Do I need to prolong Rentista every year?

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AmigoRikard
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Do I need to prolong Rentista every year?

Postby AmigoRikard » Wed Jan 04, 2017 11:56 am

​Hi I have a question to all of you that have a Rentista visa. I got my Rentista in January 2015 and on the card it says that it is for ever "Indefinido". If I understood migration worker right, so do I not need to "Prorroga" prolong Rentista every year.

So my question to you that have an Rentista is, how do you do? Just do nothing or do you contact migration in some way?
And after you got your Rentista, have you been able to travel out and in to Perú without any problem?​

/Saludos Rikard


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jhand8pp4
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Re: Do I need to prolong Rentista every year?

Postby jhand8pp4 » Thu Jan 05, 2017 2:17 pm

The answer to your question is complicated. I have had a Rentista visa for 3 years. I travel out of Peru twice a year. I have never had any problem entering or leaving the country. I do nothing to prolong my Rentista visa each yea, because as you mentioned on the back of the carnet it says indifindo in the squares for a Prorroga sticker. However, last year when I went to the provincial office here in Tacna, I was told that I had to pay my Tasa Annual de Extranjeria. Some forum members living in Lima said that the officer was wrong. This year I paid the tax again and went online to register the payment only to be told that with the Rentista Visa I was exonerated from paying it. The reason that the answer is complicated is that the law regarding visas such as ours changed in November, 2015. As I read the language of the law, Rentista Visas are in the group of temporary visas that are only good for two years and cannot be renewed. Those with a Temporary Visa would have to apply for a Resident Visa. The problem is twofold. They still have not published the regulations which will detail how the law affects us and how to apply for a Resident Visa. Also, there is the question whether or not under the law we are grandfathered in since we had our Rentista Visas before they changed the law. If we are grandfathered in, then we should never have any worries about our Rentista Visas. However, do not forget to take your Form 1495 with you when you leave the Country to show that you did not work while in Peru.
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Re: Do I need to prolong Rentista every year?

Postby AmigoRikard » Thu Jan 05, 2017 2:39 pm

Wow! Yeah that sounds complicated and uncertain. Thanks for your reply.
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craig
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Re: Do I need to prolong Rentista every year?

Postby craig » Sat Jan 14, 2017 10:26 pm

Rentistas are exempt from the tasa anual. The latest information I have is that they do not need to do anything about this exemption and this has generally been the case for a long time.

However, a few years ago there was a period of about a year when Migraciones changed this policy and asked rentistas to make an application for the exemption and get a sticker even tho they did not have to do or pay anything for the formality. Migraciones even sent out notices to some rentistas who had never done a renewal tramite asking them to come in and do it.

The rationale for this is that there are other categories of residents who are exempt from the tasa anual who have to renew their residence and get a sticker every year because they have to present documents establishing that they are still entitled to it. Even though this is NOT the case for rentistas, Migraciones apparently decided to treat all exempt residents the same (otherwise they would have to have a slightly more complicated program in their computers) and started asking rentistas to come in and get a sticker like the others even tho there was no reason for them to do so.

However, after doing this for one year Migraciones realized that this was completely pointless and changed their mind again. The next year when I went in to do it they told me I didn't have to do the renewal anymore, that Migraciones would "do it for me" automatically. This rare bit of sanity is the last I know about it.

jhand8pp4 wrote:As I read the language of the law, Rentista Visas are in the group of temporary visas that are only good for two years and cannot be renewed. Those with a Temporary Visa would have to apply for a Resident Visa

This is a complete misreading/mistranslation of the law. Rentistas are NOT temporary visas. They are not limited to two years. They are permanent resident visas. They are not subject to any renewal requirements.

You need to read and understand all the words. For example, when the words "as required" are appended to a provision and the rentista visa has no such requirement then the provision does not apply to rentistas.

jhand8pp4 wrote:However, do not forget to take your Form 1495 with you when you leave the Country to show that you did not work while in Peru.

In particular, there is no requirement for rentistas to submit Form 1495 when leaving the country. Rentistas are prohibited from working in Peru so they do not need to prove they did no work.
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Re: Do I need to prolong Rentista every year?

Postby jhand8pp4 » Sun Jan 15, 2017 12:19 pm

I appreciate Craig point out some errors that I made in a post on this topic on January 4th. 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. However, there were never any regulations published which gave the requirements to apply for Residente Permanente status. This year on January 6th, two days after I made the post, Decreto Legislativo 1350 was published which modified the Decreto Legislativo 1236. Under this new law Rentista Visas are again made a permanent type of visa. Of course there is the argument that Rentista Visas issued before the date of the Decreto Legislativo 1236 may have been grandfathered in as permanent visas.

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)" 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.
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Re: Do I need to prolong Rentista every year?

Postby 69roadrunner » Sun Jan 15, 2017 12:36 pm

Who's on first?
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craig
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Re: Do I need to prolong Rentista every year?

Postby craig » Sun Jan 15, 2017 2:42 pm

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:

Generales:

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 since rentistas 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.
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