Peru: New Immigration Framework in Full Effect
by Foster, on Immigration Updates
Effective March 1, 2017, Peruvian Legislative Decree 1350 repealed and replaced the prior immigration legal framework in Peru. The previous “Aliens Law” and its amendments had been in effect for over 26 years.
There are two items of particular note within the new Legislative Decree:
- The expansion of permitted business visitor activities to include short term technical work; and
- The creation of a centralized office for immigration records, called the Migratory Information Registry.
Business Visitors to Peru May Now Provide Short-Term Technical Assistance
Peruvian immigration law permits certain nationalities to engage only in tourism without a visa, and other nationalities may engage in both tourism and business without a visa. As an example, U.S. nationals may only engage in tourism without a visa and must secure a business visa in advance of any business travel to Peru.
The definition under Peruvian law of permissible business visitor activities has been significantly expanded. U.S. nationals may enter Peru to engage in these expanded activities after obtaining a business visa, whereas certain nationalities may enter visa-exempt to engage in these activities. Following entry to Peru in the appropriate status, business visitors to Peru may now provide short-term specialized technical assistance to Peruvian companies. In the past, a temporary designated work visa was required for these types of short term technical activities. The new law also changed the maximum authorized duration of stay for business visitors. Business visitors are now allowed to remain in the country for up to 183 days within a 12-month period. The period of admission and the determination as to whether the anticipated technical work will qualify as permissible business visitor activities continues to remain at the discretion of the Peruvian immigration inspector at the port of entry.
Creation of Migratory Information Registry
The Migratory Information Registry (RIM) was created to enable information-sharing between the various Peruvian government agencies that collect information relevant to immigration, including the following:
- Arrival and departure records of travelers at ports of entry
- Immigration status records and applications filed with the Peruvian immigration authority, Migraciones
- Adjudication status records of consular filings reviewed by the Peruvian Ministry of Foreign Relations
- Determination of sanctions
- Registration records of foreigner’s biometric information with the National Police and naturalizations
This increased information-sharing is aimed at facilitating more effective enforcement of immigration laws and transparency in Peru.
The new framework was originally published in the Official Gazette “El Peruano” on January 8, 2017. However, only its general principles and provisions were effective immediately upon publication. It is now fully effective, however Peruvian immigration authorities have yet to publish regulations and official procedures detailing its implementation. As such, many of the specific details related to the execution of the new immigration legislation will not be finalized until regulations and policy/procedural guidelines are issued.
Foster will continue to monitor changes to Peruvian immigration laws impacting business trips and work assignments of foreign nationals. We will make information about further developments available in future Immigration Updates© and on our firm’s website at www.fosterglobal.com.