New immigration law

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fanning
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New immigration law

Postby fanning » Sat Sep 26, 2015 1:44 pm

A new immigration law has been published in 'El Peruano'.
DECRETO LEGISLATIVO Nº 1236
El Peruano or PDF

The thing of interest for the border hoppers would be article 59, were the maximum stay of a Tourist visa is defined as ' Hasta 183 días
acumulables en un periodo de 365 días'
In law before this law, it was simply putted as ' Hasta 183 días'

But now the law is more clear, and really LIMITS it to 183 days in any 365 period.
Last edited by fanning on Sat Sep 26, 2015 4:08 pm, edited 1 time in total.


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Re: New immigration law

Postby AmigoRikard » Sat Sep 26, 2015 2:24 pm

Wow, that was many rules around this. From when will the new law apply?
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Re: New immigration law

Postby fanning » Sat Sep 26, 2015 2:47 pm

In the law it says something that it will become in action in 90 days from publication, roughly around january 2016.
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Re: New immigration law

Postby teamoperu » Sat Sep 26, 2015 3:22 pm

Wow. No real impact for me, but I can see it will be for others. Sort of lines up with what other countries do. (As with most laws there is often some way to play with it a bit.)
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Re: New immigration law

Postby amigorick » Sun Sep 27, 2015 11:23 am

Here's the excerpt of the law as quoted from #562292 NORMAS LEGALES, Sábado 26 de setiembre de 2015 / El Peruano, and Google translation.

CALIDAD MIGRATORIA: Turismo (V5)

DESCRIPCIÓN: Para el extranjero que ingresa al territorio nacional con el único propósito de realizar visitas turísticas, de ocio, salud, de recreación o similares. No le permite trabajar ni realizar actividades remuneradas ni lucrativas, sea por cuenta propia o en relación de dependencia o designado o contratado por tercero o bajo alguna otra variante.

COMPETENCIA: MRE

MÚLTIPLES ENTRADAS: Si

PLAZO DE PERMANENCIA: Hasta 183 días acumulables en un periodo de 365 días

PRÓRROGA: No

Google Translation:

Quoted from: 562 292 LAWS, Saturday 26 September 2015 / El Peruano

IMMIGATION STATUS: Tourism (V5)

DESCRIPTION: To the foreigner who enters the country with the sole purpose of sightseeing, leisure, health, recreation or similar. Unable to work or engage in gainful activity or profit, whether on their own or as an employee or appointed or employed by or under any other third variant.

COMPETENCE: MRE

MULTIPLE ENTRIES: Yes

LENGTH OF STAY: Up to 183 days accumulated over a period of 365 days

EXTENSION: No
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Re: New immigration law

Postby Andywalters » Sun Sep 27, 2015 12:30 pm

hmmm, not great timing, I am due to hop next week, does anyone think I may have problems at the Chile border? It wont be a problem longterm for me as my gf and I are getting married next year but I need time to organize it!
So far I have spent a total of 151 days here (a bit in Jan, a bit in Mar and my current 183 day visa) but my visa expires 4 Dec but just thought i´d get the hop done sooner rather than later.
Any feedback would be appreciated!
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Re: New immigration law

Postby amigorick » Sun Sep 27, 2015 12:58 pm

I don't think that it would affect a hop in 2015 as folks think it with be effective People Jan 1, 2016. But if enforced as written, at the time that you enter Peru in 2016, Migracciones will look over the past 365 days. You would only be eligible for 183 days minus any days spent here within that time. Maximum would be 183 days en any rolling 365 day period (not calendar year). This will affect many of us.
Last edited by amigorick on Tue Sep 29, 2015 6:57 pm, edited 1 time in total.
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Re: New immigration law

Postby mammamia » Mon Sep 28, 2015 5:57 pm

fanning wrote:
But now the law is more clear, and really LIMITS it to 183 days in any 365 period.



