The Corporate Immigration Review: Peru
Introduction to the immigration framework
Peru's economy has experienced significant growth in the past few decades. With rapidly growing industry, a vibrant business environment, a wealth of natural resources and unique tourist attractions, the country has become a common destination for multinational companies and foreign professionals, as well as tourists.
In the past year, however, as a consequence of the deterioration of the economic and social situation in Venezuela, there have been an increasing number of Venezuelan citizens entering Peru. As at July 2020, more than 1.2 million Venezuelans had entered the country.
In addition, Peru was one of the many countries affected by the covid-19 pandemic. On 6 March 2020, the first case was confirmed in the country. As at 12 March 2021, 1,407,963 covid-19 cases had been confirmed.
At the time of writing, Peru's borders remain closed for citizens coming from Brazil, the United Kingdom and South Africa. It is expected that immigration will gradually return to normality in the next few months, after the state of emergency declared for the prevention and control of covid-19 is lifted as a consequence of widespread vaccination.
To travel to Peru, whether for work, business or tourism purposes, foreigners must obtain the appropriate immigration status to enter and remain in the country. Legislative Decree No. 1350 (New Immigration Law), together with its implementing regulations, approved by Supreme Decree No. 007-2017-IN, governs the different immigration categories that apply to foreign nationals seeking to enter, do business or work in the country. The main visas available to foreign citizens for business or work purposes are described briefly below.
This visa is suitable for foreign citizens entering the country for recreational purposes only – tourism or similar – without the intention of residing in Peru. Once in the country, however, it is possible to request a change of immigration status from tourist to work visa. In these cases, a special permit must be requested from the National Immigration Agency so that the foreign citizen can sign his or her employment agreement; foreign citizens in Peru on a tourist visa are not allowed to sign contracts. As a general rule, tourist visas are obtained in the airport upon arrival in Peru or at Peruvian border crossings.2
Foreign citizens who enter the country for corporate, legal, contractual or specialised technical assistance activities or similar purposes, without seeking residency, must request a business visa.
There are two requirements for a business visa: the status of the stay must be temporary (for up to 183 calendar days per year without time extensions); and the reason for entering the country must be corporate, legal, contractual, or for specialised technical assistance or similar activities.
Generally, to obtain a business visa, foreign citizens must contact in person the Peruvian consulate with jurisdiction over the city where they normally reside. They must take their original passport and a letter stating their reasons for going to Peru with a business visa. The visa is processed quickly – in most cases it takes less than one day – and entails payment of a relatively low consular fee.3
Foreign citizens coming from countries that have signed international agreements concerning business visa waivers with Peru will be granted this migratory status at immigration or border control offices. These countries include Brazil, Bulgaria, Chile, China,4 Colombia, Croatia, Cyprus, Iceland, India,5 Indonesia, Liechtenstein, Mexico, Norway, Panama, Romania and Switzerland, as well as Member States of the European Union that belong to the Schengen Area.
Work and designated employee visas
Foreign citizens hired by a domiciled company require a work visa. This immigration status is granted to any foreign national coming to Peru for the purpose of carrying out remunerated or lucrative activities, either as an employee or independently, by virtue of an employment contract, administrative relationship or services agreement.
Where foreign employees are sent to Peru by their non-domiciled employer for the purpose of executing in its name services for a domiciled company, a very different immigration status is required: the designated employee visa. The New Immigration Law distinguishes between two types of designated employees: the temporary designated employee, who can stay for up to 183 calendar days per year, renewable for the same amount of time; and the permanent designated employee, who can stay for up to 365 days, which can also be renewed.
Both work visas and designated employee visas are discussed in detail in Section IV.
The immigration status afforded by an investor visa is suitable for those foreign citizens who enter the country to settle, develop or manage one or more investments. This visa is addressed in Section V.
Family member visa
Spouses, parents, children under 18 years old and dependants that enter Peru following their working relatives may request a family member visa. This visa is meant to extend the immigration status of the Peruvian citizen or foreign resident in Peru to their foreign family members or dependants. After a foreign citizen has obtained the proper immigration status, the corresponding visas for his or her family may be processed.6 The most important change to this immigration status for family members is the recent introduction of the ability to work or render services in Peru, which was contested in the past.
