30 day limit for carnet applications

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Wiracocha
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30 day limit for carnet applications

Postby Wiracocha » Mon Jan 21, 2019 3:09 pm

G'day all,

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.
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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.

Cheers,
W


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FDiH
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Re: 30 day limit for carnet applications

Postby FDiH » Mon Jan 21, 2019 6:22 pm

Great info. Thanks!
Formidable 1
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Re: 30 day limit for carnet applications

Postby Formidable 1 » Mon Jan 21, 2019 9:10 pm

Good to know.
Thanks for the detailed info, W.

Cheers!
Wiracocha
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Re: 30 day limit for carnet applications

Postby Wiracocha » Sat Jan 26, 2019 11:03 am

A little progress report....as at Friday 25th. After the normal 15 days wait, Migraciones responded and I am due to go in and pick up my carnet on this Monday.
I will not get too excited just yet, until I have it in my hand....just in case the buggers put another stone in my way.

I am curious to find out if they will put the "visa" label in my Aussie passport, showing permanent Foreign Resident, so I can use that for any future air travel to visit other countries with my wife. Otherwise, maybe the carnet is just sufficient at the airport....got a feeling not.
Will post final outcome next week, for those who have an interest.
Cheers,
W
jumpinjack
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Re: 30 day limit for carnet applications

Postby jumpinjack » Sun Jan 27, 2019 6:13 pm

Wiracocha wrote:A little progress report....as at Friday 25th. After the normal 15 days wait, Migraciones responded and I am due to go in and pick up my carnet on this Monday.
I will not get too excited just yet, until I have it in my hand....just in case the buggers put another stone in my way.

I am curious to find out if they will put the "visa" label in my Aussie passport, showing permanent Foreign Resident, so I can use that for any future air travel to visit other countries with my wife. Otherwise, maybe the carnet is just sufficient at the airport....got a feeling not.
Will post final outcome next week, for those who have an interest.
Cheers,
W

"I am curious to find out if they will put the "visa" label in my Aussie passport, showing permanent Foreign Resident" Uhhh ....no. You are not permanent a s yo have to renew it each year.
Wiracocha
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Re: 30 day limit for carnet applications

Postby Wiracocha » Sun Jan 27, 2019 11:41 pm

G'day Jumpinjack (-flash !!)

Perhaps I sould have also mentioned that my carnet will be on a Rentista Visa basis.

Info I have says: Rentista Visa:-
"Consequently, it is easy to understand why foreigners who hold a rentista visa may benefit from various advantages.

As for the duration of this migratory status, the rentista visa allows a foreigner to have an indefinite residence in Peru. So, there is no need to renew the carné de extranjería (residence permit) every year. Although it should be stated that the holder of this visa may lose this migratory status if he or she leaves Peru for a period of more than 6 months during a calendar year or for shorter periods that amounts to 6 months during a calendar year."

No worries.... I trust. :roll:

Cheers,
W
Wiracocha
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Re: 30 day limit for carnet applications

Postby Wiracocha » Mon Jan 28, 2019 6:56 pm

G'day all,

In conclusion...I am very happy to say that I received my carnet today, no problems. Rentista status and also an appropriate stamp in my Aussie passport, as a Residente. :D
For Jumpinjack flash....my carnet card needs to be renewed every 4 years...same principle as a DNI, but shorter period. :wink:

Por-bloody- fin !!
Can relax more now.

Cheers,
W

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