Indeed, it sounds more clear now, especially, in the part where it mentions the inalienable right of an individual (a foreigner in this case) to re-unite with his Peruvian family. That right was not listed in the old immigration law which fact led to numerous cases of denials of resident visas to some foreigners married to Peruvians (a couple of instances of this kind have been discussed in the forum before). Hopefully, the new law will reduce the number of such lamentable cases when those foreigners married to Peruvian nationals had been refused visas or even deported for some minor violations of the immigration procedures.
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Re: New immigration law

Postby chante » Mon Sep 28, 2015 7:02 pm

Ok - let's see if I understand this. We're Canadian snowbirds who come to Peru every January to April, no problem under the old rule of 183 days in a calendar year as we come January to April. But, under the new law when we come again in January we have been in Peru 4 months or 118 days (since January 2015) so we would only get 65 days, is this correct? Really frustrating and maybe we need to check out other countries that retain the 183 days in a calendar year law.
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Re: New immigration law

Postby teamoperu » Tue Sep 29, 2015 3:14 am

chante wrote:Ok - let's see if I understand this. We're Canadian snowbirds who come to Peru every January to April, no problem under the old rule of 183 days in a calendar year as we come January to April. But, under the new law when we come again in January we have been in Peru 4 months or 118 days (since January 2015) so we would only get 65 days, is this correct? Really frustrating and maybe we need to check out other countries that retain the 183 days in a calendar year law.


That's a fun one. Of course, every day you stay in the second January means resetting the start clock hence one less day in the first January - meaning you will never exceed 118 days, no?
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Re: New immigration law

Postby JanD » Wed Sep 30, 2015 10:06 am

A practical problem. Normally airlines check whether a traveler has all the necessary papers before being allowed on a plane. But what will happen in this case?
As I think the airline cannot check whether a traveler already stayed 183 days in Peru during the previous 365 days, the traveler will be allowed on board of the plane. But when arriving at Jorge Chaves is denied access to the country.
what will happen then?
But apart from this practical problem, this indeed has serious consequences for quite a lot of people, already living here for years on a tourist visa!
What practical options do they have?
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Re: New immigration law

Postby Sergio Bernales » Wed Sep 30, 2015 11:09 am

JanD wrote:this indeed has serious consequences for quite a lot of people, already living here for years on a tourist visa!
What practical options do they have?


Yes, good point, as it could be very difficult for those who live here with their partner and would like to obtain a carnet via marriage but are unable, either because their partner is separated and is unable to divorce, or if their partner is gay. As far as I can see, their only choice would be to break the law and overstay their tourist visa and pay the $1 a day fine when they leave the country. That won't change. However, as Jan points out, the big question is - what happens when they try to return? Sent back on the next plane?
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Re: New immigration law

Postby AmigoRikard » Wed Sep 30, 2015 11:20 am

That was something I also wonder about.

If you stay in Perú longer than the visa is valid, so one can always pay a penalty of $ 1 / day. Can one be "punished" in some more ways? Let's say you have been in the country three years after the visa expired, and want to travel out and then back again after a month. Okay you pay the penalty fee, can you for example have difficult to enter to Peru again?
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Re: New immigration law

Postby fanning » Wed Sep 30, 2015 11:24 am

This is the new law. But in some months will be published the 'Reglamento'
In that reglamento will be in more detail the new rules explained.
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Re: New immigration law

Postby JJG1133 » Thu Oct 01, 2015 2:51 pm

Agree or disagree? Not sure, but I would think it would stop Peru from making A LOT of money. Not only for people paying the overstay fine, but from all of the people that most have disposable income and pay rent, eat at restaurants, travel throughout the country, etc spending money! It will be interesting to see when the law is more "defined".
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Re: New immigration law

Postby craig » Thu Oct 01, 2015 5:13 pm

I looked over the new law and noted the following items.

It appears that they have changed terminology. What was residente permanente is now residente provisional. What was inmigrante (which I never understood) is now residente permanente. I could be wrong about this.

