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Overstaying your stay as a tourist in Peru and how to pay the fine

Peruvian Overstay Fine for tourists

Overstaying your stay as a tourist in Peru and how to pay the fine

Tourists who stayed longer than the number of days they were given when they entered Peru must pay a fine when leaving the country. While this usually is a simple and straightforward process - at least if you know how it’s done - in some cases there might be the one or other hurdle to overcome.

Content overview

 

How long can I stay in Peru as a tourist

In general, according to the old Foreigner Law, Decreto Legislativo 1350, and the new Foreigner Law, Decreto Legislativo 1582, which was published in November 2023, foreign tourists can stay in Peru a maximum of 183 accumulated days in a 365-day period; so, half a year within a year counted from the first entry.

However, this doesn’t mean you get the full 183 days when you enter the country! The general 183 days per year was and still is limited for most foreign tourists by a publication of the Peruvian Ministry of Foreign Affairs (RREE) issued in 2019 and updated occasionally. This publication allows most foreign nationals to stay in Peru as a tourist for up to 90 days in a 180-day period for touristic, recreational or health purposes; a few can stay up to 90 days in a 365-day period and a handful up to 180 days in a 365-day period.

And as it turned out over the past years, Peruvian immigration officers at the international airports and borders follow the RREE rule strictly. Since August 2021, foreign tourists are only given up to (!) 90 days in a 180-day period when they enter; even those few nationalities who, according to RREE, are allowed to stay longer or who have a “real” tourist visa issued by a Peruvian consulate allowing them the full 183 days only get a max of 90 days.

So, when you enter, in most cases, you get 90 days. But be aware that it’s always at the discretion of the immigration officer how many days he/she is willing to give you. For no obvious reason, you might only get 30 or 60 days; or if you overstayed before or if you stayed in Peru before and try to re-enter the country before your first 180-day period is over, you might as well only get anything between 3 and 30 days or, if you are lucky and haven't stayed the max of 183 days in a year, the full 90 days.

You should as well know that the new Foreigner Law further states that in case foreign tourists don't get the full 183 days upon arrival, an extension can be granted until the 183 days are reached, unless international agreements or conventions determine a shorter period or don't allow extensions.

As till today (end of January 2024) the administrative regulations, called TUPA, necessary for the implementation of the new Foreigner Law still haven't been published, we don't know, which foreign nationals can extend (exception: Bolivian, Ecuadorian and Colombian national already now can extend according to a TUPA from October 2023) or for which nationalities there might be restrictions or when foreigners might be able to extend or how it works.

 

How many days did I get when I entered

After not stamping passports during peak Corona times, in May 2022, tourists entering the country finally got an entry stamp again, making it easy to check how long they could stay in Peru.

entry stamp peru 2022
Peruvian entry stamp 2022

Unfortunately, at the end of May 2023 Peru eliminated the entry stamp again for those entering Peru on international flights and gradually as well for those crossing a land border.

So now, the only way to find out how many days you are allowed to stay as a tourist in Peru, is to ask the immigration officer or, if you prefer a written confirmation check online on the Migraciones website under Consultas en Linea TAM Virtual.

If you need detailed instructions about how to navigate the Consultas en Linea TAM Virtual page, have problems with it or are interested in the TAM/TAM Virtual background story, check out our article “How many days did I get when entering Peru?”. It explains in detail what the TAM and TAM virtual are, where to fill in what on the Migraciones website and gives you as well other options to check the number of days you are allowed to stay in Peru as a tourist.

While during the height of the Corona pandemic Peru eliminated the stamping of passports when entering the country, in May 2022 the entry stamp was...

 

Consequences of overstaying your allowed time as a tourist

Even though overstaying your allowed time as a tourist isn’t criminalized, overstayers aren’t actively pursued and under normal circumstances you don’t have to fear any severe consequences, we highly recommend respecting the rules and regulations in Peru, including the time you can stay as a tourist in the country.

You should be aware that from the day your tourist visa or, if you can travel visa-free to Peru, your authorization to enter and stay as a tourist for a certain time expires you are “illegally” in the country (the Peruvian Foreigner Law says, you are in the country on an “irregular immigration status”). While this seemingly won’t affect you much, there are consequences for overstaying, depending on your situation, anything from just inconvenient to not worth worrying about to becoming a problem to serious.

According to the Peruvian Foreigner Law, Migraciones has four sanction levels in place for tourists overstaying their time: an overstay fine, a re-entry ban, an obligatory departure, and a deportation. In nearly all cases, only the first two apply, while the latter are reserved for severe cases of overstaying, most often combined with other infractions.

Overstay fine

The most known and strictly enforced sanction if you overstay in Peru is the overstay fine. So, if you stay longer than the time you were given when you entered the country, you must pay a fine for each day you overstayed before being allowed to leave.

If you only overstayed a few days or weeks, in most cases, paying the fine shouldn’t be a big deal. However, if you have overstayed months or even a year or more, the daily fine is adding up and being able to pay it might become a problem.

Anyway, if you only overstayed a few days, weeks, or even months, once the fine is paid, you can usually leave Peru with no further punishment.

Re-entry ban

Those having overstayed not for the first time or excessively (we are talking about many months or even years), can additionally be sanctioned with a re-entry ban for a certain time (usually a year or two). If you are forbidden to re-enter Peru for a certain time or not is completely at the discretion of the immigration officer and in a few cases is even put in place for shorter time overstayer. As said, you are at the mercy of the immigration officer.

Obligatory departure and deportation

While Peru isn’t actively pursuing overstayers and you usually can even get through a random police check without anyone bothering to check your immigration status, it is always possible that you are at the wrong time in the wrong place with the wrong people. Being additionally in the country on an expired tourist visa / stay as a tourist isn’t ideal. Even though depending on the circumstances and extremely rarely enforced if you just overstayed, the Peruvian Foreigner Law allows in such cases that the foreign tourist can get a “salida obligatoria” (obligatory departure) notice; so, you must leave the country either immediately or within a certain time frame. Be aware that since April 2023 additionally a re-entry ban for up to 5 years can be imposed. If you don’t leave, you face deportation and, additionally, as well since April 2023, a re-entry ban of up to 15 years.

