jhand8pp4 wrote:At the time, we were subject to Decreto Legistativo 1236 which was published in September, 2015. However, the regulations to the new law were never published. Under that law, the rentista visa was listed under the classification of Residente Provisional. Visas under that classification were valid for a maximum of two years. A person with a visa under Residente Provisional could apply for a visa Residente Permanente which would be a permanent visa.
Inasmuch as DL1236
was a still born attempt to reorganize the immigration law (now superseded by DL 1350
) it is a bit pointless to discuss it. However, you misunderstood its content. It did not place rentistas
in the temporary
category as you originally said. What it did was to create a new, two step, process for obtaining all
types of residential visas (including rentista
). In this process, by applying for rentista
for instance, you would first be granted "provisional residence" which, after a wait of two years, would turn into "permanent residence." Permanent residence was not, as you thought, a separate migratory status in itself (for which some application procedure would be necessary) but just the final stage of the resident
category (which included all the various residential visa types possible).
Fortunately, we seem to have been spared dealing with this unnecessary complication.
jhand8pp4 wrote:I checked the migraciones web site to see whether I was wrong about Rentistas needing form 1495 when they leave Peru on a trip. Under the heading, Aviso - Ciudadano Extranjero residente en el Peru it still says, "Para las calidades migratorias de; Trabajadores Residentes (WRA), Inversionista (IIA), Rentista (RXA), además de los requisitos generales, deberán presentar:
– Certificado de Rentas y Retenciones. (Formulario N°1492, 1692, 1494, 1495, según corresponda)"
As I said: it is important to understand what you read. The full context
is the following and it has been this way for a long time.
Estimado, ciudadano EXTRANJERO RESIDENTE EN EL PERÚ, se le comunica que para salir y reingresar al país con su misma calidad migratoria ésta deberá estar vigente y presentará los requisitos según lo señalado por el TUPA:
Para las calidades migratorias de: Familiar de Residente, Estudiante, Religioso:
– Documento de viaje vigente ( Pasaporte /o cédula de identidad, según corresponda)
– Residencia vigente ( Carné de Extranjería: Prórroga y Tasa Anual de Extranjería al día)
– Tarjeta Andina de Migración
Para las calidades migratorias de; Trabajadores Residentes (WRA), Inversionista (IIA), Rentista (RXA), además de los requisitos generales, deberán presentar:
– Certificado de Rentas y Retenciones. (Formulario N°1492, 1692, 1494, 1495, según corresponda)
The last part of that statement means that the listed migratory types, in order to leave and return to Peru, must (1) satisfy the general requirements (have a current travel document, a current CE, and a TAM [now obsolete]) and (2) present a "Form N°1492, 1692, 1494, 1495, as appropriate
." Various of those forms are appropriate for various other visa types but none of them is appropriate for the rentista
are prohibited from working for remuneration. So all rentistas
need to do is satisfy the general requirements; no form 1495 is necessary for rentistas
jhand8pp4 wrote:Form 1495 is basically an affidavit that says you have not worked while in Peru. The first time I had to present the form was in October of this year. I presented the form to the immigration officer at the airport and he had me sign it. He kept the form. I asked him whether it was absolutely necessary for me to present this form every time that I left the country since I had a rentista visa. He said that I could not leave the country without presenting it.
I have never supplied nor been asked for a form 1495. No rentista
I know has ever had to produce one.
Next time you leave don't offer to present the form or bring it up in any way and see if you are asked for it (you risk nothing by doing this test if you have one ready). You can report your experience to this thread. You are creating unnecessary complications for yourself and, more importantly, for other readers of this forum