Safe conduct for travel by stateless persons.
Artículo 27.- Salvoconductos para Extranjeros Es potestad del Estado peruano expedir salvoconducto para los extranjeros que se encuentren en el territorio nacional, en condición de apátridas, indocumentados o por razones humanitarias, que no cuenten con representación ni protección diplomática o consular en el país, otorgamiento que se efectúa de acuerdo con las normas o los instrumentos internacionales de los que el Perú es parte. La expedición de este salvoconducto está a cargo de MIGRACIONES.

Loss of residence for absence
58.1. Los extranjeros en la calidad migratoria de residentes provisionales pierden su calidad y categoría migratorias si el periodo de ausencia del territorio nacional es mayor a los ciento ochenta y tres (183) días consecutivos.

It appears you lose residence only if you are absent for 6 consecutive months, not for 6 months accumulated in any 12. I am not sure if this is a change or I just was mistaken in thinking it was the later.

A new type of resident visa.
Los Extranjeros altamente calificados: Aquellos extranjeros que cuentan con conocimiento o experiencia específica, altamente calificados, conforme a los criterios aprobados por el Estado peruano.

It will be interesting to see what the regulations turn out to be to qualify for this.
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Re: New immigration law

Postby JJG1133 » Fri Oct 02, 2015 10:43 am

Does anyone have a reference where you can print out existing law and new law?
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Re: New immigration law

Postby gringito » Sat Oct 03, 2015 8:56 pm

Several aspects of the new PEruvian Immigration Law D.L. 1236 have already been discussed, in particular with respect to the tourist visa.

Therefore, in the following, I will explain some other interesting aspects of the new law:

ONLY TWO TYPES OF RESIDENT VISAS
According to the new law, there will only be 2 types of resident visas:

1)
Residente Provisional
This visa is limited to 2 years and can NOT be extended.

2)
Residente Permanente
This is an unlimited residence permit.
You can apply for this type of visa after a stay of at least 21 month as residente provisional.

If you intend to stay in Peru as a resident longer than 2 years you MUST apply for Residente Permanente since the migratory status Residente Provisional can NOT be extended.

This MAY become a trap!
Why? If you cannot fulfil the requirements for the Residente Permanente you may have to leave Peru or become an illegal resident.
Unfortunately, the regulations for the law are not yet published.
Therefore, we do not know what precisely the requirements for the Residente Permanente will be.

If (…) the Residencia Permanente will require, for example, a certain minimum amount of monthly income, for example 3500,- Soles per month, several foreigners, including foreign spouses of Peruvian citizens, may not be able to fulfil this requirement and “fall into the trap”.


TIGHTENING UP THE REGULATIONS
Under the new law foreigners with an irregular migratory status may be expulsed or ordered to leave the country. In the first case you will not be allowed to return to Peru for 10 years, in the latter case not for 5 years!

On the other hand the new law stipulates that Peru will not criminalize foreigners with an irregular migratory status and provides the possibility to regulated the irregular migration status (Article 61). Considering the strict measures implemented by the new law there appear to be, however, some contradictions within the new law (see for example also Article 69).

EQUAL OPPORTUNITIES AND WORKING CONDITIONS?
In Article 8 the new law offers equal opportunities for foreigners regarding working conditions.
We have to ask ourselves if this includes prescinding from the discriminating quota regulation for foreign workers and/or from the current discrimination tax regulations.

