Immigration Categories

A brief description of corporate immigration categories by assignment type follows. Note that the processes presented here are applicable for “non-restricted” nationals, i.e. foreign nationals who do not require a consular visa to enter the country under visitor/tourist status. The appropriate immigration category or status for your employees will depend on their specific situation, as well as on the type of labor activities they will be performing in Peru. There are several immigration categories available for Peru, such as the Resident-Worker Visa, the Temporary-Worker Visa, or the Appointed-Worker Visa. The most common category for corporate transfers, in our experience, is the Resident-Worker Visa. For details on non-typical categories not listed below (investors, special programs, etc.), or for cases involving “restricted nationals”, please contact your Emigra Worldwide representative.

  • Resident-Worker Visa (Visa de Residente-Trabajador):  This type of immigration status can be issued for employment purposes only. The foreign national will be registered on the payroll of the local Peruvian company, and a labor contract is required. This visa can be processed pre-arrival or post-arrival. The pre-arrival process is the more compliant of the two options.

Typical Process Overview

The following process overview is applicable to the category Resident-Worker Visa completed pre-arrival.  Approximate overall processing time from the time the first step is submitted to the time the employee is legally authorized to work in Peru is seven (7) to eleven (11) weeks. However, please note that lead time for document gathering at the start of the process should be factored in. In Peru, the document-gathering stage of the process is particularly labor-intensive, as many documents must be legalized and translated by official translator. We can assist with this, if required. See “Application Materials” section below for further details.  Processing time for each individual step is noted below.

Pre-Application:  Document Procurement & Legalization
Processing Time:  Dependent on case, allow at least four (4) to six (6) weeks

Typical documents required include application letters, powers of attorney, university degrees, a certificate of experience, and a signed labor contract.

All foreign documents and those signed outside of Peru must be legalized abroad in the country of origin and officially translated into Spanish in Peru, as applicable, in preparation for Step One (1). This process should be started immediately in order to not delay the case.

NOTE: The labor contract must be signed by the Peruvian company and by the employee.  If the contract is signed outside of Peru, it must be legalized, along with the rest of the foreign documentation.  If signed in Peru, the employee must enter the country using a business visa or must secure a special permit signing contracts once in Peru.  Emigra Worldwide is available to assist with obtaining the permit, if necessary.

Step One:  Labor Contract Application
Processing Time:  Approximately five (5) to seven (7) business days

Our Representative can file the labor contract and other required documentation to the Peruvian Ministry of Labor (MTPE) for review. Upon approval, the Ministry of Labor issues the needed certificate to proceed with Step Two (2).

Step Two:  Resident-Worker Visa Pre-Approval (for assignee)
Processing Time:  Approximately four (4) to six (6) weeks

An appointment to file the Resident‐Worker Visa application must be secured in advance. Emigra Worldwide can assist with requesting the appointment at the appropriate time. Once all documentation is ready, our representative can file the application and justifying documents with the immigration authorities on the day of the appointment. Upon approval, the authorization is sent to the Peruvian consulate abroad where the applicant will apply in person to receive his or her corresponding visa.

IMPORTANT NOTE: The employee must not be present in Peru on the day the application is filed and must not enter the country until the visa is secured at the Peruvian Consulate abroad.

Step Three:  Consular Visa Application (personal appearance required)
Processing Time:  Approximately two (2) to ten (10) business days

We can start monitoring the status of the communication with the consulate and, once the authorization is received, we can reconfirm requirements. At this point, the applicant is able to apply in person for the Resident-Worker Visa. Peruvian consulates normally require a personal appearance by the visa applicant. Once the Resident-Worker visa is received, the visa holder will be able to travel to Peru to complete the post-arrival process.

Step Four: INTERPOL Clearance
Processing Time: Approximately five (5) business days

Once in Peru, the assignee must first register with INTERPOL in Peru.

Step Five: Identification Card for Foreigners (“Carnet de Extranjería”)
Processing Time: Approximately one (1) business day

Once the Interpol background clearance is issued, Emigra Worldwide can arrange an appointment for the employee to visit the Immigration Department to secure his or her Identification Card for Foreigners (“Carnet de Extranjería”). Upon receipt of the ID card, the assignee will be fully authorized to work and reside in Peru and to be placed on local payroll.

Step Six: Dependent Resident Visas (if applicable)
Processing Time: Approximately six (6) to ten (10) weeks

Once the employee receives his or her ID Card for Peru, the dependents’ residence process may be initiated, if applicable.  This will be a post-arrival process to be carried out completely in Peru and will not require a consular application.

IMPORTANT CONSIDERATIONS:

  • Every time a foreigner residing in Peru leaves the country, he or she must present BOTH the passport AND the ID Card for Peru, along with a Declaration of Taxes, informing the immigration official at the port of entry/exit of the Resident-Worker Visa, ensuring that the initials WRA be stated in the passport.
  • If the employee remains outside of the country for longer than 183 calendar days, consecutive or accumulated, within a period of twelve (12) months, once the Resident-Worker Visa is secured, he or she could lose the immigration status in Peru as a resident-worker, negatively impacting the renewal of the residence authorization.
  • Additionally, foreigners residing in Peru must pay the annual foreigner’s tax during the first three months of every year.  If the tax is not paid in a timely manner within the first three months, fines are applied.