The permanent visa is the only immigration status that allows an indefinite stay in Peru. To qualify for this category of visa, the foreign national needs to provide the immigration authorities with evidence of at least three consecutive years of permanent residence in Peru, without having left the country for more than 365 consecutive days. Family members of foreign permanent residents in Peru may also obtain this permanent migratory status. Even if this visa allows an indefinite stay in Peru, permanent residents must renew their foreign identity card every five years (children and teenagers must do this every three years).
There are no quotas applicable to these permanent visas, but hiring foreign employees is subject to two types of limitation: only 20 per cent of the employer's workforce, and no more than 30 per cent of the payroll, may be foreign nationals. This rule has several exceptions that are reviewed in detail below (see Section I. iii).
In summary, the regulations that govern immigration in Peru for business purposes are not numerous and their application requirements are straightforward. Employees' migration, on the other hand, does present a number of issues, such as employment matters, immigration provisions and payroll taxes. This chapter covers Peruvian immigration policy and practice, focusing on information regarding business and work-related visas.
ii Legislation and policy
The New Immigration Law states several basic rules with which foreign nationals must comply, especially when carrying out business or work-related activities in the country.
These principles are covered in the New Immigration Law, which, along with its implementing regulations, sets the requirements for and impediments to the entry of foreigners into the country; these range from identity documentation requirements to exclusion based on criminal activity. All visas are for a specific purpose and a specific term. All foreign nationals seeking entry to Peru should hold the correct immigration status for their intended activities and length of stay. Article 29 of the New Immigration Law sets out the residence or stay period allowed for each immigration status, including the permanent category, which allows indefinite residence.
Foreign residents may exit and re-enter Peru and retain their immigration status and visa as long as they comply with the requirements and deadlines set out by law. A foreign resident may lose his or her immigration status in Peru if he or she leaves the country for more than 183 days in any 12-month period (except for permanent residents, who will lose their immigration status only if they leave the country for more than 365 days).
If a foreigner violates the terms of the New Immigration Law, Article 54 provides for the application of fines, forced exit and expulsion, which would result in the cancellation of the migratory status. The forced exit and expulsion of a foreigner require a resolution issued by the National Immigration Agency.
Violations of Peru's New Immigration Law can have significantly adverse consequences for the individual, his or her sponsor, or both. For instance, in the case of the work visa, failure of the foreign employee to maintain lawful status may result in both the individual and the sponsor incurring sanctions. The failure of the sponsor's employees to act in accordance with the terms and conditions of their respective immigration status designations (including engaging in activities outside the scope of their status) can result in fines for the individual and for the employer.
iii The immigration authorities
The New Immigration Law and its related procedures are implemented by various agencies that enforce the regulations and policies applicable to all foreign nationals entering Peru; the following are the main agencies:
- the National Immigration Agency, which regulates, monitors and controls immigration policy in Peru. The issuance of visas and foreign identity cards is one of its main responsibilities. Immigration violations are investigated by the National Police (immigration division) and sanctioned by the National Immigration Agency. Immigration representatives are always present at airports, seaports and land borders. The National Immigration Agency has offices in the main cities of the country, including Lima, Arequipa, Cusco and Tacna;
- the Ministry of Foreign Affairs, whose responsibilities include the issuance of visas outside Peru. This includes, most notably, business visas that cannot be obtained at the National Immigration Agency once the foreign national has entered Peru; and
- the Ministry of Labour, which is in charge of the approval of employment contracts with foreign citizens. Obtaining approval of an employment contract is the first step towards applying for a work visa. The Ministry of Labour also regulates and monitors compliance with employment laws applicable to foreign employees.
iv Exemptions and favoured industries
There are no immigration exceptions or favoured industries in relation to particular visas. Nevertheless, exceptions do exist from an employment law perspective when dealing with the hiring of foreign employees.
Generally, it is mandatory for a foreign citizen willing to work in Peru to first sign an employment or services agreement with a Peruvian employer, which the Ministry of Labour must approve. As an exception to this rule, foreign citizens of Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Paraguay and Uruguay are not required to sign employment contracts beforehand. The law stipulates that the term of the contract should not exceed three years, although both parties may indefinitely extend it.