SPECIAL OPPORTUNITIES AND ADVANTAGES FOR CIVIL UNION
Under the new law foreign partners of a Peruvian-foreign civil union (union de hecho) will be considered as family members of the Peruvian partner, forming a so called “unidad migratoria”, and will have the opportunity to obtain a family visa!
However, this option is not available for partners having the same gender!
Under Peruvian law a civil union is established when both partners live together for at least 2 years. If one of the partners is still married this is NOT considered as a civil union.
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Re: New immigration law

Postby vallepm » Mon Oct 05, 2015 4:24 pm

Wait, people care about this? Like you guys are presumably North American (Europeans are more well traveled so they have higher expectations and a tendency to pick someplace more livable than Perú, no offense). I love this country, and have lived here for close to 12 years, but seriously, is it worth sacrificing your career and everything else for people that are your friends or lovers simply because you are the" gringo?" Because at the end of the day, 99% of Peruvians would not date or be seen with you if you were just another paisano. Cheers. -Matteo
Last edited by vallepm on Mon Oct 05, 2015 9:32 pm, edited 1 time in total.
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Re: New immigration law

Postby sublimeperu » Mon Oct 05, 2015 5:52 pm

wow, that puts me in a very interesting position as I've been here now for 2 years on a tourist visa and due to renew on the 1st of January. I've been thinking of marrying my Peruvian boyfriend but I guess this makes things very black and white now. If we don't get all the papers sorted in time, does that mean that I'm going to have to leave Peru do you think? Will they be that strict with someone in the process of becoming a resident? Abit worried presently about how this is going to work!!
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Re: New immigration law

Postby sublimeperu » Tue Oct 06, 2015 9:09 am

I'm guessing I can't stay here until i have residency even if we're married!??
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Re: New immigration law

Postby mammamia » Tue Oct 06, 2015 12:07 pm

gringito wrote:
If (…) the Residencia Permanente will require, for example, a certain minimum amount of monthly income, for example 3500,- Soles per month, several foreigners, including foreign spouses of Peruvian citizens, may not be able to fulfil this requirement and “fall into the trap”.


I don't think they will implement that regulation for foreign spouses of Peruvian citizens. That doesn't make sense. Just like you said, many foreigners wouldn't be able to fulfill the income requirement but that doesn't mean they would have to leave the country and their loved ones just because they earn less than $3500 a month. Probably, the minimum income requirement will apply to holders of other types of immigrant visas (rentistas, investors, etc.) but not to familiares de Peruanos. On the contrary, the familiares will only benefit from the new law: no headache renewing the carnet annually, no TAE stickers, etc...

Más beneficios:

De la misma manera, la norma establece la prórroga anual migratoria, es decir, facilita al familiar residente una residencia provisional por dos años, que al mes 21 puede cambiar a permanente si la solicita.

"Antes, el familiar extranjero tenía que renovar y prorrogar su calidad migratoria de familiar residente cada año, ahora ya no", refirió. Vignolo aclaró que esta norma se implementará por etapas y que entrará en vigencia por partes.
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Re: New immigration law

Postby JJG1133 » Tue Oct 06, 2015 11:24 pm

vallepm wrote:Wait, people care about this? Like you guys are presumably North American (Europeans are more well traveled so they have higher expectations and a tendency to pick someplace more livable than Perú, no offense). I love this country, and have lived here for close to 12 years, but seriously, is it worth sacrificing your career and everything else for people that are your friends or lovers simply because you are the" gringo?" Because at the end of the day, 99% of Peruvians would not date or be seen with you if you were just another paisano. Cheers. -Matteo


Idiotic comment... Depending on how you value your true friendships or lovers (I'm assuming you mean long term girlfriends or wives) then yes it's worth it, and yes it's worth caring about. Remember not all North Americans or Europeans have the same views as what you think. Just as not all Peruvians are the same. I think you're a little bit upset because 99% of Peruvians wouldn't date you! But the reason that other nationalities are appealing to them is because it's a fact we treat women better than you do. Cheers to you too.
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Re: New immigration law

Postby vallepm » Wed Oct 07, 2015 9:44 am

JJG1133 wrote:
vallepm wrote:Wait, people care about this? Like you guys are presumably North American (Europeans are more well traveled so they have higher expectations and a tendency to pick someplace more livable than Perú, no offense). I love this country, and have lived here for close to 12 years, but seriously, is it worth sacrificing your career and everything else for people that are your friends or lovers simply because you are the" gringo?" Because at the end of the day, 99% of Peruvians would not date or be seen with you if you were just another paisano. Cheers. -Matteo


Idiotic comment... Depending on how you value your true friendships or lovers (I'm assuming you mean long term girlfriends or wives) then yes it's worth it, and yes it's worth caring about. Remember not all North Americans or Europeans have the same views as what you think. Just as not all Peruvians are the same. I think you're a little bit upset because 99% of Peruvians wouldn't date you! But the reason that other nationalities are appealing to them is because it's a fact we treat women better than you do. Cheers to you too.


