• Decree Codifies and Clarifies Law Implementing New Immigration Categories
  • May 10, 2017
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • A new decree effective immediately codifies the changes resulting from a law implemented earlier this month, clarifies the rules for the Temporary Appointed Worker Visa and Residence for Appointed Worker Visa categories and implements changes. A communication containing guidelines and directives regarding the changes is expected within approximately 60 days.

    Key changes outlined in the decree are explained below. All other provisions mentioned in the previous alert remain the same.

    Temporary Appointed Worker Visa

    The decree specifies that the validity of the visa is 183 days and that it must be collected within 30 days of issuance.

    Residence for Appointed Worker Visa

    This decree specifies that foreign nationals under this category cannot perform remunerated activities in Peru or receive income from a Peruvian source and is granted for one year, with the possibility of renewal.

    Worker Family Visa

    The decree specifies that this visa option, under which dependents can work, is also available for children over 18, and clarifies that the visa validity period is one year for dependents of resident foreign nationals or two years for foreign national dependents of Peruvian nationals.

    Permanent Visa

    This visa will allow foreign nationals who have resided in Peru for three years, instead of the previous two years, to apply for indefinite residence rights in Peru.

    Peruvian Local Identification Card Details

    The decree specifies that the validity of Peruvian Local identification cards for temporary residents will be four years.

    Once the validity period has expired, the foreign national must request a new identification card.

    Permanent Visa holders will be eligible for a Peruvian Local identification card valid for five years, or three years for dependents.

    Foreign nationals must update the following information within 30 days of the change:
    • Photograph;
    • Biometric data;
    • Residential address;
    • Civil status;
    • Employer information; and
    • Educational institution information.
    What This Means for Employers and Foreign Nationals

    Foreign workers should benefit from the simplified immigration categories and should contact their immigration professional to discuss related process changes and other categories not mentioned above.

    The Peruvian Immigration Office has approved the penalties section of the related law. Therefore, foreign workers should be aware of the penalties listed in the previous alert and should work with their immigration professional to ensure compliance with the new law.