Amendments on Peruvian Immigration Regulation

By Ricardo Guevara Bringas RGB Avocats

It would appear that amendments made recently to Peruvian Immigration Law in Peru are an effort on behalf of the government to address some systematic abuses to the system, while at the same time facilitating migratory procedures to benefit those foreigners who play by the rules.

Specifically, I am referring to the Peruvian Statute Law on immigration, Decreto Legislativo 703, which was recently modified by the Decreto Legislativo N° 1043 of 25 June 2008. This new law was authorized to regulate many aspects related to the United States Peru Trade Promotion Agreement.

This article aims to shed some light on the main aspects this new regulation. We will focus our analysis on the new status of the "tourist" visa since many expatriates coming to Peru first enter as tourists.

1) Renewal of Tourist Visas

a) The way it was BEFORE the new regulation came into force

Before the amendment of June 2008, if a tourist wanted to extend his or her stay in Peru, he or she needed to go to an immigration office and renew his/her tourist visa up to three times for a 30-day period each renewal. The maximum period that a visitor was allowed to stay in the country without leaving was up to 180 days. (90 days on the initial visa, then three renewals of 30 days each)

b) How it works NOW

The new system does not allow any renewal

The new regulation provides new duration for different visas. With regard of tourists' visas, article 33 of the amended Decreto Legislativo states "Tourists: up to 183 calendar days not renewable". This could have be construed in a way that a tourist could obtain visa extensions within the limit of 183 days.

Consequently, if you want to stay as tourist long term, ask at the border for the maximum duration the can give to you. You may be conceded a visa of up to 183 days, at the discretion of the border official, but remember, you will not be able to ask for an extension once you are in Peru.

Note that in the event you exceed the time allowed to stay in Peru as a tourist, you will have to pay a fine of US$ 1 per day when leaving the country.

2) Applying for a resident visa with a tourist visa

a) The way it was BEFORE the new regulation came into force

When a foreigner with a tourist visa wanted to obtain a resident visa, for instance as a worker or as an investor, he or she needed to apply for such a visa in Peru, then leave the country to fetch the visa in a Peruvian Consulate abroad –very often it was in Arica, Chile- and only later could he or she request the carné de extranjería in Peru.

b) The way it is NOW.

You may obtain a resident visa without leaving Peru

The new regulation allows foreigners who hold tourist visas to directly obtain a carné de extranería without leaving Peru. This procedure is called "cambio de calidad migratoria" and it could be performed before the new regulation, but its access was denied to tourist visa holders. Now, with the new legislation, tourists can obtain resident visas provided that they fulfill all the legal requirements, pay the US$200 fee, and they can do all this without leaving the country.

But note that according to DIGEMIN, if you have applied for the "cambio de calidad migratoria" as a holder of a temporary visa, e.g., tourist visa and you want to leave the country during the time of the process of you application, you will need to ask to DIGEMIN for a permission to leave Peru. This permit should be obtained within 48 hours from your application and it is granted for a period of no more than 30 days.

In conclusion, it can be said that Peruvian government wishes to strike a balance between the need of more flexibility for foreigners with tourist visas who are in Peru for leisure purposes and those who want to stay in Peru on a long term basis.

* Dr. Ricardo Guevara Bringas is a lawyer specialized in foreign investment and immigration law. You can find his details at: www.rgbavocats.com