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A pathway to legal residency for foreigners with a Peruvian child

By RGB Avocats – Corporate lawyers in Peru

With all eyes focused on Legislative Decree N° 1350, the new Immigration Law, not many people noticed that the Peruvian government recently passed a new law creating a pathway to legal residency for immigrants with Peruvian children.

Before we begin however, it should be noted that this law only applies to foreigners who entered Peru before January the 3rd 2017, and whose children are still minors or are otherwise adults with disabilities.

That being said, this law allows the Peruvian Office of Immigration (MIGRACIONES) to issue the newly created Temporary Residency Permit (Permiso Temporal de Permanencia) to foreigners who have overstayed their visas. Likewise, foreigners, who are currently legally staying in Peru, can also apply for this permit. Applicants will be completely exonerated from all fines and fees, established in Supreme Decree N° 206-83-EFC; in short, immigration fees and fines related to overstaying the term of a visa.

The permit allows the beneficiary to carry out remunerated activities and lasts for a term of 1 year. The Immigration Office (MIGRACIONES) will grant the holders of this permit the Migratory Category of Relative of Resident, until the expiry of the permit. When the beneficiary in question applies for an extension of residency, they will be granted the Foreign ID Card (Carné de Extranjería) as a Relative of Resident. Applicants should keep in mind that the Relative of Resident visa allows the holder to perform remunerated activities as well.

The law also has a special provision for foreigners who are victims of domestic violence. Such persons will be automatically granted a Worker Visa, provided they have been victims of a flagrant criminal act, linked to domestic violence, or are currently protected by measures against domestic violence (restraining orders, personal warranties, etc.).

Beneficiaries will also lose this permit if they leave the country for a period of over 183 days in a term of 365 days, without authorization from the Immigration Office (MIGRACIONES).

In order to apply for this permit, foreigners must submit the following documents:

  • The Form;
  • Two passport-sized photos, with white background;
  • A copy of the passport or ID used to enter Peru;
  • The birth certificate of the Peruvian child, issued either by RENIEC or the Peruvian consulate abroad and duly legalized by the Ministry of Foreign Relations, accordingly;
  • Document providing proof of disability, in the case of a disabled child over the age of 18;
  • Sworn statement indicating that the applicant has no criminal or judicial records at the national and international level;
  • Receipt of payment for the procedure for PEN 41.90, or a sworn statement indicating lack of funds.

Finally, would-be applicants should consider that this benefit will only be issued until July the 26th of 2017, so time is of the essence.

RGB Avocats – Corporate lawyers in Peru

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