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IMPACT – MEDIUM
What is the change? Regulations on the New Law of Migraciones have been published and provide details on immigration statuses introduced in the law.
What does the change mean? The regulations set out the terms and durations of each status, the types of migratory permits that will be issued, and requirements related to foreign registration, issuance of foreign ID numbers and foreigners cards, and a fine schedule for various immigration infractions.
Background: The law overhauls Peru’s immigration system, classifying all immigration statuses as either temporary or resident. The new immigration statuses are:
Temporary Status
Residency Status
Migratory Permits
The regulations also list several types of migratory permits, including an Extraordinary Work Permit that authorizes income-generating activities for up to 60 days, as well as permits for foreign nationals who must leave Peru while their extension application is pending or residents who must leave for lengthy periods, and a permit that authorizes a foreign national with temporary migration status to sign commercial or financial documents only.
Fines
Fines will be levied against foreign nationals for various violations:
Registration and oversight
Other changes include foreign ID numbers issued upon registration, foreigners cards for residents (valid for four years), duties to report any changes within set deadlines, and information-sharing practices among immigration and labor authorities about any violations by companies or individuals.
BAL Analysis: The law is a welcome development that streamlines immigration categories and terms of stay for each status. Companies and individuals should also be aware of the increased focus on compliance and tracking of foreign nationals in Peru.
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.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Peru has published a decree that will allow Indian nationals traveling for business or tourism to enter the country without a Peruvian visa, provided they hold permanent residence or a valid visa for Australia, Canada, the United Kingdom, the United States or a Schengen Area country.
What does the change mean? Beginning March 26, qualifying Indian nationals will have an easier time traveling to Peru for business or tourism. Travelers must hold a valid passport and permanent residence or a visa valid for at least six months for one of the countries listed above. They will be able to enter Peru one or more times and will be permitted to remain for up to 180 calendar days in a one-year period.
Background: The decree was published Monday in Peru’s official gazette, “El Peruano.” Officials hope the change will strengthen business and tourism ties between the two countries. The eased regulations will take effect March 26. Those traveling before then must adhere to regular visa requirements. Peru adopted a similar program for Chinese travelers in September.
BAL Analysis: The program, in some instances, make travel to Peru easier for Indian nationals visiting on business or for tourism. Those intending to conduct work activities in Peru, however, must obtain work authorization.
What is the change? A new, wide-ranging immigration law will take effect March. 1.
What does the change mean? Among other changes, the law will place foreign nationals into either temporary or residence categories. It calls for the creation of an electronic registry that will more effectively track foreign nationals’ movements in and out of the country. It will also allow foreign nationals to work in the public sector and explicitly states that work authorization should be provided for spouses of foreign nationals who hold work permits.
Background: The law, the Legislative Decree on Migration, was published Jan. 7 and is designed to close gaps in Peru’s current immigration scheme, simplify procedures and strengthen domestic security. The law will place foreign nationals into one of two immigration categories: temporary or resident.
The temporary category will be for short-term workers or visitors and includes subcategories for business visitors, temporary or designated workers, trainees, researchers, tourists, artists, athletes, journalists, and nonresident visitors who come to Peru pursuant to an international agreement. Exact length-of-stay requirements will vary, but generally this category is for foreign nationals on short-term visits who do not intend to reside in Peru.
The resident category captures all foreign nationals who intend to reside in the country and may include foreign nationals working in the private or public sector, spouses of work permit holders, interns, students, researchers, investors, foreign aid workers, diplomats and those residing in Peru pursuant to an international agreement. Foreign nationals who have resided in Peru for three years will be permitted to apply for permanent residence.
The law also calls for the creation of the Migration Information Registry, an electronic database that will centralize information about foreign nationals entering and leaving the country. Officials hope the registry will help them crack down on foreign nationals who overstay or misuse their visas or otherwise pose a threat to domestic security.
BAL Analysis: The law represents a sweeping change to Peru’s immigration system. The status of foreign nationals already in Peru will not change. Those with applications pending will have their applications shifted to the correct corresponding category. Those arriving on or after March 1 should be sure they are applying for the correct visa or permit for their specific purpose. The law imposes new fines for those who violate immigration law. Contact BAL if you are in need of assistance or have questions about the new law.
What is the change? Peru has introduced a new rule for appointed worker visas for employees of a foreign company completing assignments or specific tasks in Peru for up to 90 days (renewable for up to one year) and remaining on a foreign payroll.
In a separate change affecting work visas for employees of a Peruvian company, the authentication rule for contract signatures has been relaxed when the contract is signed by a legal representative of the company. This is applicable for resident worker visas.
What does the change mean? Foreign companies sending employees to Peru on appointed worker visas must now ensure that the proposed period of the employee’s services as stated in the appointment letter does not exceed the duration of the service agreement between the foreign company and local Peruvian host company.