I am simply sharing my experiences, friend. I am obviously not Peruvian, rendering your comment non sequitur. However, I do know people here and elsewhere - very well - and have lived in several countries from East Africa, and Europe, to South, Central and North America, perhaps even your home state. And honestly, I have never had so many people lie to me, turn their back on me, and try to rip me off, as in Perú. If you unable to perceive this, you are probably either still a newbie or have limited Spanish. As far as "99% of Peruvians wanting to date me," my wife is from Nicaragua and she is pretty stunning, however, when I was single living in Lima I would date either Colombians or pretty much anything other than a woman with the figure of sponge bob that lives with her parents until she gets married. I would like to point out, Peruvian women are not much of a challenge at any rate. My point from which we have derailed, was; that is seems ironic to see foreigners wanting to do anything (even going to the extent of marrying a local) to stay in Perú. There are so many countries that offer a better quality of life, where they actually facilitate and appreciate foreigners contributing to their society and economy, i.e. Brazil, Costa Rica, Argentina, Singapore, France, England, as well as the rest of the EU, just to name a few. It is easy to just get by and even live nice in Peru, if you seriously don't consider other countries, maybe you should work on your résumé, and apply for a work visa to a country where you actually need one....after all Peru is a gorgeous country and great place to travel or just be complacent while people will change you for the worse. Again, you seem new here, it took me years to truly understand the things about people here that one cannot overnight. Just give it time.

Sidetone: if you really think Peruvians are faithful to their partners, to quote one of many friends miserably married to a Peruvian, "just check their whatsapp."

Cheers,

-Matteo
Last edited by vallepm on Fri Oct 30, 2015 11:58 am, edited 1 time in total.
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Re: New immigration law

Postby adrian Thorne » Wed Oct 07, 2015 10:32 am

Sorry to be a curse to you all. Can we please go back to the topic. Side issues can be discussed in a sepeperate thread.
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Re: New immigration law

Postby TShadow » Wed Oct 07, 2015 6:05 pm

mammamia wrote:
gringito wrote:
If (…) the Residencia Permanente will require, for example, a certain minimum amount of monthly income, for example 3500,- Soles per month, several foreigners, including foreign spouses of Peruvian citizens, may not be able to fulfil this requirement and “fall into the trap”.


I don't think they will implement that regulation for foreign spouses of Peruvian citizens. That doesn't make sense. Just like you said, many foreigners wouldn't be able to fulfill the income requirement but that doesn't mean they would have to leave the country and their loved ones just because they earn less than $3500 a month. Probably, the minimum income requirement will apply to holders of other types of immigrant visas (rentistas, investors, etc.) but not to familiares de Peruanos. On the contrary, the familiares will only benefit from the new law: no headache renewing the carnet annually, no TAE stickers, etc...

Más beneficios:

De la misma manera, la norma establece la prórroga anual migratoria, es decir, facilita al familiar residente una residencia provisional por dos años, que al mes 21 puede cambiar a permanente si la solicita.

"Antes, el familiar extranjero tenía que renovar y prorrogar su calidad migratoria de familiar residente cada año, ahora ya no", refirió. Vignolo aclaró que esta norma se implementará por etapas y que entrará en vigencia por partes.



Agree with your thinking, but I also don't forget that we're in Peru where things very often are working out differently.