Even though the salido obligatoria and the deportation are rare when it comes to “normal” overstayers, a corrupt officer might use these options to threaten you, intimidate you or even bring you to the police station, just to then offer helping you out of this unpleasant situation for a certain "financial contribution".

Most common other inconveniences and consequences

Next to these official sanctions, there are a few other inconveniences or consequences that come with overstaying your time in Peru.

Your overstaying is registered in the Peruvian immigration database and when you want to return to Peru later, you might be questioned more intensively than usual or/and you might not get the full number of days tourists usually can stay in the country.

You can’t apply for a resident visa (make a so-called cambio de calidad migratoria from tourist to, for example, family, work, student, etc.) in Peru when you are in the country on an expired tourist visa / stay as a tourist. The only exception is when you regularize your immigration status by applying for a CPP (carné de permiso temporal de permanencia).

Officially, most national airlines won’t allow foreigners on an expired tourist visa / stay as a tourist to fly with them. But as during check-in usually only the passport page with your personal data is checked and as there is no immigration control, how would they know if your tourist visa / authorization is still valid? But you never know. You are at an airport and for whatever reason, you might be picked out of the crowd. It’s a bit of a gamble that many, many others in the same situation won; nevertheless, you could lose.

The same applies to long-distance busses. But here checks are even less likely and less thorough that you shouldn’t have a problem getting around by bus if you are overstaying.

 

How much is the overstay fine

No matter for what reason you overstayed your allowed time in Peru, be it by mistake, due to unforeseen circumstances or intentionally, before being allowed to leave the country, you must pay a fine of 0.1% of an UIT for each day you overstayed.

In 2024, one UIT equals S/ 5,150; so, the overstay fine is S/ 5.15 per overstayed day. Meaning that for each day you overstayed in 2024 you pay S/ 5.15. In 2023, one UIT was S/ 4,950, so, for each overstayed day in 2023 S/ 4.95 are due.

 

How and where to pay the overstay fine

The Peruvian Foreigner Law states that everyone who overstayed their welcome must pay the overstay fine before being allowed to leave the country. You can pay the fine either at the airport before departing or at the border before leaving the country. You as well can pay the fine up to a few days before you are leaving at any branch of the Banco de la Nacion or online on pagalo.pe, the latter even allowing payments many weeks in advance.

However, be aware that by paying the overstay fine in advance, you do not extend your tourist visa / stay as a tourist. The S/ 5.15 per day fine is a penalty fee or fine for staying longer than the number of days you were given when you entered, not a fee for extending your stay as a tourist. And, generally, tourist visa extensions are not possible anymore (exception since October 22, 2023: for foreign nationals, whose home country is a member of the Andean Community, so Bolivia, Colombia and Ecuador).

And no matter where you pay, keep the payment receipt safe, as this is the proof that you already paid your overstay fine. You will have to present it to the immigration officer when leaving Peru.

Paying the overstay fine at the airport

Before the introduction of the online payment platform pagalo.pe (see below) it was common practice to pay the overstay fine shortly before leaving the country either at the airport or border. If you are flying out of Peru from the Jorge Chavez International Airport in Lima, you can still pay directly at the airport. After checking in and clearing the security check, proceed to the immigration control counters like everyone else. There, the immigration officer will calculate the number of days you overstayed and then sends you to a payment counter which is located just opposite. The counter is open daily as long as international flights depart from the airport.

While for years only cash payments in Soles or US$ (the exchange rate is miserable, so best have enough Soles on hand) were accepted, since August 2022 additionally credit card payments are an option. With the receipt, return to the immigration counter.

If you know the number of days you overstayed, you as well can first pay at the counter and then proceed to immigrations with the payment receipt. Usually, that’s it and you are free to leave.

In case you overstayed excessively, meaning many, many months or even a year or more, it might be possible that the immigration officer additionally punishes you with a re-entry ban for a certain time (usually a year or two).

Paying the overstay fine at a land border

At larger border crossings, the procedure to pay the overstay fine is similar to the one at the airport. There you usually can pay onsite. Just proceed to immigrations and either you can pay directly there or you will be directed to the payment counter, get a receipt and return to the immigration officer. Usually, you are then free to leave the country.

However, if you are crossing at a smaller land border post, there might not be the option to pay onsite. So, you are then asked to pay the fine at the nearest local Banco de la Nacion branch, which might not be that near, surely is only open during usual business hours or even shorter, and often has long or even longer lines. So, it might be wise to pay your overstay fine a day or two before crossing the border either at any Banco de la Nacion branch or on pagalo.pe.

Paying the overstay fine on pagalo.pe

If you want to have paid the fine before going to the airport or the border or even well in advance, you can use the Peruvian online payment system pagalo.pe. To use pagalo.pe you first have to create an account. Our article “Paying administration charges and processing fees in Peru” explains in detail how it’s done and how the online payment system works. I recommend reading the article first as among other useful info you find a step-by-step guide for creating an account and one for paying fees and fines including pictures for better understanding below explanation.

All administration charges, processing fees and fines government agencies, public authorities and entities levy in Peru have to be paid at the Banc...

Anyway, to pay the overstaying fine, first log into your pagalo.pe account

How to pay the fine for overstaying on pagalo.pe
To pay the overstay fine first log into your pagalo account

So, enter pagalo.pe and click on Ingresar (1). Then enter your e-mail address and password (2). After clicking on Ingresar you get to the main page and are logged in (3).

Now just click on the search area "Buscar tramite o entidad" and this drop-down list is displayed.

How to pay your overstay fine on pagalo.pe
How to pay the fine for overstaying your allowed time as a tourist in Peru on pagalo.pe

Then click on Migraciones and you get a list with all administrative procedures that you can pay online.

How to pay the overstay fine on pagalo.pe
How to pay the fine for overstaying your allowed time as a tourist in Peru on pagalo.pe

Select 00675 - Multa Extranjeros - Exceso Permanencia (Por Dia) and you get to the Registro de Tasa page.

