would be much appreciated.
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Re: New immigration law

Postby Udo » Tue Feb 09, 2016 11:10 am

Daniel Stirnimann
http://www.migracionesconsulting.com/#! ... alleryPage

He established my business, got me the CE, and is on track to get me permanent residency by this August.
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Re: New immigration law

Postby MikeSpec » Tue Feb 09, 2016 2:58 pm

Thanks for the information. Very usefull.
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Re: New immigration law

Postby jontul » Tue Feb 09, 2016 3:10 pm

Thank you for the referral, Udo. Much appreciated.
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Re: New immigration law

Postby Stem » Fri Feb 26, 2016 8:40 am

I had an American friend living here 10 months a year for the past 6 or 7 years and he bought an apartment in San Borja 3 years ago. He was refused re-entry to Peru tuesday because he over the limit and had to buy a 1 way ticket back to the US. He is blocked for the next 160 days from re-entry but could be as much as three years because of his history of overstaying his 183 days per year for a number of years. He will be informed within 6 to 8 weeks what the final judgement will be.
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Re: New immigration law

Postby Alpineprince » Fri Feb 26, 2016 1:22 pm

My best friend who has been living here for 20 years was just given 90 days earlier this week. He is now setting up a company here ( owns 5 rentals) and will get his CE soon total cost was $3,000.00.
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Re: New immigration law

Postby jhand8pp4 » Fri Feb 26, 2016 3:16 pm

This morning while walking on the sidewalk of a major street here in Tacna, I was confronted by a National Policeman. It shocked me because during the last two and a half years I have never been confronted by a policeman. I handed him my carnet and that was all he needed. After reading the two previous entries I realize the probable reason that I was stopped by the National Policeman.
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Re: New immigration law

Postby Polaron » Fri Feb 26, 2016 10:57 pm

Stem wrote:I had an American friend living here 10 months a year for the past 6 or 7 years and he bought an apartment in San Borja 3 years ago. He was refused re-entry to Peru tuesday because he over the limit and had to buy a 1 way ticket back to the US. He is blocked for the next 160 days from re-entry but could be as much as three years because of his history of overstaying his 183 days per year for a number of years. He will be informed within 6 to 8 weeks what the final judgement will be.


Can you say "mordida"? Sorry that's a Mexican term. Did your American friend think to ask the official if there was some way a solution could be worked out? That's a discreet way to offer a bribe but it sure beats the cost of a plane ticket. Of course I am not advocating breaking the law.
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Re: New immigration law

Postby asgp » Fri Jan 06, 2017 12:45 pm

There are news my friends...

It's out the Decreto Supremo N° 001-2017 and the Decreto Supremo N° 002-2017 :D

This is good and bad, cuts both ways.

The good news: If you have children born here in Peru or with peruvian father or mother you can apply for the PTP (permiso temporal de permanencia - 'temporary resident permit') It is issued for 1 year and it is automatially renewable... The paperwork is minium... That's a plus.

If you are venezuelan citizen (as myself) you are exonerated from any kind of over stay fee...

The bad news: the Decreto Supremo bassically says that this is like a response to an urge... Meaning (as I get it) that the new immigration law is far from being ready. :idea:

That's all folks
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Re: New immigration law

Postby asgp » Sat Jan 07, 2017 11:17 am

I have to swallow my own words... the new lay is out!!!


http://busquedas.elperuano.com.pe/norma ... 1471551-2/
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Re: New immigration law

Postby jhand8pp4 » Sat Jan 07, 2017 1:01 pm

The new law looks encouraging. However, I am still anxious about what the regulations will say. Since I have a Rentista Visa I am concerned whether the income requirements for a Rentista Visa will change and whether I have to reapply for a Rentista Visa. It looks like the wait is still not over.
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Re: New immigration law

Postby Rickdan » Sat Jan 14, 2017 11:53 am

Hi, all -

This information in this forum has been extremely helpful in navigating my personal situation. I just recently became aware of the new immigration law and work part-time in Peru on the tourist visa. Due to project funding, I've been forced to wait until May before having the opportunity to apply for a work visa associated with the project and, alternatively, have planned to marry a friend in order to stay in-country for the next 2-3 years.

Has anyone had experience border-crossing under the new law? My plan had been to travel to Lima and pay the fine for having overstayed my visa for a period of 69 days. From there I hoped to cross in Puno or Tacna and try to find a way to get another 6 months as I wait on these other visa options to come through. I would have to have "regular" migratory status in order to go be allowed to begin going through the tramites for a carne de extranjeria.

