Details on the New Immigration Law in Peru Especially for Foreigners
The authorities in Peru already passed an updated immigration law under Decree No. 1359 effective January 7, 2017. The regulations under Supreme Decree No. 007-2017-IN was effective since March 27, 2017. There were a few changes under the new legislation and it focuses on the foreigners that live in Peru. The main goal of the changes is to make immigration laws simpler while still giving protection to the basic rights of foreigners and nationals. Most of all, the new immigration law in Peru made new legislation to make national security stronger.
New Law Major Changes
An important change made is foreigners can now find employment or contractual work easier than before in both the public and private sectors. Aside from that, they guarantee that foreigners have the same rights as Peruvian nationals. Therefore, employees with high qualifications will now find their resident status as quality researchers beneficial to them. Moreover, the new legislation lets them earn more income dependently or independently under the private and public sector. The new resident status is good for 1 year and can be renewed.
For the sake of national security, another major change was made which is immigration now has rights to apply sanctions to foreign nationals. They will also pay fines, be asked to exit the country or expulsion which leads to not being able to enter the country for a maximum of 15 years.
Reasons why a foreigner will face expulsion:
- Disrespecting the cultural heritage of Peru
- Failure to comply with the imposed mandatory exit
- Using false documents
Lastly, there will now be an Immigration Information Registry that consists of an electronic database, an information system used to record the personal information of nationals and foreigners. The purpose of this is to make sure the civil, labour, judicial, contractual, and commercial links are all legal.
Main Changes for Visas
There were several changes in the rules and requirements for different kinds of visas in the country.
For Investors:
- The investment of the foreigner has to be S/500,000.00 in their chosen existing Peruvian company or a new one
- The foreigner can only be the manager or company director
- Transfer of shares does not support the investment made
For Workers:
- They allow foreigners to perform work activities subordinately or independent under the private and public sectors
- If there is a service contract, a foreigner should have a National Register of Taxpayers (RUC)
- They can renew visa length in both cases is 1 year
For Retirees:
- A foreigner should be able to prove they are receiving a permanent income provided by a Foreign or Peruvian source or their retirement pension is active
- The visa’s length of stay is indefinite
The new immigration law in Peru is more inclusive and fairer to both citizens and foreigners living in the country.