Pay the fine for overstaying in Peru on pagalo.pe
How to pay the fine for overstaying your time as a tourist in Peru on pagalo.pe

 Now just enter the information required:

  • Concepto: select the year in which you overstayed and for which you want to pay the overstay fine.
  • Costo: After you selected the year under Concepto, the payment amount for this year per day is automatically filled in.
  • Tipo de documento/Numero de documento: Select the document with which you entered Peru (in most cases passport/pasaporte) and enter your passport number.
  • Cantidad: Enter the number of days you overstayed
  • Importe total: After you entered the number of days you overstayed the system automatically fills in the total amount you have to pay.

Then click on Agregar a carrito and you get to your "shopping cart".

Pay the fine for overstaying your stay as a tourist using pagalo.pe
How to pay the fine for overstaying your time as a tourist in peru on pagalo.pe

 Now, just accept the terms & conditions and click on Pagar.

In case you overstayed, for example, at the end of 2023 and at the beginning of 2024, first select on the Registro de Tasa page the year 2023, enter the days you overstayed in 2023 and go to the shopping cart. Accept the terms & conditions, click on Agregar otro pago and you get back to the page where you can select the authority. So as described above, click again on Migraciones, then on the Registro de tasa page select now the year 2024, enter the days you overstayed in 2024 and go to the shopping cart. When you are finished, accept the terms & conditions and click on Pagar.

You now get to the Metodo de pago page. where you can choose your payment method (any Visa, Master or American Express debit or credit card or the app Yape). Follow the instructions. Once the payment is cleared, a receipt is sent to your e-mail address. Or by clicking on the red Banco de la Nacion icon, you can choose to pay in cash at any branch or some ATMs of the Banco de la Nacion with the voucher send to you.

pay overstay fine pagalo6
How to pay the fine for overstaying your allowed time as a tourist in Peru on pagalo.pe

After checking in and clearing the security check, proceed to the payment counter (located just opposite the immigration counters) to have the pagalo.pe receipt verified. You just have to show the person there your payment receipt and you will get another payment slip. Then proceed to immigrations, present your passport and the slip.

Paying the overstay fine at a branch of the Banco de la Nacion

Depending on the branch of the Banco de la Nacion, some request that you first create the voucher for paying the overstay fine on pagalo.pe, while others are fine with you just walking in and once it’s your turn giving the teller your details.

In both cases, you will need your passport (and best a copy of the page with your personal details) as the payment must be registered under your name and passport number. Additionally, if you haven’t created the voucher on pagalo.pe you have to give the teller the authority (for paying the overstay fine it’s Migraciones), the code of the administrative procedure (for paying the overstay fine it’s 00675) and of course the number of days you overstayed.

Before leaving the counter, check the receipt thoroughly. If there is only the slightest inconsistency or a little spelling mistake, the payment might not be accepted by immigrations when you are leaving the country.

 

If you can’t pay the overstay fine

If you overstayed the allowed time as a tourist, you must (!) pay the overstay fine before leaving the country; in most cases, there is no way around it. In case you don’t have sufficient funds to do so, you might be in serious trouble.

According to Peruvian regulations, if you don’t want to pay the fine or can’t, because you simply don’t have enough money, you can be held in custody until someone pays the fine for you or you can come to another agreement with the authorities. While imprisonment for not paying the overstay fine is rare, it can happen.

As you surely don’t want to end up in a holding cell at the airport or in a Peruvian prison, it is highly recommended to somehow sort out your financial difficulties before leaving the country. So, best ask friends or family if they can help, so you can pay the fine and leave.

Or if there isn’t anyone around willing to lend you the money, you seriously overstayed and have to pay thousands of Soles getting in contact with Migraciones explaining your situation might lead to a solution. Migraciones might offer a payment plan or a reduction or could as well allow you to leave without paying the fine but punishing you with a re-entry ban for anything between 1 and 15 years. Another option could be trying to leave Peru using a small border crossing by hopefully being able to bargain down your fine.

All in all, while overstaying in Peru isn't a criminal offense and in most cases - at least at the moment - nothing to deeply worry about, we highly recommend respecting Peruvian laws including the number of days you are allowed to stay in the country as a tourist and if you overstay have the financial means to pay the fine.

 

When can I return to Peru after having overstayed?

Unfortunately, Migraciones hasn’t made public for how long foreigners, who overstayed their time as a tourist in Peru, must be out of the country before they can come back. So, the following is only partly based on official Peruvian regulations.

The official rules for being in Peru as a tourist are quite clear. As explained in detail above under point “How long can I stay in Peru as a tourist” most nationalities can stay in Peru as a tourist for up to 90 days in a 180-day period (so, up to 3 months in Peru and at least 3 months out of Peru) and 183 accumulated days in a 365-day period (so, adding the number of days from all your stays as a tourist within one year counted from your first entry can’t exceed half a year).

However, you should be aware that it’s always at the discretion of the immigration officer you have to face when entering Peru if he/she lets you enter and how many days you are given. You have no right to get a certain number of days, no matter what any law says and no matter if you overstayed before or not. And you are not entitled to being allowed to (re-) enter Peru, no matter if you overstayed before or not. On the other hand, immigration officers, of course, have a certain margin of discretion and can bend the rules to a certain extent if and where they think justified and appropriate. So, the power of an immigration officer can work in your favor or not.

With this being said, it’s impossible for anyone to exactly tell you when you can return to Peru after you overstayed. But we at least can give some general guidelines.

Let’s assume you got 90 days when you entered, but overstayed a few days, a couple of weeks or up to three months, paid the overstay fine and didn’t get a re-entry ban when leaving. Usually, after 90 days in Peru, you should be 90 days outside Peru. So, even though not officially stipulated, we recommend to not return to Peru before the 90 days you should stay outside Peru plus the number of days you overstayed are over. So, if you, for example, overstayed 30 days, return to Peru only 4 months (90 days plus 30 days) after you left. However, if you come back earlier, there are a few ways things can go: either the immigration officer is doing his/her job by the book and doesn’t let you enter (extremely rare) or only gives you a few days or the number of days you have left as a tourist to reach the max of 183 days per year or doesn’t bother at all and just gives you another 90 days.  

If, for example, you were given 90 days when you entered and overstayed another 90 days, you used the maximum number of days you are allowed to be in Peru in a year; so, you can only re-enter one year after your first entry, which is half a year after you left.