Is a prologa of 6 months at a border cross still a possibility? I know that the new law stipulates that no extensions may be given after 183 have been met within a 365 day window. Has anyone attempted this in 2017? If so, what were the results?

My biggest fear is of the new stipulation that it left to the discrepancy of migratory agents to prohibit anyone who has overstayed a visa from re-entry for up to 5 years. This would be catastrophic for my future professional / grad-school plans.

Thanks in advance for your thoughts and feedback.
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Re: New immigration law

Postby jumpinjack » Sat Jan 14, 2017 12:16 pm

If you intend to make Peru your home and get married, you really should consider looking for ways to do things above board. Probably good advice even if you do not intend to make Peru home or get married. Working illegally for years, spinning the border crossing roulette wheel and looking for ways to squeeze by the laws when the laws are being enforced more rigorously is not exactly above board.
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Re: New immigration law

Postby bigdaddy » Sat Jan 14, 2017 2:28 pm

" have planned to marry a friend in order to stay in-country for the next 2-3 years."

So you're going to commit marriage fraud in the hope of being able to stay in country?
Have you no morals?
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Re: New immigration law

Postby lomosaltado » Sun Jan 15, 2017 2:11 pm

Hello, all.

One question: Does anyone KNOW of a case of someone who was refused entry at Jorge Chavez airport due to the new immigration law? Someone who wasn't involved in criminal or otherwise questionable activity, whose only offense was excessive comings and goings, and who was simply turned away?

There are lots of rumors, both here and on other forums--the $5-per-day overstay fee being the most notorious--but what I'm looking for is HARD knowledge. In other words, no "I know a guy who knows a guy" stories, but confirmed accounts of folks being sent home.

There's one post to that effect in this thread from back in February, but that seems to have been the poster's only contribution, with no attempt at clarification. Anyone else have a similar anecdote?

Thanks in advance...
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Re: New immigration law

Postby 1231231231 » Sun Jan 22, 2017 10:51 am

I did a border-hop at 8 December at the Bolivia border,we would need multiple cases of deny/let in to be sure.

I Think we need to wait some months to see what is happening, I asked at the immigration office at Arequipa and they told me the immigration laws are usually enforced when they suspect the person in question of criminal activities.

And reports from people denied entry exist for years in low quantities and indeed from low post count or from some one who knows a friend, I expect there is more going on in those cases then we know.

In my experience they are more lax at the Lima airport then the borders.
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Re: New immigration law

Postby AmigoRikard » Wed May 03, 2017 1:30 am

No, so far none of my friends have been denied re-entry to Peru. One traveled to US in March and returned after three weeks without any problems. One person traveled to Argentina in March and left for a month. Little discussion when re-entry to Peru, but she could also come back.
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Re: New immigration law

Postby Malachi360 » Sat May 13, 2017 11:54 am

Help!!!! My email es [email protected]
I have all my documentation to get married and am ready.....the issue is....my tourist visa expires 21 may. Next week. Can I get married and pay the fines for the 2 weeks I will go over waiting on the plans for the ceremony or do I have to try a border hop???? Fast replies are thanked!! I am going to lima monday to the Ministery of extranjería to legaliza my certificate of soltero from the US embassy. Any advice on that one also? Whatsapp 991551188
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Re: New immigration law

Postby atpe » Wed Mar 28, 2018 4:20 pm

AmigoRikard wrote:No, so far none of my friends have been denied re-entry to Peru. One traveled to US in March and returned after three weeks without any problems. One person traveled to Argentina in March and left for a month. Little discussion when re-entry to Peru, but she could also come back.

your friends are lucky
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Re: New immigration law

Postby AmigoRikard » Wed Mar 28, 2018 4:42 pm

Well it's almost a year since I wrote that and now I think it's a lot harder to get six new months.
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Re: New immigration law

Postby mark7402 » Wed May 16, 2018 4:41 pm

atpe wrote:
AmigoRikard wrote:No, so far none of my friends have been denied re-entry to Peru. One traveled to US in March and returned after three weeks without any problems. One person traveled to Argentina in March and left for a month. Little discussion when re-entry to Peru, but she could also come back.

your friends are lucky


I just re-entered after my 2nd 3 year overstay....now that is lucky.
I wont be risking it again though...time to get married :)
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Re: New immigration law

Postby TLSbravo » Wed Jul 18, 2018 1:17 pm

After many years of lurking around this site, I registered so I could post my recent experience as relates to this topic.