Typical Documents Obtained

Following the pre-arrival process for the Resident-Worker Visa as described above will yield the following immigration documents.  Typical validity is noted next to the document name.  For details on the renewal process, please see the next section, “Renewal.”

  • Certificate of Work Contract Approval: Varies from one (1) to three (3) years, depending on company preferences and assignment length
  • Resident-Worker Visa:  One (1) year
  • ID Card for Foreigners (“Carnet de Extranjería”): One (1) year

Renewal

  • Resident-Worker Visas and their respective dependent visas are issued with an initial validity of one (1) year and may be renewed.  Subsequent one (1) year renewals are typically available as long as the applicant has met the requirements of the visa.
  • Companies should allow up to six (6) to eight (8) weeks to process Resident-Worker Visa renewals. We can inform you about expected processing time on a case-by-case basis.

Deregistration

To ensure that assignees and their families, if applicable, leave Peru after the expiration of their permission to stay and to keep tabs on the number of foreign workers in the country, the government of Peru requires all applicants to complete the following deregistration process upon departing the country:

Employee:

  1. Host Company Legal Representative must sign a Departure Notification letter, which Emigra Worldwide’s Representative can submit to the Ministry of Labor.
  2. The Immigration Department must be notified, and ID cards, returned.
  3. A letter from the assignee is needed, as well as guarantee letters from another individual residing in Peru (this may be a company representative, colleague, or friend of the assignee).
  4. The passport will be required to request “definitive exit” authorization.

Dependents:

  1. The Immigration Department must be notified, and ID cards returned.
  2. Letters from the assignee are needed for each dependent.
    1. The Spouse will need to sign his/her letter.
  3. The passports will be required to request “definitive exit” authorization.

Dependents

Dependent immigration status approval depends on the immigration status of the principal applicant (main visa holder).  Where the principal applicant is in Peru under a Resident-Worker Visa, the following rules apply for dependents:

  • Minimum age (spouses):  N/A
  • Maximum age (children): Eighteen (18)
  • Unmarried partners:  Not permitted
  • Same-sex partners:  Not permitted
  • Non-traditional dependents (e.g. parents):  Biological parents recognized as dependents; must present Birth Certificate to prove family relationship. Other non-traditional dependents may be permitted under some circumstances; evaluation must be made on a case-by-case basis
  • Work authorization granted:  No

Application Materials

Application materials vary depending on the immigration category being requested and on the specifics of the case. We will advise you in detail for your specific case; however, general application materials for the Resident-Worker Visa category are noted below.

  • A variety of personal and corporate documents will be needed to support the application.
  • Such documents include: copy of passports, company letters, employment contract, current resume (C.V.), university diplomas, powers of attorney, birth and marriage certificates (for dependent applications, if applicable), certificates of experience from the home company, etc.
  • All documentation must be submitted in Spanish, and foreign documents must be legalized in the country of origin by Apostille or by the respective official Peruvian consulate, as applicable. We can assist with the translation and legalization requirements.

Business Visitors

  • Name of visa granted:  Business Visa; in general, must be secured from Peruvian Consulate abroad.  Some nationalities may be eligible for receiving a Business Visa status on arrival. Please contact your representative for more details for your specific situation.
  • Duration of stay:  Generally, up to 183 days granted on arrival; varies according to nationality and at the discretion of the immigration official at the port of entry.

Change of Status

Change of Immigration Category is possible for all nationals. This process is filed once the assignee is in Peru with a business visa or as a tourist. It does not involve any consular process. The assignee cannot work while the application is in process. This process currently requires approximately eight (8) to eleven (11) weeks from the time the first step is submitted to the time the employee is legally authorized to work.

Salary and Payroll

Salary and payroll requirements vary depending on the immigration category and on the specifics of the case. In Peru, there are minimum salary requirements in place.  Payroll location will affect the immigration process.  Please contact your representative for more details for your specific situation.

Qualifications

We strongly recommend at least one (1) year of experience.

Red Flags

  • An absence of university degree, relevant experience, or sufficient compensation can complicate Resident-Worker Visa applications.
  • The assignee may not be present in Peru while the Resident-Worker Visa Pre-Approval application is processing and until the consular visa is obtained.
  • Unmarried partners cannot receive dependent status.
  • The Immigration Department of Peru will also examine the Employer’s ratio of foreign to local workers.

Penalties for Non-Compliance

The Peruvian government takes immigration non-compliance very seriously.  Penalties for non-compliance range from fines to deportation and even imprisonment, if applicable.

Employee Penalties:

Employees working in Peru without the proper authorization may face fines, with the amount at the discretion of the authorities; a negative record with the Immigration Department leading to cancellation of ongoing or future applications; and possible deportation.

Employer Penalties:      

Employers may face fines and may incur a negative record with the Peruvian authorities leading to restrictions on the ability to sponsor foreign workers for immigration processes.

For more details, please contact your representative.

Bilateral Agreements

  • Argentina-Peru
  • CAN (Andean Community)
  • Mercosur