Things get even more vague in case you overstayed the maximum allowed time of 183 days per year, as there is no official statement about how immigration officers take the time you stayed longer than the 183 days allowed into consideration. If you overstayed, for example, 4, 5, 6 months you not only simply overstayed your 90 days you got when you entered, but as well exceeded the maximum number of days you can be in Peru as a tourist in a 365-day period. In case you were lucky and didn’t get a re-entry ban, we recommend being outside Peru at least half a year plus the number of days exceeding the max of 183 days you are allowed to be in Peru as a tourist in a year before trying to return.

Just to point out again, it’s always at the discretion of the immigration officer how he/she handles your specific case. Yes, sometimes people who overstayed for a short or long period of time, just left Peru for a few days, returned with no problem, and got another 90 days. Others had to explain and somehow prove their situation (for example, they didn’t manage to finish the preparation work to get married or to apply for their work or family visa), the immigration officer showed empathy, bended the rules a bit and gave them enough time so that they could get married or apply for their visa. But sometimes immigration officers are strict, denying a person who overstayed and/or tried to return before the 180-day /365-day period is over entry.

So, to avoid any inconveniences and punishments of all sorts, we highly recommend not to overstay your time as a tourist. 

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  • This commment is unpublished.
    T · 22/02/2024
    Hi,

    I'm having trouble with the migraciones portal - it says I don't exist so I can't make an online appointment to advise whether I'll be allowed back into Peru, could you help me?

    I first went to Peru in November 2022 for around 3 weeks, then re-enterted for a retreat on 31st December 2022 and ended up extending and staying until 25th March 2023. I re-entered (to help out with a retreat again) end of May and left on 19th September, paying around a 60 pound fine for overstaying. 

    I'm looking to return in the next month - will I be allowed in? They didn't mention anything about a ban, I just paid my fine and went on my way. Each time I entered there was no trouble and they gave me a good amount of time.

    What do you think?

    Thank you in advance.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 22/02/2024
      @T
      Hello T,

      it' always (!!!) at the discretion of the immigration officer if you are allowed to enter Peru and how many days he/she is giving you. So, no-one can guarantee that you are allowed to return to Peru and that you get x-amount of days.

      With this being said, personally I think you should be fine. As you have been outside Peru for half a year when you return in March, you shouldn't have a problem being allowed to re-enter. But as you overstayed before it's completely up to the immigration officer if he/she is willing to give you the full 90 days.

      Greetings
      Eva
  • This commment is unpublished.
    Sebastian · 29/01/2024
    Is it possible to book a meeting with Immigrations to see if you can stay for 183 days without having to leave and return? 
    I'm in Peru for 6 months is my plan.

    Is it a good idea to mention that I'm here working with the natives (Q'eros) and learning from them/supporting? Living and learning with them. Would that make it more possible as an argument or is it also different opinions depending on officer?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 29/01/2024
      @Sebastian Hello Sebastian,

      I see you found our overstay article.

      Yes, you can make an appointment with Migraciones on the Agencia Digital under “Citas en Linea” subpoint “Informes”.

      But as explained in my other reply, as of today, only Bolivian, Colombian and Ecuadorian passport holders can extend their stay; for all other nationalities, there is still no information if they can extend at all, for which nationalities there might be restrictions and how it’s done.

      However, if you want to talk to Migraciones in person about the topic, I highly recommend that you do not tell them that you are working (for that you would need a work visa) or that you are volunteering (officially you would need a cooperante visa). So, if you speak to them, just tell them you are fascinated by Peru and the indigenous communities and want to explore the country and the way of living of the indigenous people for longer.

      But no matter what you tell them as long as the administrative regulations for the new Foreigner Law aren't published I doubt that there is a way for you to extend your stay.

      Greetings
      Eva
  • This commment is unpublished.
    Michael · 07/01/2024
    Hello, thanks for the useful and helpful information about overstaying. How would you know if you were banned from re-entry? Do you know if you get a piece of paper with the ban listed or if they tell you officially? Or could it be as sudden as you overstay, you come back in a year and they tell you at passport control "your records say you overstayed. Sorry that you didn't know, but you were  banned for a year, so we can't let you in?"
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 08/01/2024
      @Michael
      Hello Michael,

      when you overstayed as a tourist in Peru you must pay the overstay fine and present the payment slip to the immigration officer. If you get an re-entry ban, you will be informed and you usually get a document stating for how long you are not allowed to re-enter Peru. As explained above re-entry bans are usually reserved for foreigners who have overstayed not for the first time and/or excessively.

      But re-entry ban or not, it's always at the discretion of the immigration officer you have to face when you come back to Peru if he/she lets you enter the country and for how long he/she allows you to stay. Your overstaying is documented and depending on how long you overstayed and for how long you have been out of the country the immigration officer alone evaluates your case and then allows you to enter (or not).

      Greetings
      Eva
  • This commment is unpublished.
    Angela Yessenia Pajuelo Villon · 11/11/2023
    Hi Eva, thanks so much for all your help in advance. I am in a tricky situation with my German boyfriend right now that I would love that you can help me to understand please. 

    He arrived for the first time to Peru the August 18th 2022 and stay until September 9th 2022. Then he came back from March 24th until April 16th 2023. So, if I understand you perfectly, for this first 365 days period everything would be OK because he stayed only 45 days in total on the country as a tourist.

    Now, he came back on 25th September 2023 and show his return flight scheduled for the 15th of March, that's achieved the rule of the 180 days in the 365 days period of time. So, we think that everything was OK and he can stay without be irregular until that day, meanwhile he looks for a job that allows him to stay regularly in the country. However, and thanks to your articule, we notice in the Online TAM migration service that the migration officer give him only 90 days in the country, despite he told him that he will stay until march 2023.

    We want to know what it does mean? Does he need to go out of the country after the 90 days period the officer gave him and then come back to Peru after 90 days outside the country? Or, does it exist a way to extend that 90 days to the 180 days in the migration services system? I read something about extension of a migration deadline but I don't found information to see if this will apply to our case. Also, we found the information about the temporary residents permit (CPP) but I know that that was available until yesterday November 10th because I work in a NGO that helps migrants and refugees people. So, that will be an option neither. 