Moreover, as previously explained, the hiring of foreign employees is also subject to two types of limitation: only 20 per cent of the employer's workforce, and no more than 30 per cent of the payroll, may be foreign nationals. However, foreign citizens are exempted from these percentage limitations when they are professional and specialised personnel or management personnel of new companies.
In addition, no restrictions apply to:
- foreign citizens with a permanent visa;
- individuals married to Peruvians or with Peruvian children, parents or siblings;
- foreign investors with permanent investments in Peru; and
- nationals of a country with which Peru has a reciprocal labour agreement, double nationality agreement (e.g., Spain) or bilateral or multilateral agreement (e.g., the Andean Community (CAN)).
International treaty obligations
Peru has executed five important international instruments that have an impact on the immigration of foreign nationals wishing to work in the country. These are the following:
- Andean Community Decision No. 545;
- the Dual Nationality Agreement with Spain;
- the Immigration Covenant with Argentina;
- the Mercosur Agreement on Residence; and
- the Pacific Alliance Framework Agreement.
CAN is a four-country community (Peru, Colombia, Bolivia and Ecuador) established with the aim of achieving more rapid, balanced and autonomous development through regional integration.7
CAN has issued a series of community decisions in recent years aimed at guaranteeing the freedom of movement of people within the territories of the Member States. Most notably for the purposes of this chapter, the Andean Labour Migration Instrument, adopted in June 2003 through Decision No. 545, provides for the progressive and gradual movement of Andean nationals throughout the subregion for dependent job purposes under conditions of equal treatment and opportunities.
As a consequence, CAN Member States such as Peru, whose national legislation provides that only a given proportion of foreign employees may be hired per company, insofar as the number of employees or remunerations are concerned, shall consider Andean migrant workers as national employees for calculating those percentages.
Consequently, labour limits for hiring foreign personnel do not apply to nationals of Colombia, Bolivia and Ecuador. They are treated as Peruvians for labour law purposes.
The same criteria apply for Spaniards, since Legislative Decree No. 689 (Foreign Employees Employment Law) establishes that citizens of countries that have executed dual nationality agreements with Peru, like Spain, will be treated as Peruvians.
These treaties operate as an exemption to the limitations applicable to foreign employees. Nevertheless, this works for labour matters, but not for immigration purposes. In practical terms, these treaties make it easier for Colombian, Bolivian, Ecuadorian and Spanish nationals to obtain employment contracts, because no limitations apply and no approval from the Ministry of Labour is required. Regardless of this, they will still have to apply for a work visa just like any other foreigner.
Likewise, under the Immigration Covenant entered into with Argentina in 2008, Argentinean nationals can obtain temporary resident status before being hired in Peru. In this manner, Argentinean nationals have a specific and simpler procedure to apply for and obtain a work visa and can do so without executing an employment contract beforehand. For Argentinian nationals, this residency lasts two years, but it can be made permanent if they demonstrate their economic viability and prove that they have no criminal record in Peru.
By virtue of the Mercosur Agreement on Residence, the same rule applies to Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Paraguay and Uruguay, whose nationals can obtain a work visa without being hired beforehand. These treaties make it easier for nationals of the aforementioned countries who want to work in Peru as they can obtain a work visa even before having a sponsor in the country.
The Pacific Alliance is a four-country (Peru, Colombia, Chile and Mexico) trade bloc with features of further integration formed in April 2011. At the fourth summit of the Alliance, on 6 June 2012, the parties signed the Framework Agreement of the Pacific Alliance, liberalising trade and allowing free movement of citizens between the four countries. As a consequence, Peru enacted Supreme Decree No. 024-2014-RE, by virtue of which foreign citizens of Chile, Mexico and Colombia are not required to obtain business visas before entering the country.8
It is likely that the Pacific Alliance will result in even greater ease for those travelling to Peru for business or work purposes.
In the same vein, Peru issued Supreme Decree No. 003-2015-RE, by virtue of which citizens of Panama will not be required to obtain business visas before entering Peru.
