C&C Global: Peru

On January 7, 2017, legislative decree N° 1350, the "New Law of MIGRACIONES," was published in the Official Gazette El Peruano under the powers delegated by the Peruvian Congress by virtue of Law No. 30506. The new law establishes a series of changes to the law on migration with respect to citizen security, standards for the internal and external immigration policy of Peru, including some aspects of the National Superintendence of Immigration (MIGRACIONES), and the regulation of border security, among other important aspects. The ultimate aim of the new law is to simplify and revise the immigration law protecting the fundamental rights of national and foreign citizens, and to strengthen national security.

Legislative Decree N° 1350, in force since March 1, 2017, means considerable progress because it changes the scheme considerably with respect to immigration categories and statuses, and creates several new immigration statuses, among other things. New regulations were published in El Peruano on March 27, 2017, with Supreme Decree No. 007-2017-IN.

With the entry into force of the new law, the former Aliens Law N° 703 and its amendment, Legislative Decree N° 1043, were repealed along with Legislative Decree No. 1236 and any rule that violates Legislative Decree No. 1350.

The law includes two important changes:

1.   With respect to temporary migratory status for business, the new law allows foreigners who do not intend to live in Peru to perform business, legal, contractual, and specialized technical assistance or similar activities in Peruvian territory. The status is granted for 183 days, consecutive or cumulative, over a period of 1 year counted from the first entry into Peru. This status is not renewable for temporary migration for business.

2.   "Appointed worker" status is now granted not only on a temporary basis, but also as a resident status.

Thus, foreign individuals coming to work in Peru to carry out labor activities in the national territory, which consist of the accomplishment of a specific task or function or a job that requires specialized professional, commercial, or technical knowledge and who are sent by a foreign employer, as well as those who are commissioned by a highly specialized international corporation for the repair or maintenance of machinery or technically complex or advanced systems or mechanisms, or for corporate audits and international certifications, may receive a temporary visa with an authorized stay of 183 days, consecutive or cumulative, over a period of one year counted from the first entry into Peruvian territory, extendable up to a total of one year, maximum. In sum, for temporary appointed worker migratory status, the initial authorized period of stay is 183 days (consecutive or cumulative), which can be extended in a subsequent process up to one year. For resident appointed worker migratory status, the visa is granted for one year, renewable.

Both types of status allow multiple entries. Foreigners with resident appointed worker migratory status will hold a foreign card (carné de extranjería).

A foreigner with this migratory status cannot carry out paid or lucrative activities, either self-employed such as freelancing or independent contracting, or working as a subordinated employee, in Peru.