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What is Valid Income for Rentista Visa?

By RGB Avocats - Corporate Lawyers in Peru

First of all, note that the migratory category of Rentista in Peru is regulated by two different laws: Supreme Decree N° 003-2005-IN, Rules of Procedure for the Rentista visa (hereinafter the “Rentista Law”); and the newer Supreme Decree N° 007-2017-IN – Rules of Procedure of the Peruvian Immigration Law (hereinafter the “Immigration Law”).

In that regard, the Rentista visa has always posed a particular problem for applicants given that, despite the fact that the requisites established in the Rentista Law require applicants to provide proof of “(…) any rent or pension: permanent source of income, including a retirement pension, survivor’s pension, disability, dividends and royalties”; the Peruvian Superintendence of Immigration (hereinafter “IMMIGRATIONS”) has chosen to disregard most of these in the past, accepting only retirement pensions as a permanent source of income.

In that sense, IMMIGRATIONS adopted a very narrow interpretation of what constitutes a permanent source of income, given that sources of income, such as the payment of bank interests or monthly rents from lease agreements, are dependent upon the contract or the market and thus subject to variation.

However, with the recent passage of the new Immigration Law, IMMIGRATIONS is currently evaluating whether to broaden this interpretation. For the time being we can confirm that the entity does consider the following to be permanent sources of income:

  • Retirement pension
  • Survivor’s/widow’s pension
  • Disability pension
  • Veteran’s pension

Please note that IMMIGRATIONS will require, at all times, to provide key documents which will help establish that these sources of income are permanent.

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LEGAL DISCLAIMER: We remind you that all the content on this page DOES NOT constitute legal advice, but is presented as a simple legal opinion that can perhaps serve as a reference to foreign residents living in Peru. Before taking any legal decisions, you should ALWAYS consult your own lawyer or other specialist in the field of law. Neither the staff nor the owners of the ExpatPeru web page assume responsibility for the content published on this page

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