For anyone making application for carnets...marriage or foreign resident etc.
Just to further explain the heading for this topic......
When Migraciones mark your application receipt document 30 DAYS, it simply means that they have 30 working days to respond to your application....assumimg that you have submitted all the correct documents and info in the first place.
Of course, that is extremely difficult for them with thousands of Ven's to process.
In my case, I submitted my application in late October last year...the 30 days came and went (no surprise).Waited another couple of weeks...nothing.
So my immigracion lawyer told me that under a certain law, they must repond in my favour within another 15 days of that particular "law form" being submitted to them, regarding "positive silence".
It worked...I was advised today, that this was successful and to now procede to pay Bank de la Nacion for my Foreign Resident's card & Rentista visa, submit details on their website, and they will then advise me when to come in to collect.
The details of this law is shown below...I have copied and pasted from my lawyers email to me:-
1. How does the public administration work?
I want to explain how the public administration works according to the law in Peru. All public administration in Peru is under Law 27444. All public entities can not go against this Law.
When a person does some administrative procedure (for example, a request for a change of immigration) the public entity has a term of 30 working days according to article 35 of the Law
Ley del Procedimiento Administrativo General LEY Nº 27444
Artículo 35.- Plazo máximo del procedimiento administrativo de evaluación previa
El plazo que transcurra desde el inicio de un procedimiento administrativo de evaluación previa hasta que sea dictada la resolución respectiva, no puede exceder de treinta (30) días hábiles, salvo que por ley o decreto legislativo se establezcan procedimientos cuyo cumplimiento requiera una duración mayor.
Law of General Administrative Procedure LAW No. 27444
Article 35.- Maximum term of the administrative evaluation procedure previous
The period that elapses from the start of an administrative procedure of prior evaluation until the respective resolution is issued, can not exceed thirty (30) business days, unless by law or legislative decree are established procedures whose compliance requires a longer duration.
2. What happens if the public administration does not answer within 30 working days?
When the public administration does not answer an application, it is called "administrative silence". But there are 2 administrative silences: The Positive and the Negative.
I do not want to explain the Negative Silence because it is complicated and it is not your case. So the request that the public administration has not answered for you deserves to be "positive administrative silence" for the reasons indicated in article 33
Artículo 33.- Procedimiento de evaluación previa con silencio positivo
Los procedimientos de evaluación previa están sujetos a silencio positivo, cuando se trate de algunos de los siguientes supuestos:
1. Solicitudes cuya estimación habilite para el ejercicio de derechos preexistentes, salvo que mediante ella se transfiera facultades de la administración pública o que habilite para realizar actividades que se agoten instantáneamente en su ejercicio.
2. Recursos destinados a cuestionar la desestimación de una solicitud cuando el particular haya optado por la aplicación del silencio administrativo negativo.
3. Procedimientos en los cuales la trascendencia de la decisión final no pueda repercutir directamente en administrados distintos del peticionario, mediante la limitación, perjuicio o afectación a sus intereses o derechos legítimos
Article 33.- Prior evaluation procedure with positive silence
Prior evaluation procedures are subject to positive silence, when dealing with some of the following assumptions:
1. Requests whose estimate enables the exercise of pre-existing rights, unless it transfers powers of the public administration or that enable to perform activities that are instantly exhausted in their exercise.
2. Resources intended to challenge the dismissal of an application when the individual has opted for the application of negative administrative silence.
3. Procedures in which the transcendence of the final decision can not directly affect the administration other than the petitioner, by limiting, prejudicing or affecting their legitimate interests or rights
3. What are the effects of positive administrative silence?
Article 188.- Effects of administrative silence
188.1 Administrative procedures subject to administrative silence positive will be automatically approved in the terms in which they were requested if after the established or maximum term, the entity would not have communicated to the administration the pronouncement.
188.2 Administrative silence has for all purposes the character of resolution that puts an end to the procedure, without prejudice to the nullity official notice provided for in article 202 of this Law.
4. What are we going to do now?
There is another special Law of Administrative Silence No. 29060 that indicates that a "sworn statement" can be presented by writing about the delay of the request and demanding administrative silence. The day we send the "sworn statement" and they stamp it at the reception, you will have your application approved. However, this will also help them send you the formal document about your immigration change.
LAW OF ADMINISTRATIVE SILENCE Nº 29060
Article 3.- Approval of the procedure
Notwithstanding what is stated in Article 2, the deadline for silence to expire positive administrative procedure in the prior evaluation procedures, regulated in Article 1, without entity would have issued a ruling on the request, the administrated may submit a Sworn statement before the entity that configured said approval ficta, in order to make the right conferred before the same or third entities of the administration, constituting the charge of receipt of said document, sufficient proof of the approval resolution ficta of the application or process started.
Okay, me again....this is not generally known by applicants and not informed by Mig's.......but it has worked and my original application was pushed forward and approved in my favour. God only knows how much longer I would have been waiting on the original application.
I was a little nervous about my lawyer doing this, as I thought that Mig's would not like having this law put in their face, and found some way to give me more of a hard time( "one more document" etc etc)...but I was assured that they must conform to the law.
Mig's are very adept at quoting their own laws to people, so it was nice to see the tables turned.
Hope this may assist someone.