    A lot of people also tell us that we can go out of the country for some days and came back and start over tha 90 days, but for what I read in your articles and comments it doesn't a true option because we will depend, again, to what the migration officer decide. 

    I hope you can help us with some advice. Thank you so much in advance. 

    Angela
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 11/11/2023
      @Angela Yessenia Pajuelo Villon
      Hello Angela,

      While I can't actively help you and your boyfriend, I try my best to explain the Peruvian regulations in place at the moment, point you in the right direction and, of course, answer your questions.

      First some general info about the regulations in place that are important for foreign tourists. According to the Peruvian Foreigner Law, Decreto Legislativo 1350, article 29.1 h (follow the link and download the law or see attached screenshot), tourists can stay in Peru for 183 days per year. However, since June 2019, a publication issued by the Peruvian Ministry of Foreign Affairs (RREE), which is only really enforced since August 2021, limits or better divides the allowed 183 days per year into two times 90 days in a 180-day period for most foreign nationals, who can travel to Peru visa-free (incl. Germans). Either download the RREE publication on the government website or see second attached screenshot.

      But, be aware that foreign tourists are not entitled to the full 90 days per half year or the full 183 days per year. It's always at the discretion of the immigration officer how he/she evaluates the situation and how many days he/she is willing to give a foreign national. In your boyfriends case this can be beneficial and detrimental.

      Keeping this in mind, you are right the time he spent in Peru from August 2022 to August 2023 is fine, no problem here. And when he entered on September 25, 2023 a new 180-day period and a new 365-day period started.

      As explained above, when your boyfriend entered in September he got the maximum days (90) allowed. So, he must leave Peru latest on December 24 and then, at least according to the official regulations, stay outside Peru until his 180-day ends, which would be March 23, 2024. Officially, only then can he re-enter the country and get another 90 days.

      But, we are in Peru; nothing is really set in stone and at least to a certain extent up to the immigration officer.

      With this being said, since August 2021, there are no tourist visa extensions anymore (exception: since October 22, 2023 foreign nationals from member countries of the Andean Community can extend their stay as a tourist again; all other foreign nationals not). So, no option for your German boyfriend.

      The extension of a Migraciones deadline, you mentioned, only applies to foreign nationals, who already applied for a temporary or residence visa in Peru and need more time to present required documents. So as well, no option for your boyfriend.

      The Permiso temporal de permanencia (CPP) ended on November 10, 2023 and a few months back it was announced that it won't be extended. If this is 100% certain, I don't know. And the CPP wouldn't have been an option for your boyfriend anyway, as he would have had to be in the country on an irregular immigration status (so, an expired stay as a tourist) on May 10, 2023. But as long as I follow Peruvian regulations, which is now nearly 20 years, there always has been some sort of way to regularize your immigration status, however on an irregular basis. Might be worth a shot to check with Migraciones, if the CPP is extended or something else put in place in the furutre.

      Depending on your boyfriend's plans and uncertain situation (can he find a job in time? Does he want to continue to frequently come to Peru as a tourist), I highly recommend that he is not overstaying. In case he can't find a job in the near future and must return to Peru as a tourist, having overstayed will make re-entering the country even more difficult. Let's assume he overstays until March. That means that not only he has the overstay on his record but also used all the allowed days for a whole year and could only return after September 25, 2024.

      So, what are options? Honestly, and I'm sorry, not a lot and surely not what you are hoping for.

      Your boyfriend must find a job until December and apply for his residence visa latest on the day his stay as a tourist expires. Or if he found a job and has a legally signed work contract but is running out of time and can't apply before his stay as a tourist expires, he could leave and return a few days later. When he shows his work contract he most probably will get at least the days he needs to apply for the visa.

      If your boyfriend hasn't found a job until December, he could leave and return in March when his 180-day period is over. Not sure, if he has a current „Führungszeugnis Verwendung Ausland“ (German equivalent to the Antecedentes policiales, penales y judiciales) with him, which he needs to apply for a work visa or any other residence visa in Peru. As he must get this document from the Bundesamt für Justiz in Germany and have it apostilled in Germany, these three months back home could be used to get it.

      Or as people told you already, your boyfriend could leave Peru in December and then try to return a few days later. If he is lucky, he might get another 90 days as he hasn't stayed the max allowed 183 days per year. 

      But, if the immigration officer does his job by the book, he could be denied entry as he already stayed the allowed 90 days per half year or might only get 30 days or whatever the immigration officer is willing to give him. If he wants to take that risk is up to him. 

      Additionally, even if he gets the full 90 days then he only has until around end of March to find a job and apply for a work visa (to apply for a residence visa he must be in the country on a valid stay). If this doesn't work out, then again he used all his days for a year and most probably only can come back after September 25, 2024. So, it's a gamble as well.

      Are you Peruvian? Or a foreigner with resident status? Have you considered getting married? Even though time is an issue if you marry your boyfriend he could apply for a family visa. Honestly, if your boyfriend can't find a job soon that would be the easiest solution.

      Wishing you and your boyfriend all the best

      Greetings
      Eva

    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 14/11/2023
      @Angela Yessenia Pajuelo Villon
      Hello Angela,

      I might have good news that could solve your boyfriend's problem.

      Today a new Foreigner Law was published (decreto legislativo 1582, see attached screenshot) allowing extensions again. Migraciones hasn't published the corresponding procedures, but might be worth to check it out.

      Greetings
      Eva
    • This commment is unpublished.
      Angela Yessenia Pajuelo Villon · 14/11/2023
      @Sunflower Hi Eva, thank you so much for your detail answer and this update of the new migration law. There are good news. Hope that soon the minister say how to ask for the extension of the 90 days that he received or it will be automatically. Thank you so much again Eva. Greetings, Angela.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 15/11/2023
      @Angela Yessenia Pajuelo Villon
      Hello Angela,

      yes, generally these are good news. 

      But read the legal text carefully. It states that foreign tourists can stay in Peru for 183 accumulated days in a 365-day period. However, it further describes that in case foreign tourists don't get the full 183 days, an extension can be granted until the 183 days are reached, unless international agreements or conventions determine a shorter period or don't allow extensions.