The year in review
Changes in 2020 have been marked primarily by the covid-19 pandemic.
On 11 March 2020, Supreme Decree No. 008-2020-SA was enacted, declaring a national health emergency for the prevention and control of covid-19 in the country. At the time of writing, the sanitary emergency period has been extended until 2 September 2021.
Generally, this dictates measures to be taken at ports, airports and land entry points. As regards public and private institutions, those in charge of ports and airport administration must adopt the necessary health measures to prevent the spread of covid-19 and those in the migration field must work in a coordinated effort to achieve the effective health control of the immigration flow.
Subsequently, in light of the increasing number of covid-19 cases, temporary closure of the country's borders was declared in accordance with Supreme Decree No. 044-2020-PCM.
In this context, Ministerial Resolution No. 627-2020-MINSA approved special repatriation flights for Peruvians residing abroad, Peruvian students about to begin their studies, Peruvians with a work contract abroad, and Peruvians with urgent medical needs due to serious health conditions or the death of a close relative, which had to be authorised by the Peruvian authorities. Persons entering Peru through these flights had to undergo a mandatory quarantine for 14 days upon arrival in Lima at their designated domicile and present an affidavit on traveller's health.
Ministerial Resolution No. 0642-2020-MTC/01 approved that, as of 5 October 2020, international flights of a maximum of four hours' duration will be reinstated, for which passengers must, among other measures, comply with the following: presenting a negative result of a molecular test performed no more than 72 hours before their trip; and presenting an affidavit of health and travellers' commitment to carry out their isolation or quarantine period. Subsequently, Ministerial Resolution No. 0727-2020-MTC/01, of 1 November 2020, extended the aforementioned provisions for international flights of eight hours' duration.
As a consequence of the second wave of covid-19, Ministerial Resolution No. 968-2020-MTC/01 has suspended passenger flights from destinations with a flight duration of more than eight hours.
Supreme Decree No. 046-2021-PCM and Supreme Decree No. 008-2021-PCM suspend the entry of non-resident foreigners who have been in the United Kingdom, South Africa and Brazil during the 14 days prior to their arrival, including those who have made stopovers in such places. As to persons entering the national territory, to prevent covid-19, they must submit an affidavit on traveller's health and geolocation authorisation from the Ministry of Health; and a negative result of a molecular test performed no more than 72 hours prior to arrival in Peru.
Likewise, all persons entering Peruvian territory must undergo a mandatory quarantine for a period of 14 calendar days from the date of entry into the country. The Peruvian or foreigner under quarantine may request a covid-19 molecular test after arriving in the country. If the result is negative, the person may request the Health Authority to grant epidemiological clearance. Once the person has been discharged, he or she may continue with his or her normal activities without having to comply with the remaining quarantine days.
It is expected that all immigration restrictions due to covid-19 will gradually be lifted over the next month, depending on how the situation evolves, both in Peru and in other affected countries.
As a consequence of the national health emergency, at the administrative level, among others, the following measures were taken:
Superintendent Resolution No. 00014-2020 was enacted on 20 March 2020, adopting measures on administrative procedures regarding migration issues such as the rescheduling of appointments provided by the National Superintendence of Migration, including, but not limited to, matters related to:
- changes of immigration status, and the extension of residence and issuance of resident visas;
- the suspension of administrative time limits, the terms of execution of orders to leave the country and fines for excess stays in Peru; and
- the extension of the terms of special permits granted to foreigners allowing them to leave the national territory and to those who are residents but are outside the country, and the terms of temporary or resident migratory statuses.
Superintendence Resolution No. 000117-2020-Migraciones, published on 5 May 2020, authorises the use of the certificate of emission of foreigners' identity card, certificate of emission of foreigners' identity card for minors, certificate of emission of temporary permit to stay – PTP, and certificate of emission of temporary permit to stay – PTP for minors, in favour of foreign citizens who proceeded to register in the Central Registry of Foreigners, or to obtain duplicates of their foreigners' card and who, due to the social isolation order within the framework of the state of the covid-19 sanitary emergency, were unable to collect the respective documents.