Background: The appointment letter submitted by foreign companies states the period of time that the foreign assignee will render services in Peru, normally 360 days. Under the new rule, the time indicated in the appointment letter must not exceed the duration of the technical services agreement between the foreign sending company and the local host company. Previously, companies could submit an appointment letter stating a period of time that the assignee would perform services that was longer than the validity of the technical services agreement.
In another change announced by the Interior Ministry, foreign employees applying for visas to work for a Peruvian company will have relaxed authentication procedures when their contract is signed by someone other than the general manager. Previously in such cases, a validity of powers issued by the Public Registry Bureau needed to be submitted along with the file to demonstrate that the powers were still in force. Under the change, the company may instead submit an affidavit signed by the representative and indicating that the representative is authorized to sign contracts on behalf of the company.
BAL Analysis: To avoid delays in processing, foreign companies assigning personnel on temporary assignments to Peru on appointed worker visas should make sure the appointment letter reflects a period of time that does not exceed its service agreement with the local host company.
When traveling to Peru, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Peru, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Most foreign nationals, including those of the United States, will be required to obtain a visa from a Peruvian Consulate or Embassy prior to travel if they intend to conduct business activities in Peru. Visa waivers allowing visitors to enter and conduct business activities in Peru without a visa are available for nationals of a few select countries including Brazil, Colombia and the Schengen Area countries.
Peru is a member of the Asia Pacific Economic Cooperation (APEC), and foreign nationals in possession of valid APEC Business Travel Cards (ABTC) endorsed with “Valid for travel to PER” are eligible to enter Peru on visa-waivered status.
Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver or a Business Visa.
The activities below, whether paid or unpaid, generally constitute work under Peruvian law. This list is not exhaustive, and many other professional activities are considered work in Peru, even if conducted for a short duration.
In limited circumstances, foreign nationals may engage in certain short-term specialized technical assistance or similar activities without obtaining work authorization. As eligibility is determined on a case-by-case basis, an individual assessment is required prior to travel to determine whether a work authorization exemption is applicable.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Peru. In general, work authorization in Peru is granted under the Appointed Worker Migratory Status or the Worker Migratory Status. The most common types of work authorization issued under these statuses are:
Peru does not offer long-term work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Peru’s labor authorities have simplified administrative processes, including elimination of the requirement that foreign workers submit educational diplomas or certificates that have been legalized.
What does the change mean? Employers now only need to submit a sworn affidavit stating that the hiring of the foreign worker complies with labor laws and a copy of the employment contract.
Background: The government published the legislative decree Nov. 10 in an effort to simplify several administrative procedures relating to the labor laws. Previously, under the Law of Foreign Workers, employers were required to legalize foreign diplomas or work experience certificates and submit them to the Administrative Labor Authority in order to obtain approval of an employment contract for foreign personnel.
The decree also eliminates the requirement to register fixed-contract labor contracts on the web portal of the Ministry of Labor and Employment. The removal of this requirement affects Spanish nationals, nationals of Mercosur countries and foreign nationals married to Peruvian citizens who are hired under a fixed-term contract.
BAL Analysis: The simplification of administrative processes is positive news for employers seeking to sponsor foreign workers.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Peruvian government has set up an online system for foreign residents to pay a mandatory annual alien fee (“tasa annual de extranjería”).
What does the change mean? Foreign residents should pay the annual alien fee of US$20 in the first quarter of the year, as the amount doubles for each successive late quarter and failure to pay will affect their ability to access other immigration services.
Background: The annual alien fee is not new, but starting this year it may be paid online. Foreign residents may engage an authorized third party to pay the fee on their behalves, but should do so immediately as this option may no longer be available in coming days or weeks.
BAL Analysis: To avoid late fees and suspension of other services, foreign residents are advised to pay the annual alien fee as soon as possible and before March 31.
What is the change? Peru has waived visas for business visitors, students and journalists from Schengen member countries.
What does the change mean? Business visitors, students and journalists who are nationals of Schengen area countries no longer need to obtain a visa at a Peruvian consulate before traveling to Peru.
Background: Peru already allows tourists from Schengen countries to enter Peru without a visa. The new policy extends the same terms to business travelers, students and journalists – they may visit for up to 90 days during a six-month period. Ireland and the U.K. are not part of the Schengen agreement and are not included in the waiver.
Reciprocal treatment by Schengen countries to allow Peruvian citizens to travel to the Schengen area visa-free is expected to be finalized by the end of the year or early 2016.
BAL Analysis: The visa waiver for business travelers will make travel to Peru more convenient for Europeans, particularly for Spanish nationals and others who make frequent trips or need to travel on an urgent basis.
What is the change? Peru has enacted a new Aliens Act that will overhaul work visas.
What does the change mean? The new law creates categories of work visas and imposes new terms for their duration of validity.
Background: The main changes enacted in the new Aliens Act (Legislative Decree No. 1236) are:
BAL Analysis: The law sets out general work visa categories and does not specify details about application procedures or other changes. Once the regulations are issued, these implementation details will be clearer. BAL will continue to report on these changes as they become available.