      I don't know for which nationalities there are agreements or conventions that might restrict the extension. That's the reason I recommended to look further into the topic depending on your boyfriend's nationality.

      Greetings
      Eva
  • This commment is unpublished.
    Jeff Chauvet · 25/10/2023
    Hello sunflower, I am hoping you can advise me. I am currently residing in Peru . I first came to Peru 5 years ago with my spouse. Who is a Peruvian citizen. I lived here together with my spouse for 21 months . I left Peru, paid my overstay fine. No problems . I came back to Peru 18 months later stayed for 30 days, and returned to the US. In May of 2022 . I returned to Peru 10 months after leaving . I was given a 90 day stay. It was my intention to apply for a Rentista visa, so I could live here permanently. I did everything required to apply for my Rentista , including the fees. Unfortunately my proof of income , and my FBI check were not notarized, as required. To do this I must travel to the US to get this done. I can pay the overstay fine . My concern is not being able to return to Peru immediately after accomplishing my goal. I do not wish to risk being away from my family. I am contemplating just remaining in Peru, to find another way to get the apostilla accomplished. Start the process over of obtaining my Rentista. Paying my fine, and start the procedure over. What do you think. ? I get stopped at roadblocks frequently, and I own a car, and show my passport numerous times, and it has not been a problem. I am retired, and I just want to live out my years without fear, and accumulating a fine daily, thanks for listening. Jeff
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 25/10/2023
      @Jeff Chauvet Hello Jeff,

      Did I understand correctly that you are in Peru since May 2022? Back then you got 90 days as a tourist and your stay as a tourist is now expired since August 2022? So, you are now in Peru on an expired stay as a tourist for more than a year?

      First of all, yes all documents issued abroad not only need to be notarized they must get an Apostille, which in most cases can only be done in the country where they were issued. Federal documents issued in the US must be apostilled by the US Department of State, Office of Authentications in Washington, DC.

      Then, you should be aware that you can only apply for a resident visa, so for example, for a rentista visa or possible in your case would be a family visa as well, when you are in the country on a valid stay, for example, as a tourist. So, as your stay as a tourist is expired, right now you cannot apply for any resident visa. And as tourist visa extensions aren’t possible, your only way to become legal in Peru again, is to leave the country and return. (there’s one exception, I will explain below).

      Even if you pay your overstay fine, the immigration officer might additionally punish you with an re-entry ban as you excessively overstayed. Or if you are let go with just paying the fine, you might not be allowed to re-enter upon your return a few months later.

      Nevertheless, you have three options left:

      Leave Peru and when you have all documents for the visa application with Apostille together, try to re-enter. Depending on the immigration officer you have to face, explaining your situation, showing your marriage certificate proving you are married to a Peruvian and/or your documents for the visa application might help that you are allowed to enter. But nobody can guarantee that. You could be denied entry.

      Leave Peru and when you have all documents together, apply either for a rentista visa or a family from abroad. Usually, this procedure is used by foreign nationals you cannot travel to Peru visa-free, but actually everyone can apply from abroad. The requirements are nearly the same as when you apply in Peru, but the process is a bit different. While you won’t stand at the airport and probably be denied entry, the approval process takes anything between two to 4 or 5 months. So, quite a long time, but once you have your visa, which after approval is issued at a peruvian consulate, in your passport you can be sure that you can return to Peru without any problems. The process is explained in our article Peruvian residence visa application from abroad.

      And then you have the option to regularize your immigration status while remaining in Peru and apply for a Permiso Temporal de Permanencia. However, you must be quick in doing so as, when I remember correctly, this special option ends on November 10, 2023. And you must have been irregular (so on an expired stay as a tourist) on May 10, 2023, which isn’t a problem for you. You find more information and the requirements, which are easily met (no you don’t need the background check and no other documents from the US and no Apostille for anything) about the Permiso on the government website.

      The advantage of the Permiso is that you can become “legal” in Peru again without having to leave the country. You as well are allowed to work and are entitled to social security. The Permiso is only valid for one year and then you either must leave the country or must apply for a resident visa. So, once you have the Permiso, the one-year validity would give you enough time to sort out the documents you need from the US and then, when it’s about to expire (or before) make a so-called cambio de calidad migratoria either to a rentista visa or family visa. The only downside when being in Peru on the Permiso is that you can only leave Peru for 3 times 30 days and that each time you have to apply for a travel permit. This might not be convenient, but the Permiso could immediately make your life in Peru legal and you would have enough time to sort out the for the resident visa application necessary documents.

      I wish you all the best.

      Greetings
      Eva
  • This commment is unpublished.
    Max · 28/09/2023
    If you received an entry ban would they let you know? Or is there a way to find out? I overstayed a couple months and when I left I just paid the fine and the immigration officer didn’t say anything, he just handed me the receipt and my passport. 
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 28/09/2023
      @Max
      Hello Max,

      the immigration officer would have quite clearly told you that he/she is giving you an entry ban because of your overstay and normally would have handed you a document stating the time you are not allow to return to Peru.

      If he just accepted the receipt for paying the fine and let you go, all is good.

      Greetings
      Eva
  • This commment is unpublished.
    Scott · 05/09/2023
    How do you count the days that you have been in the country? Is it the day you arrive and then count from there? or is it something else? I'm trying to count the days I've overstayed. 
    Thanks in Advance
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 05/09/2023
      @Scott
      Hello Scott,

      I see you found our overstay fine article.

      Anyway, yes, the day you arrive is the first day and from there just add the number of days you were allowed to stay. All days after that are overstayed days for which you have to pay S/ 4.95  per overstayed day in 2023.

      If you have any problems, just give me the date you arrived, how many days you were given and when you leave and I will calculate the number of days you must pay for.

