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IMPACT – MEDIUM
What is the change? Residence permit renewal applications must now be submitted in person at the National Superintendence of Immigration office, and an online appointment must be made prior to submission.
What does the change mean? Applicants must submit renewal applications in person 60 calendar days prior to the expiration of the residence permit.
Additional information: The residence permit renewal must be submitted 60 calendar days prior to the expiration of their current residence permit. Parents or guardians must submit the renewal application for minors. A legal representative may submit the renewal application only for disabled applicants.
To renew the residence permit, resident workers must submit their work contract (with a minimum term of one year from submission of the renewal), last three pay slips and show their ID card (carné de extranjería) and passport. Dependents (spouses and children) must show their ID card and passport to renew their residence permit.
Analysis & Comments: The change adds the additional step of an in-person appointment to the renewal application process.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? Peru has begun requiring Venezuelan nationals to obtain a visa before entering the country.
What does the change mean? Venezuelan nationals must obtain a tourist, business or humanitarian visa in order to enter Peru. Visas-on-arrival are no longer available for Venezuelan nationals, and Peruvian authorities are no longer accepting Venezuelan ID cards instead of passports as sufficient documentation to enter the country.
Additional information: Several Latin American countries have loosened entry requirements for nationals of Venezuela because of Venezuela’s current economic and political situation. Peru had been permitting Venezuelan nationals to use Venezuelan ID cards as the basis for obtaining visas-on-arrival in Peru. That is no longer an option, however, after Peru imposed the visa requirement and stopped accepting ID cards as the basis for entry. Peruvian officials also implemented a law that requires companies to include Venezuelan nationals when calculating the maximum number of foreign nationals a company can employ, i.e., no more than 20 percent of the total number of employees and no more than 30 percent of a company’s remunerations. Previously, Venezuelan nationals were exempt from these calculations.
Analysis & Comments: Employers should make sure Venezuelan national employees or business visitors obtain the required visa before traveling to Peru. They may need to adjust time lines because of the time it takes to obtain a visa. Employers also must be sure they are including Venezuelan nationals when calculating the maximum number of foreign workers they can employ and the total pay they are permitted to provide their foreign workforce.
What is the change? Mercosur residents may now apply for their police, criminal and judicial records through the online records system known as PIDE (Plataforma de Interoperabilidad del Estado Peruano).
What does the change mean? The online system may be used by both Peruvian citizens and foreign nationals to request Peruvian police, criminal and judicial records. Mercosur visa applicants needing to obtain and submit Peruvian criminal records will no longer need to submit them in person along with their visa application; rather, Peruvian authorities will access and verify these records through the online portal.
Background: As part of the Mercosur accord, citizens of founding and associated states, including Argentina, Brazil, Paraguay, Uruguay, Peru, Colombia and Ecuador, are able to obtain a temporary residence permit for up to two years in member countries. In Peru, Mercosur citizens applying for a visa and/or residence permit are required to submit their police, criminal and judicial records from either the country of origin or the country of residence to immigration authorities in order to complete their application. The same process exists for Mercosur applicants applying for visas and permits in other Mercosur countries. In an effort to simplify the records request process, Peru has extended the use of the PIDE records system to Mercosur visa applicants, who are now able to request and submit their Peruvian records online.
Analysis & Comments: Mercosur visa applicants will no longer need to submit their police and criminal records in person along with visa applications, as immigration authorities will be able to access the records through the PIDE platform.
What is the change? The Peruvian government published a decree Sept. 13 modifying the submission and regulation of labor contracts for foreign nationals to speed processing times.
What does the change mean? The modifications introduce an online submission system, Virtual System for Foreign Personnel. Documents uploaded to it are automatically approved, but foreign nationals must wait to receive the resident work visa before starting work.
Background: Processing and approval times for labor contracts for foreign personnel increased from five working days to 15-20 working days due in part to large numbers of Venezuelan nationals migrating to Peru. The introduction of the new online submission system is intended to mitigate these delays.
Starting Oct. 13:
Analysis & Comments: The introduction of the online submission system is a positive change for employers and will greatly reduce the evaluation and approval times for labor contracts by allowing foreign nationals to initiate visa procedures immediately after submitting labor contracts. However, the virtual system must be fully implemented for these modifications to take effect.
What is the change? Peruvian officials have moved up key deadlines for Venezuelan nationals seeking to obtain temporary permits of permanence, or PTPs.
What does the change mean? In order to qualify for a PTP, Venezuelan nationals must have entered Peru by Oct. 31 and must submit an application by Dec. 31. Under previous deadlines, applicants had until Dec. 31 to enter the country and until June 30, 2019 to submit an application.
Background: In January, Peruvian officials expanded the eligibility of Venezuelans to apply for PTPs amid an ongoing influx of Venezuelan nationals to Peru. Officials subsequently implemented a measure to allow Venezuelan nationals to apply for extraordinary provisional work permits while their application for a PTP is pending. They also waived a key work authorization requirement this summer, allowing applicants to apply for work authorization without needing to have their employment contracts approved by the Ministry of Labor. Officials have now moved up the deadlines, saying Venezuelan nationals must be in Peru by Oct. 31 and must apply for a PTP by Dec. 31 in order to be eligible. Other criteria include a requirement that applicants not have a criminal or judicial record in Peru or internationally.