What is for sure however is that until the new TUPA 2016 will be issued, we are only speculating about the requirements.
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Re: New immigration law

Postby mammamia » Wed Oct 07, 2015 6:57 pm

TShadow wrote:

Agree with your thinking, but I also don't forget that we're in Peru where things very often are working out differently.

What is for sure however is that until the new TUPA 2016 will be issued, we are only speculating about the requirements.


Yes, Peruvian state legislature is as unpredictable as the weather, especially under Umala who, according to one of the posters seeking Peruvian citizenship, has signed only two naturalization certificates since 2011. But if I understand the new law correctly they're going to grant residence status even to civil partners of Peruvian citizens. Why make things harder for spouses then? Doesn't make sense to me. But, again, the best way to avoid disappointment is to not expect anything from anyone, especially, in countries like Peru.
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Re: New immigration law

Postby vivaperusurf » Mon Oct 12, 2015 6:29 pm

I am sure my input is of little value here, but been here happily for more than a few years now, and not even slightly worried about any new immigration laws, unless they stop accepting dollars at the borders. :mrgreen:
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Re: New immigration law

Postby gringito » Tue Oct 20, 2015 8:53 pm

mammamia wrote:
gringito wrote:
If (…) the Residencia Permanente will require, for example, a certain minimum amount of monthly income, for example 3500,- Soles per month, several foreigners, including foreign spouses of Peruvian citizens, may not be able to fulfil this requirement and “fall into the trap”.


I don't think they will implement that regulation for foreign spouses of Peruvian citizens. That doesn't make sense. Just like you said, many foreigners wouldn't be able to fulfill the income requirement but that doesn't mean they would have to leave the country and their loved ones just because they earn less than $3500 a month. Probably, the minimum income requirement will apply to holders of other types of immigrant visas (rentistas, investors, etc.) but not to familiares de Peruanos. On the contrary, the familiares will only benefit from the new law: no headache renewing the carnet annually, no TAE stickers, etc...


Unfortunately, the 3000 and something Soles are the status quo.
There are MANY regulations that do not only contradict common sense but also infringe basic rights of foreigners here in Peru.
I will be gratefull IF the new regulations for the new law, i.e.the TUPA 2016, would abolish the so called minimum salary requirement... but I would like to see this first...
MIGRACIONES, which will elaborate the new TUPA, employs SOME lawyers...but what I have seen during the last years was sometimes far away from any legal common sense.
We have to wait.
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Re: New immigration law

Postby Nemoshark » Wed Oct 21, 2015 6:11 pm

[/quote]
Unfortunately, the 3000 and something Soles are the status quo.
There are MANY regulations that do not only contradict common sense but also infringe basic rights of foreigners here in Peru.
I will be gratefull IF the new regulations for the new law, i.e.the TUPA 2016, would abolish the so called minimum salary requirement... but I would like to see this first...
MIGRACIONES, which will elaborate the new TUPA, employs SOME lawyers...but what I have seen during the last years was sometimes far away from any legal common sense.
We have to wait.[/quote]

I can see a lucrative market for employers with this new minimum salary income threshold. Job seekers will likely end up paying their future employer a "special fee" to falsify the contract to state they'll be paid S/.3,500 per month to meet immigration requirements, even though the person will realistically receive about S/.1,500 for example.
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Re: New immigration law

Postby fanning » Wed Oct 21, 2015 9:03 pm

What a NONSENSE
If you want to legally proof you paid anything as an employer, the only way would be by using something 'bancarizada' ( like a cheque NO NEGOCIABLE or a transfer to an account of your employee ). Also you need to use Plame and Sunat to show the payments made, including payments to ONP/AFP and EsSalud.
Also you can only pay 30 % of your salary to foreigners etc. etc.

You are just speculating
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Re: New immigration law

Postby fanning » Wed Oct 21, 2015 9:09 pm

For the moment I will use contracts with an FINAL date the date that their CE will expire.
In the case that they cannot produce a valid Proggora, there is no other way than to NOT to extend their contracts.