      Greetings
      Eva
  • This commment is unpublished.
    Calvin Donohue · 04/08/2023
    Hi there. I’m in a tough situation myself and I am nervous about my ability to re-enter. I arrived to Peru to live with my girlfriend last September on September 22, 2022. I then left on December 2, 2022 to come back to America. I returned to Peru on March 20, 2023 and left again on June 16. I then returned again July 3 and when I returned, they told me that I told have 4 days left to be legal in Peru, which is because they have a rule that states you can only be in the country 90 days for each calendar year(I did not see this listed on this website, im assuming the rules have changed?) and they did not mention anything about leaving for at least 90 days after being here for 90 days or only being allowed 183 days in a 365 day period. The immigration officer told me I would not be able to re-enter the country this Calendar year meaning I would not be able to go on a trip to Mexico I had planned from July 24 until August 11. I assumed this meant I would be fine to leave the country on December 24 and return  March 10, 2024, as I have a trip to Asia planned then but now I’m having doubts after reading this page. I feel like I have tried everything but I can’t get any visas since I’m already illegal and I’ve even looked into the possibility of marrying my girlfriend in order to obtain a marriage visa but I can’t even get married since I’m illegal here. When I call the migrations team, they don’t know the answer when I ask if I’ll be able to re-enter the country next March and they told me I could try to marry here and get my marriage visa but they weren’t even informed enough to know that I can’t marry since I’m illegal, which I just learned about from a lawyer I have been in contact recently. The next time I talk with him I will ask him about my situation but I was wondering if you had any advice or information you could also give me. I know it’s a lot and a crazy situation and I’m worried because I could have to be away from my girlfriend for 8 months until she finishes university next December of 2024 and we have been living together for the last 10.5 months so this would be really hard for us. I’m thinking if when I return to Peru, if they see I am a really genuine guy who made a genuine mistake but doesn’t even plan on living in Peru for much longer(until December 2024) and intends to get married as soon as possible, and really doesn’t want to be away from his girlfriend, they will side with me and be generous. What do you think?

    Calvin Donohue
    21 years old
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 04/08/2023
      @Calvin Donohue Hello Calvin,

      I’m not sure what is going on at immigrations at the airport (and no, as far as I know there have been no changes recently), but the immigration officer you had the pleasure of talking to doesn’t seem to know the rules and regulations.

      According to the Peruvian Foreigner Law Decreto Supremo 1350 foreigners can stay in Peru as a tourist for 183 days per year. See Titulo IV, Capitulo I, article 29 h on page 60 of the document or screenshot below. However, already in June 2019, a publication of the Peruvian Ministry of Foreign Affairs (RREE) limited or better divided the general 183-day per year to 90 days in a 180-day period.

      So today, most nationalities who can travel to Peru visa-free, can stay 90 days in half a year. If you check the RREE publication under North America and United States it says 90 days. See on the Peruvian government website or screenshot below) Unfortunately, it doesn’t say 90 days in a 180-day period but as well not 90 days in a 365-day period. And practice has shown that US passport holders can stay in Peru as a tourist 90 days in a 180-day period and 180 days per year.

      Even though it’s not the first time over the past year that people tell me that immigrations at the airport told them they can only stay 90 days per year, I never found anything official in writing about this rule. And the time tourists can stay per year is not calculated per calendar year, as you were told. The days are counted from the first time you entered Peru. So, if you entered Peru for the first time on September 22, 2022, the 180-day period and the 365-day period are counted from that day and not from January 1 to December 31.

      But no matter what any rule or regulation says, it’s always at the discretion of the immigration officer you have to face if he/she allows you to enter, how he/she evaluates your case, and how long he/she allows you to stay. And even Migraciones can’t guarantee you that if you leave the country and try to re-enter that you are let in again. You have no right to stay in Peru the full 90/180 days, it’s always up to the immigration officer.

      Another thing is that some immigration officers are doing their job by the book and in case you already stayed 90 days as a tourist, leave the country and try to return before your 180-day period isn’t over won’t let you enter or only give you a few days. Other see it differently and let you re-enter allowing you to stay another 90 days, however then you have used all your days for a year, so until your 365-day period is over.

      With this being said, you entered on September 22, 2022, and left December 2, 2022; so, you stayed 71 days. Your first 180-day period ended on March 21, 2023.

      So, when you re-entered the country on March 20, 2023, you were a day too early, but this shouldn’t be a problem. You stayed until June 16, 2023, so 88 days. Your second 180-day period ends on September 16, 2023; your 365-day period September 22, 2023.

      When you re-entered on July 3, 2023, neither your 180-day period nor your 365 period were over. However, I honestly have no idea how the immigration officer came up with you only having 4 days left. If he/she only checked your second 180-day period, you would have only 2 days left, but if he/she checked the last year (so, your first and second 180-day period or your current 365-day period from September 22, 2022 to September 22, 2023) there would have been still 21 days left for you to stay.

      Regarding your possible marriage. Here as well, Migraciones wouldn’t know if you can marry when in the country on an expired stay as a tourist. It’s up to the municipality where you plan to marry. Some municipalities require, for example, a permit to sign contracts, so you can legally sign the application form and your marriage certificate. But Migraciones only issues this permit when you are in the country legally. Other municipalities don’t care about it and let you get married. But even if you are married, you still couldn’t apply for a family visa when being in the country on an expired stay as a tourist. However, leaving and re-entering would most probably be not such a big issue as your then wife has the right to “family union” and usually in such cases most immigration officers respect that right and at least should give you enough days to apply for a family visa. However, be aware that if you go that route once you have the residence visa, you must be in Peru for at least 183 days per year, otherwise you will lose your status.

      Then, honestly, I’m a bit confused about your canceled and future travel plans. Are you really considering overstaying until December 24, 2023? That would be 174 days, nearly all the days you would have in your second 365-day period, which should start in September 2023 and end in September 2024. Not a wise decision. Then, when you try to return in March 2024, there’s a high probability that you are denied re-entry.

      Right now, I only see one (easy) option to regularize your immigration status and be with your girlfriend until she finishes her studies in Peru; and that’s the so-called Permiso de Permanencia. This permit allows foreigners who are in Peru on an expired stay as a tourist to apply for a temporary residence permit. You don’t have to leave the country to become “legal” but can apply when being in Peru on an expired stay, the requirements are easy to fulfill and you can get all necessary documents in Peru (no criminal record check from your home country with Apostille, which you need to apply for any other residence visa). Once approved, the permit is valid for one year (sometimes it’s issued for two years) and cannot be extended. After the one (two) year(s) you must either leave the country, which wouldn’t be a problem as you plan to do so anyway, or you then can apply, in your case, for a family visa, which in case your plans change wouldn’t be a problem as it would give you enough time to get your documents together. You even can work in Peru and have access to the public health insurance system.