BAL Analysis: Peru is one of several South American countries that have provided immigration relief to Venezuelan nationals amid a political and economic crisis in Venezuela. Argentina, Chile and Colombia are among the countries that have introduced new laws or regulations specifically for Venezuelan nationals. Venezuelan nationals interested in obtaining a PTP in Peru are encouraged to apply for one as soon as possible and no later than the end of the year.
This alert has been provided by the BAL Global Practice group and our network provider located in Peru. For additional information, please contact your BAL attorney.
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What is the change? Peruvian officials have waived a key work authorization requirement for Venezuelan nationals, saying Venezuelan applicants for temporary permits of permanence (PTPs) or extraordinary provisional work permits may do so without having their employment contracts approved by the Ministry of Labor.
What does the change mean? Venezuelan nationals seeking work authorization as described above will be able to begin work sooner provided they meet other application criteria. The change may also reduce some of the workload at the Ministry of Labor, but so far there has been little change to processing times.
Background: In January, Peruvian officials expanded the eligibility of Venezuelans to apply for PTPs. Officials implemented a measure in May to allow Venezuelan nationals to apply for extraordinary provisional work permits while their application for a PTP is pending. “The purpose of this act is to allow Venezuelan citizens to work formally while getting the documents required to process the PTP, some of which may be delayed because they depend on other institutions—such as the communication issued by INTERPOL of not registering an international arrest warrant,” states AOV Abogados, a corporate, immigration and labor law firm in Peru. Officials have now waived the requirement of having their work contracts approved by the Ministry of Labor, speeding up the application process for those applying to begin work.
BAL Analysis: The change is one example of the ways in which South American countries are working to grapple with the arrival of tens of thousands of Venezuelan nationals. Argentina, Chile, Colombia are among other countries to have introduced new laws or regulations for Venezuelan nationals. AOV Abogados added that Peru has become a transit station for Venezuelan immigrants, largely because Peru offers Venezuelans the chance at temporary work. Some Venezuelans stop in Peru to stabilize their finances before continuing the Chile or other countries to meet family or friends. Employers should note that while Peru has made it easier for Venezuelans to obtain work authorization, Venezuelans still count as foreign nationals for the purposes of calculating foreign worker ratios.
This alert has been provided by the BAL Global Practice group and AOV Abogados in Peru. For additional information, please contact your BAL attorney.
What is the change? Additional details are now available regarding the new online process for changes of immigration status.
What does the change mean? Applicants must appear in person for an appointment at which they will provide their fingerprints and photograph and receive their username and password for the online portal that will provide notices on the progress of their application. If the visa is approved, applicants will need to appear in person again to collect their Foreign ID card (Carné de Extranjería) but will not have to provide additional information.
BAL Analysis: Applicants changing status in Peru should plan to schedule an appointment with Migraciones to provide their biometrics at the application stage rather than at the end of the process as was previously done.
What is the change? Peru has set up online procedures for foreign nationals applying to change their immigration status in-country.
What does the change mean? Applicants will have access to a web portal where they may lodge their application to change their status and schedule the date for delivery of their Foreign Card.
BAL Analysis: The introduction of the online process is a positive development that should facilitate improved procedures for individuals changing their status in-country, such as business visitors and tourists switching to a work status and residence permit.
What is the change? The government of Peru has expanded the eligibility of Venezuelans to apply for temporary permits to those entering Peru in 2018, under Supreme Decree 001-2018-IN, which took effect today.
What does the change mean? Venezuelans who enter Peru by the end of 2018 are eligible to apply for a special Temporary Permit of Permanence, or PTP, that is valid for one year. A previous decree expired Tuesday.
Background: Under a prior decree, Venezuelans who entered Peru legally before Aug. 1, 2017 were eligible to apply for a PTP. The government has extended the eligibility again, now covering those entering Peru prospectively during 2018. Applicants must either hold an expired visa or choose to convert their regular status to a PTP. Applicants must have clean police, criminal and judicial records.
BAL Analysis: The decree allows regularization of status for thousands of Venezuelans who will have entered Peru since the previous supreme decrees due to humanitarian and human rights concerns.
IMPACT – LOW
What is the change? The Peruvian government has issued a decree repealing the annual alien tax on foreign residents (“tasa anual de extranjería,” or “TAE payment”).
What does the change mean? Effective immediately, foreign residents will no longer need to pay the tax, which was previously due in the first quarter of each year.
Background: Previously, the TAE of approximately US$20 was due annually by paying online or at a Banco Nacion branch, and penalties of 100 percent were assessed for each late quarter.
BAL Analysis: Foreign residents who paid their annual tax last year by March 28, 2017, and who either filed or are seeking to file a Residence Visa renewal application in 2018 will benefit from this change since they no longer need to pay the tax. Only foreign residents with outstanding debts owed for the TAE from previous years must complete payment plus any fines for untimely payment.