First, a little background: I am a retired US citizen married to a Peruvian who is also a naturalized US citizen. In 2011, we purchased an apartment in Arequipa. Each year since then, we have traveled to Peru. We live 5 months in Arequipa and 7 months in California, USA.

Every year starting in 2012 when we travel to Peru we have requested a visa for a 183 day stay and until this year we had always been granted that request without any problems. This year we were told by the immigration officer that since we had previously been in Peru for 150 days within the previous 12 months he could only allow a 60 day visa. After a little begging on our part he relented and gave us 120 days. I didn't want to argue with him for the additional 30 days because I was afraid he'd take back the 120 and only give us 60. He stated that we'll have to pay the fine for the over stay upon leaving. He also suggested that my wife obtain her Peruvian passport. That's great for her but doesn't change anything for me.

According to the new law, If we want to continue to travel each year to Peru we can only get 90 days each year. Instead of using a calendar year the new law uses the previous 12 months. Its interesting that Peru allows foreigners to purchase and own property yet puts laws in place that limit the use of said property to only 90 days a year.

We are retired. We do not take anything away from any Peruvian. On the contrary, we add to the Peruvian economy. We do not want to live in Peru on a permanent basis. Five months a year is all we ask for and until this year it was never a problem. If 90 days a year is the maximum we can stay in Peru then owning property cannot be justified. The new law seems so counterproductive. What is Peru trying to prevent with this new law? Like many things in Peru, I just don't get it.

It has been suggested that I plead my case to someone in the Migraciones office. At the moment, I can't see that it will be productive. Yet I need to do something. When I figure it all out I'll post any results here.
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Re: New immigration law

Postby jumpinjack » Thu Jul 19, 2018 8:48 am

Ah, the age old justification, We add so much to the economy and deserve exception. The law is the law, Dude.
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Re: New immigration law

Postby TLSbravo » Thu Jul 19, 2018 9:51 am

Thanks jumpinjack.....That was very helpful.
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Re: New immigration law

Postby Slippin' Jimmy » Thu Jul 19, 2018 12:01 pm

"After a little begging on our part he relented and gave us 120 days"

Good to hear that Peru is trying to uphold the law but
the fact that he relented after your begging is a bit disconcerting.
My belief is there should be no exceptions.
69roadrunner
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Re: New immigration law

Postby 69roadrunner » Thu Jul 19, 2018 4:06 pm

TLSbravo wrote:After many years of lurking around this site, I registered so I could post my recent experience as relates to this topic.

First, a little background: I am a retired US citizen married to a Peruvian who is also a naturalized US citizen. In 2011, we purchased an apartment in Arequipa. Each year since then, we have traveled to Peru. We live 5 months in Arequipa and 7 months in California, USA.

Every year starting in 2012 when we travel to Peru we have requested a visa for a 183 day stay and until this year we had always been granted that request without any problems. This year we were told by the immigration officer that since we had previously been in Peru for 150 days within the previous 12 months he could only allow a 60 day visa. After a little begging on our part he relented and gave us 120 days. I didn't want to argue with him for the additional 30 days because I was afraid he'd take back the 120 and only give us 60. He stated that we'll have to pay the fine for the over stay upon leaving. He also suggested that my wife obtain her Peruvian passport. That's great for her but doesn't change anything for me.

According to the new law, If we want to continue to travel each year to Peru we can only get 90 days each year. Instead of using a calendar year the new law uses the previous 12 months. Its interesting that Peru allows foreigners to purchase and own property yet puts laws in place that limit the use of said property to only 90 days a year.

We are retired. We do not take anything away from any Peruvian. On the contrary, we add to the Peruvian economy. We do not want to live in Peru on a permanent basis. Five months a year is all we ask for and until this year it was never a problem. If 90 days a year is the maximum we can stay in Peru then owning property cannot be justified. The new law seems so counterproductive. What is Peru trying to prevent with this new law? Like many things in Peru, I just don't get it.

It has been suggested that I plead my case to someone in the Migraciones office. At the moment, I can't see that it will be productive. Yet I need to do something. When I figure it all out I'll post any results here.

Hi,
Any idea as to how long it will take for you to figure it out and report back to us? I am in the same boat. Urgently awaiting.
jumpinjack
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Re: New immigration law

Postby jumpinjack » Thu Jul 19, 2018 4:47 pm

TLSbravo wrote:Thanks jumpinjack.....That was very helpful.

You are welcome. Glad to help!!
You had no idea this was coming? That is a mis judgement on your part, I hope you can unload that property since you can only use it 3 months out of the year. Don't forget you had warnings on this board.

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