Said certificate must be processed through the official Migrations website and must contain complete data of the foreign citizen and his or her biometric data. The certificates will have the same validity as ID cards, so they can be used for any civil or commercial, administrative or judicial act, or in any case in which holders' identification is required.
They will be valid until the end of the state of emergency and until the issuance of the respective ID card.
Superintendence Resolution No. 000117-2020-Migraciones, published on 7 May 2020, constitutes the Migratory Information Registry, which contains relevant information related to, among other things, admissions and departures of national and foreign citizens; the granting, cancellation and denial of migratory status; and restrictions and impediments to international transit. The purpose is to implement all mechanisms for interoperability with national and foreign institutions in order to provide a quality service to those administered within the framework of the digital transformation undertaken by such institution.
Superintendence Resolution No. 000131-2020-Migraciones, published on 29 May 2020, provides for the creation of the Migraciones Virtual Agency and Migraciones Virtual Bureau of Parties platforms. These platforms will allow the carrying out of various online procedures such as:
- changes of migratory status:
- extensions of residence:
- special travel permits:
- permission to sign contracts:
- registration in the central registry of foreigners:
- obtaining certificates of migratory movement:
- duplicates of temporary residence permits (PTP); and refunds of payments.
In addition, there will be a Virtual Bureau of Migration that will serve to manage appointments and consultations online, among other services.
Foreign citizens who enter Peru seeking employment are subject to the provisions of, inter alia, the New Immigration Law, its implementing regulations and the Foreign Employees Employment Law. This section addresses the most common visas that may be obtained by foreign citizens coming to work in Peru.
i Work permits
Work visas are granted to foreign nationals coming to Peru for the purpose of carrying out remunerated or lucrative activities by virtue of an employment contract, administration relationship or services agreement.9 This rule applies to foreign nationals coming to the country to provide subordinated or independent services to a domiciled employer, either from the public or private sector. In either case, the foreign employee will be subject to the applicable income tax. In addition, the subordinated foreign employee's remuneration will be subject to pension contributions and social security contributions.
The procedure to be followed to obtain this immigration status consists of two stages. For subordinate foreign employees, the first stage is processed by the Ministry of Labour, which is in charge of approving the employment contract executed between the employee and the employer. The procedure is initiated through an application by the employer addressed to the Ministry of Labour. The application should include the following documents:
- the employment contract: the law stipulates that the term of the contract must not exceed three years; however, it may be extended by both parties indefinitely. The foreign employee may sign the employment contract in Peru if he or she enters the country with a business visa, which allows him or her to sign agreements in Peru and, additionally, makes the immigration procedure easier. Alternatively, the employee can obtain a special authorisation for signing contracts if he or she entered with a tourist visa; and
- a sworn statement indicating that the hiring of the foreign employee fulfils all the requirements set out in the Foreign Employees Employment Law (e.g., compliance with the workforce percentage limits, the assumption of the cost of return tickets for the foreign employee and his or her family to their country of origin, among other things) and that the employee is trained or has the work experienced required by the employer.
Although the current Foreign Employees Employment Law does not require the employer to present the employee's diploma or employment certificate confirming he or she has the necessary experience for the job position for which he or she is being hired, employers should still be in possession of the employee's professional degree or diploma, which must be either certified by the Peruvian consulate with jurisdiction over the city where it was issued or apostilled. The employment certificate need not be certified as long it is written in Spanish.
The foreign employee's current or previous employers may use their own forms to extend the employment certificate, but in all cases the employment certificate should accurately describe the work that the employee performed for the employer. If possible, the document should certify that the work was performed for at least three years. Approval of the employment contract takes five working days.
Foreign employees who come to the country to provide independent services are solely required to have an active and valid taxpayer's registration number.
The second stage is processed by the National Immigration Agency. After completing the first stage, the foreign employee must request the change of his or her immigration status from non-immigrant temporary (business or tourist) to non-immigrant resident (work visa).10 For foreign employees, this is only possible when the employment contract does not include a probation period. The application must be submitted to the National Immigration Agency together with several documents obtainable in Peru.11
After a procedure that takes approximately six weeks, the National Immigration Agency accepts the requested change of immigration status and grants the foreign national an identification card. Once the foreign national identification card is issued, the foreign citizen can start rendering either subordinated (by entering the employer's payroll) or independent services.