Not because I don't want, because the employee works good, bit simply because Peruvian law prohibits me, and the fines and legal problems outweighs continuing a contract with a foreigner who cannot maintain its legal status. Be it because of some ridiculous law. or because the foreigner could not do its tramite in time.
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Re: New immigration law

Postby Alan » Thu Oct 22, 2015 7:10 am

fanning wrote:What a NONSENSE
If you want to legally proof you paid anything as an employer, the only way would be by using something 'bancarizada' ( like a cheque NO NEGOCIABLE or a transfer to an account of your employee ). Also you need to use Plame and Sunat to show the payments made, including payments to ONP/AFP and EsSalud.
Also you can only pay 30 % of your salary to foreigners etc. etc.

You are just speculating



I was told by SUNAFIL recently that the proof they value the most is a signed boleta de pago.
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Re: New immigration law

Postby fanning » Thu Oct 22, 2015 9:49 am

Alan wrote:I was told by SUNAFIL recently that the proof they value the most is a signed boleta de pago.


A boleta de pago WITH the numero de orden printed on it. That numero de orden is a number which PLAME generates at the moment you present it.
So in that way the company also paid EsSalud, ONP/AFP, Renta 5ta etc.

And amounts over US$ 1000 or S/. 3500 always have to be paid using 'bancarizacion'
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Re: New immigration law

Postby mammamia » Tue Oct 27, 2015 12:39 pm

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.
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Re: New immigration law

Postby kynetik » Thu Oct 29, 2015 11:54 am

This new law is scary! I've been in Peru for 8 years as a tourist, and I have not earned money in that time.

What does it mean for property owners?

I was about to buy a small farm in Madre de Dios!

I am also in a 4 year PhD based at a London university and had planned my research in Peru as I had way more problems in Bolivia. (I was working in Bolivia, and tried to do it legally but got ripped off and conned by the Bolivian Embassy in England! When I arrived in la Paz they told me the visa I had paid for did not exist?!)

Now I will not be able to do my field work!?
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Re: New immigration law

Postby iddriscoll » Mon Nov 02, 2015 11:53 am

So I've been in and out of Peru over the last few years, and have lived in Arequipa, Cusco, and I'm presently living in Pucallpa. My visa of 183 days is due to expire on Nov 27th, and it's been a while since I had to look into border hopping. I have a couple of questions, and if anyone can help me, I'd appreciate it immensely:

1. If I overstay my visa until May of next year, will they bar me from entering the country for 5-10 years after that point?

2. If I wanted to make a border run now, in order to (hopefully) get another 183 days, would I be affected by this new law?

3. Are we sure that it's still $1/day to overstay? I've been hearing a lot of rumors from expats on the ground about a possible hike to $5/day.

4. Is there any way to simply renew your visa at immigraciones, rather than go through the ordeal of the border hop? I'm almost certain this is a stupid question, and I wouldn't even ask it were it not for the fact that Pucallpa (unlike Cusco and Arequipa) is not at all conveniently located near an easily crossed border.

If someone can shed some light on the above, I would be incredibly grateful. Thank you so much!
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Re: New immigration law

Postby Polaron » Thu Nov 19, 2015 5:25 pm

I have just come across some second-hand information, and so I wish to state from the start that there are no guarantees here. This is the situation. A friend of mine lives in Peru is a tourist - he's been here for 7 or 8 years - and he travels abroad once every two weeks. I mentioned to him what I had read here, and he went to a Peruvian attorney (who at the moment is in Miami, FL). Here is what the attorney says:

1. The law has always been to limit tourists to 183 days per year; this has not changed. In practice, according to my friend who quoted the lawyer, it is usually not enforced.

2. The whole purpose of the new regulations is to streamline the immigration process, eliminating steps and paperwork.

When my friend returns, I am going to ask him to put me in touch with this lawyer. My friend says he is trustworthy and skilled, so for right now, I am just taking his word for it.

