Legally Speaking: How to get resident status in Peru
5 Hours ago
By Sergio Vargas and Maureen Santucci
Peru this Week is proud to present our new legal blog: Legally Speaking.
Presenting Peru this Week's new legal blog: Legally Speaking— Everything you wanted to know aboutimmigration, weren't afraid to ask, and still couldn't get a straight answer. Published every second and fourth Monday of the month
By Maureen Santucci
If there's one thing I know from being a foreigner living in Peru for more than five years, it's that it's hard to find straight answers about immigration questions. And, worse, when you do get a straight answer, it's often full of misinformation, regardless of how well-intentioned it was.
Recently beginning the process of obtaining Peruvian citizenship, I have become more acquainted with this situation than ever. However, I've been fortunate to have one of the rarest and most valuable encounters in the world- I've met a lawyer who is both trustworthy and an expert in his field.
Knowing that there are a lot of you out there with questions, we are helping to create this blog with Living in Peru. In the coming weeks, we'll be writing articles on immigration law, and other legal themes of interest. In addition, you can send your own personal immigration questions to legallyspeaking@livinginperu.com. Some answers will be published and we'll try to get as many others responded to as possible.
This week, we will start by presenting the general immigration situation in Peru.
Immigration in Peru
By Sergio Vargas
Translated and adapted by Maureen Santucci
Most visitors to Peru can enter the country with a simple entrance stamp/tourist visa in their passports upon entry. The maximum amount of time that you can be given is 183 days (six months), however, you will typically need to request that if you are considering staying that long.
Technically, this is the maximum amount of time (total) that you can spend in the country each year as a tourist. In practice, many foreigners have lived here for years, simply going over one of the borders to get a new stamp if they don't have visits home planned.
Although to date, one can still do this, many report that controls at the borders and airports are getting tighter and it is likely that the ability to do this is going to end shortly. In addition, anyone who has had this experience of frequent border crossing can attest to how uncomfortable it can be, especially having a life in-country and never knowing how many days you will get on your return.
Also, it is well to remember that there is actually no legal reason that you HAVE to be let into the country.
Other people make the decision to simply stay in Peru illegally and pay a fine of US$1 per day that they stay beyond the date stamped in their passports. Obviously, this can add up for those who have opted to stay years beyond that date and then try to exit the country.
Amnesty for foreigners with overdue visas
Recently the Peruvian government decided to extend an amnesty to those foreigners who entered the country legally before Dec. 31, 2011 and whose visas are now overdue. This includes those who have Carné de Extranjerías that are not up to date.
However, you must begin this process prior to 7 MAY, 2014. For this reason, this will be the first subject that we cover in detail in the following week. If you need urgent help with this matter, you can email Sergio Vargas directly at: vargascrimi@nvcabogados.com.
For those who know they plan to be here for some time as well as those who want to receive some benefits, such as the ability to work legally, it's best to find a legitimate way to receive residency. This is kind of like getting green card status in the U.S. You won't be a Peruvian citizen but, as long as you keep your residency up to date, you can stay in the country with no need to run for the border.
An additional benefit is that, once you have had your Carné for two years, you can, should you so desire, apply for nationality. Bear in mind, that you should check your own country's requirements before making this your goal, as some countries require that you give up your birth nationality.
If you've been considering getting resident status and have tried to find out information online, you've likely gotten extremely frustrated. A lot of what you find online is opinion, not fact, and even at that, it's outdated information. Unfortunately, the laws regarding immigration can – and often do – change frequently.
That's where this blog comes in. Working with an expert in immigration law, Sergio Vargas, our goal is to give you not only the facts that you can find on the Peruvian immigration website, but also helpful tips and advice on the advantages and disadvantages of various immigration options.
Sergio Vargas has 19 years experience, with a specialization in immigration law, as well as tax and corporate law. In this capacity, he has helped people from more than 25 different countries to obtain residence in Peru. For more information, visit his website or Facebook page.
Maureen Santucci, originally from the U.S., has made Peru her home for more than five years. She writes for Fodor's Travel Guide as well as various travel blogs when she isn't escaping off to the mountains to hike or treating patients in her acupuncture clinic.
Coming up next time: How to take advantage of the amnesty law and obtain legal residence in Peru.
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