Designated employee visa
If a non-domiciled employer sends a foreign employee to Peru to execute services in its name, the designated employee visa is applicable. This is very different from the work visa.
This mechanism entails the existence of two companies. The first company should be domiciled in Peru and should carry out work in the country. The second company should be domiciled abroad.
Both companies should execute an agreement for the provision of services by virtue of which the company domiciled abroad agrees to provide certain types of services to the company domiciled in Peru. These services should be of such a nature as to justify transferring individuals to Peru to carry out the total or partial execution of the contractual obligations assumed by the company domiciled abroad in the services agreement.
In this sense, the foreign employee transferred should arrive in Peru with a tourist or business visa and request locally to change his or her immigration status.
For that purpose, it is necessary to submit to the National Immigration Agency (along with several documents obtainable in Peru) a certified copy of the services agreement. Likewise, it will also be necessary to submit the assignment document by virtue of which the non-domiciled company transfers its foreign employees to work in Peru, expressly indicating the term of the transfer. All documents must be attested by the corresponding Peruvian consulate or apostilled. If attested by the Peruvian consulate, these documents must be certified by the Ministry of Foreign Affairs in Peru. If the services agreement is executed in Peru, it is not necessary to legalise the document in this way. In addition, a letter issued by the Peruvian entity is also required.
After a procedure that takes approximately six weeks, the National Immigration Agency accepts the change from tourist or business visa to employee of a non-domiciled company.
The New Immigration Law distinguishes between two types of designated employee: temporary and permanent designated employees.
On one hand, the temporary designated employee visa will be granted to those foreign citizens sent to Peru by a foreign employer to carry out a specific task or to perform a task requiring professional, commercial or specialised technical knowledge, for up to 183 calendar days per year, renewable for the same amount of time. This type of visa does not entitle the employee to obtain a Peruvian resident visa and, therefore, his or her family may not request a family member visa. Foreign employees under this immigration status should pay income tax on their Peruvian-sourced income (while they are considered to be non-resident in Peru for tax purposes).
On the other hand, the permanent designated employee visa will be granted to those highly specialised foreign citizens who are sent to Peru by an international corporation for the repair or maintenance of machinery, systems or mechanisms that are technically complex or advanced, as well as for corporate audits and international certifications, for up to 365 days, which can be renewed. This type of visa entitles the employee to obtain a Peruvian resident visa and, therefore, his or her family may request a family member visa.
If there is advance knowledge of the foreign national's intended arrival (typically no less than three months before), the immigration procedure for the work permit or designated employee visa may be started in Peru, with the foreign national obtaining the corresponding visa before arriving in the country by picking it up in advance at the relevant Peruvian consulate.
Labour market regulation
If a legal immigrant obtains a work visa, he or she acquires the legal right to work in Peru. Working foreigners have the same labour rights as Peruvian employees. Note that foreign nationals are not allowed to be entered on a Peruvian employer's payroll or entitled to perform work assignments for an employer without first obtaining a work visa. Preliminary meetings or visits are allowed.
Work discrimination on the basis of nationality is prohibited in Peru. The Constitution of Peru states that all people have equal rights before the law and that no one may be discriminated against for reasons of national origin, race, sex, language, religion, opinion or socioeconomic or other status. It also states that in labour relations the principle of equal opportunity without discrimination is to be respected. Peru ratified International Labour Organization Convention (ILO) No. 100 on Equal Remuneration on 1 February 1960 and ILO Convention No. 111 on Discrimination (Employment and Occupation) on 10 August 1970.
The Ministry of Labour is the entity responsible for investigating alleged discrimination and it has authority to fine companies that have violated this principle of law. Judicial disputes regarding acts of employment discrimination are typically handled by labour courts. Cases involving constitutionally defined rights, including equal rights before the law and the prohibition on discrimination, may be submitted directly to the constitutional courts. Enforcement of the New Immigration Law, including the legal right to work, is overseen by the National Immigration Agency.
iii Rights and duties of sponsored employees
As a general rule, working foreigners have the same labour rights and obligations as Peruvian employees. Nevertheless, there are some specific responsibilities deriving from the work permit and the residence status of the foreigner.