Personally, I am going to apply for a rentista visa. According to what my friend says, they are relatively easy to get, and if you have one for two years and do not run afoul of the law or regulations, it can be made permanent.

Sorry for all the qualifying of this post, but I thought it might add to the discussion. Perhaps things won't go as far south as most of us fear.
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Re: New immigration law

Postby halcónmarino » Fri Nov 27, 2015 12:35 pm

I'm wondering about this too...my 183 days ran out in October. At this point it seems best if I wait until the last few days of December to do a border hop, coming back in the first days of January. Does anyone know if the days I was already here will be counted when I re-enter, or is it a clean slate starting from the day the new law is in effect? Also I'm married to a peruvian citizen and we have a son together, but I've never applied for the carnet. Will that process still be the same?
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Re: New immigration law

Postby rgbjr » Fri Nov 27, 2015 10:18 pm

Polaron I also would be interested in the lawyers name and contact information. I a lawyer I can speak to in english. I want to check out becoming a citizen. What tare the pitfalls and so on.
Thank you
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Re: New immigration law

Postby Polaron » Fri Nov 27, 2015 11:08 pm

Bobby I will keep you posted as soon as I have additional info. :)
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Re: New immigration law

Postby rgbjr » Sat Nov 28, 2015 7:09 am

Thank you
Bobby :D
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Re: New immigration law

Postby chante » Sat Nov 28, 2015 5:02 pm

Does anyone have the rentista visa and know the steps for getting one?
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Re: New immigration law

Postby AmigoRikard » Sun Nov 29, 2015 10:23 am

Hi Chante, I recently get my Rentista application approved and within a couple of weeks I will post a thread here about my way to Rentista.
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Re: New immigration law

Postby chante » Sun Nov 29, 2015 12:45 pm

Great, looking forward to the info.
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Re: New immigration law

Postby jnehlig » Wed Dec 09, 2015 8:19 am

I am planning on moving to Peru to look for work as an EFL teacher. One of the reasons I had chosen Peru is because it seemed easy to just come and work illegally on a tourist visa. Does anyone think that the new law will change this? Would employers still hire you if they knew that you would only be able to stay in the country for 6 months?
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Re: New immigration law

Postby AncientAlien » Wed Dec 09, 2015 10:51 am

jnehlig wrote:I am planning on moving to Peru to look for work as an EFL teacher. One of the reasons I had chosen Peru is because it seemed easy to just come and work illegally on a tourist visa. Does anyone think that the new law will change this? Would employers still hire you if they knew that you would only be able to stay in the country for 6 months?


lol, no, it wont change that dont worry.
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Re: New immigration law

Postby adrian Thorne » Wed Dec 09, 2015 6:42 pm

AncientAlien wrote:lol, no, it wont change that dont worry.


More than a little optimistic I think. Nobody here knows the answer.
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Re: New immigration law

Postby Andywalters » Thu Dec 10, 2015 8:08 am

I can tell you that I just got back from a border hop to Chile. Firstly found out the hard way that you´re not supposed to get a taxi to the border, only collectivos or buses. Secondly, I had no problems, I had used all 183 days this year up until 3 Dec but after looking at me with a wry smile and me explaining that I needed it to apply for a permanent visa now that I am married (which is true but he didn´t know that) he asked me ´how many days´ I asked for 60, stamp done, chau!
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Re: New immigration law

Postby Polaron » Thu Dec 10, 2015 9:51 am

Andywalters wrote:I can tell you that I just got back from a border hop to Chile. Firstly found out the hard way that you´re not supposed to get a taxi to the border, only collectivos or buses. Secondly, I had no problems, I had used all 183 days this year up until 3 Dec but after looking at me with a wry smile and me explaining that I needed it to apply for a permanent visa now that I am married (which is true but he didn´t know that) he asked me ´how many days´ I asked for 60, stamp done, chau!


That's interesting. Course, the new law supposedly does not take effect until January 1, 2016. However, this experience may be telling.
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