In practice, the work visa can allow for an indefinite stay in the country, provided it is diligently renewed every year. If the foreign national stays for more than three years, however, it is advisable to apply for a permanent visa. This immigration category allows an indefinite stay in Peru, without having to renew the residence status annually.
Investors, skilled migrants and entrepreneurs
The immigration status of investor is suitable for those foreign citizens who enter the country to settle, develop or manage one or more legal investments.
To obtain the immigration status of investor, it will be necessary to evidence that the investment is equal to or greater than 500,000 sol. The foreign citizen will only be able to be manager or director of a domiciled employer, for which he or she must comply with the applicable labour and tax laws. This particular foreign status will not be counted for purposes of the quotas set out in the Foreign Employees Employment Law. In any event, the foreign national will not be able to prove the investment through a transfer of stock ownership.
The application should be submitted to the National Immigration Agency together with additional documents easily obtainable in Peru. After a procedure that takes approximately six weeks, the National Immigration Agency orders the change to the foreign citizen's immigration status, thereby granting the investor visa.
Foreign investors who follow the aforementioned procedure will obtain the immigration status of investor, allowing the investor to stay for 365 days, which can be extended.
Outlook and conclusions
Efforts have been made to deal with the covid-19 pandemic while achieving effective health control of the immigration flow.
As part of the digital transformation initiated by the National Immigration Agency and accelerated by covid-19, in the past year, efforts have been made to expedite the filing and issuance of foreigners' documentation through virtual platforms.
Thus, visa renewals, changes of immigration status, extensions of residence, exit permits, obtaining immigration movement certificates, signing of documents, among other things, which are usually required by foreign citizens, can now be obtained electronically through the National Immigration Agency. It is also possible to schedule appointments and consultations online.
1 Iván Blume Moore is a senior associate at Rodrigo, Elías & Medrano Abogados.
2 This rule has the following exceptions: Venezuela, Cuba, El Salvador, Guatemala, Haiti, Nicaragua, African nations (except South Africa), Afghanistan, Saudi Arabia, Bangladesh, Bahrain, Bhutan, Cambodia, Iran, Iraq, Jordan, Kazakhstan, Kyrgyzstan, Kuwait, Lebanon, Mongolia, Morocco, Myanmar, Nepal, Qatar, Pakistan, the Democratic People's Republic of Korea, Laos, Sri Lanka, Syria, Tajikistan, Turkmenistan, East Timor, Uzbekistan, Vietnam, Yemen, Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Kosovo and Georgia. Before entering Peru, foreign citizens from these countries will have to obtain a tourist visa in the Peruvian consulate with jurisdiction over the city where they normally reside.
3 Some Peruvian consulates demand additional requirements such as photos, flight tickets, local identity documents, etc. For convenience, foreign citizens should call the Peruvian consulate before going to ensure that they take all the documents required by that particular consular office.
4 Chinese citizens must have a valid visa of at least six months from the Schengen Area, Canada, the United States or the United Kingdom.
5 Indian citizens must have a valid visa of at least six months from the Schengen Area, Canada, the United States or the United Kingdom.
6 To this effect, they should provide the necessary documents that evidence the family bond or dependent status (e.g., marriage certificate or children's birth certificates). In all cases, the documents must be attested by a Peruvian consulate or apostilled. If attested by a Peruvian consulate, the documents must be certified by the Ministry of Foreign Affairs in Peru. If the documents are written in a foreign language, they must be translated into Spanish by an official translator. The translation, for a limited number of languages, may be done in Peru.
9 Note that foreign citizens of Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay and Uruguay are not required to sign an employment contract beforehand.
10 The work visa allows the foreign citizen to stay in Peru for a year, which can be extended. If the foreigner stays in the country for a shorter period, a temporary visa could be requested.
11 The international exchange form, which applies for resident employees, is one of these documents and is obtained through an interview at Interpol in Peru.