      However, the Permiso de Permanencia as well has one drawback that could be problematic if you want to be outside Peru from December 2023 to March 2024. Once you have it, you can only leave the country with a special travel permit. This travel permit is only issued three times per year and each time only for a max of 30 days.

      Greetings
      Eva
    • This commment is unpublished.
      o · 21/09/2023
      @Sunflower Thank you so much for taking the time to reply! I'm in a similar situation and this is very helpful
  • This commment is unpublished.
    mike · 28/07/2023
    my return flight to the Uk leaves one day after my 90 days expires...will this be a problem or do i simply pay a fine at the airport, or will it be ignored due to the amnesty
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 28/07/2023
      @mike Hello Mike,

      I moved your comment from our Extension of a Migraciones deadline article, where it doesn't belong as this extension, for example, applies to foreigners who are in the process of applying for a residence visa, here to the Peruvian overstay fine article.

      Anyway, overstaying by just a day, won't cause any trouble. If you are lucky, the immigration officer you have to face when leaving will just wave you through (by the way the amnesty does not apply to foreigners who are in Peru as a tourist and overstayed their time; it applies mainly to resident foreigners who haven't extended their residence visa on time).

      In case the immigration officer counts differently or does his/her job exactly by the book, you might be asked to pay the S/ 4.95 for the day you overstayed.

      Greetings
      Eva
    • This commment is unpublished.
      mike · 04/08/2023
      @Sunflower
      Thank you Eva, that relaxes me. I was asked on entry why i needed 90 days...on explaining that with my daughter we raised funds for supplying clean water to indigenous villages she seemed happy to give the 90. Due to rerouting my flights from the UK via Spain instead of the USA my time here turned out to be 91. As we pay our own costs and all funds go to a real grass`roots project the migrations to date have always shown they support what we do.
         Thanks for your great work and your understanding answers during the time of 'restrictions'.
            Mike
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 04/08/2023
      @mike
      Hello Mike,

      you are more than welcome.

      Would you mind if I wrote you an e-mail? I have an idea how LimaEasy could promote/support your grass roots projects.

      Have a good weekend
      Eva
  • This commment is unpublished.
    MS · 06/07/2023
    Hello Eva/Sunflower, A really informative blog - great job!  I have one question.  I entered Peru on Jan 7, 2023 as a tourist and was given 90 days (USA nationality) so until April 6.  However, I fell gravely sick with both Guillain-Barre and Covid on March 17 and was treated first in a private clinic, then to Government Hospital and then back again to private hospital.  I was finally discharged on May 17 (total 2 months in hospitals) and since then, I am going thru lot of physiotherapy and exercises to regain strength. 
    On May 26, we submitted an application for "Carnet Extranjera for Vulnerable People" - its still in process and status is unknown.  However, I want to go visit my 88 year old mother who herself is sick too.
    The question I have is: if I leave before the Carnet application is decided on, would I have to pay the fine or should I show all the paperwork (Migraciones + hospital treatment) to the immigration officer and see if they might waive the fine?  Many thanks for any guidance you can give.  Kind regards.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 07/07/2023
      @MS Hello MS,

      I’m glad to hear that you are doing better.

      I have to admit that I’m not up to date with the Visa Especial por Vulnerabilidad, in your case, I assume, based on “grave enfermedad”, including the exact application and approval process.

      However, in general, when you applied for a visa in Peru you cannot just leave the country during the evaluation and approval process, but before your departure must apply for a travel permit, called Permiso especial de viaje or also Autorización de estadía fuera del país. If you don’t apply for this authorization before you leave, your visa application is canceled. I assume (!) this as well applies if you want to travel outside Peru during the processing time of your Visa Especial por Vulnerabilidad. application.

      The question now is how you get the travel permit. If nothing changed and if I remember correctly, the application for the Visa Especial is done completely differently than “normal” resident visa applications and at the end of the application you only get a “numero de registro” and not the “numero de expediente” (2 letters and 9 numbers), which usually is assigned to your case later during the evaluation process, but which you need to apply on the Agencia Digital for the authorization to leave the country as described in our article “Travel permit”.

      So, you should get in contact with Migraciones best using the video call option on the Agencia Digital and ask if and how you can leave the country during the processing time and, if applicable, how to apply for the travel permit.

      And, be aware that on the day you applied for the visa your time as a tourist stopped. So, if you leave Peru with a travel permit you do not have to pay any fines for overstaying.

      Wishing you all the best.

      Greetings
      Eva
    • This commment is unpublished.
      MS · 07/07/2023
      @Sunflower Thanks for the very fast and informative reply, Eva/Sunflower - I appreciate it :)

      We applied for the Special Permit at Trujillo local office and got a RECIBO stamp with a 3-digit number, which I guess I can use to apply for a Travel Permit.

      I am going to go away for a while (like 6 months) so applying for a 30-day Travel Permit will NOT help in any case.  As I see it, I either get the Carne Extranjera before I leave or don't get it (because process is delayed or canceled).  In case I get it before I leave and then I go away for 6 months, is that allowed?  How many days can I stay outside Peru if I have the Carne Extranjera?  Many thanks again,

      MS
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 07/07/2023
      @MS
      Didn't know that you want to leave Peru for such a long time. Then yes, you only have two options: wait until you have your carné (not only the approval of the visa but the carné) or cancel your application and leave and probably return later as a tourist.

      If you cancel your application you have, when I remember correctly, two weeks time to leave the country.

      If you try to leave the country while you are still waiting for the approval of your visa and didn't apply for the travel permit (no, you will need a numero de expediente and a verification code for it - talk to Migraciones!), you might get problems at immigrations at the airport.

      If you get your carné before you leave, you can stay outside Peru for a max of 183 days per year.

      Greetings
      Eva
    • This commment is unpublished.
      MS · 08/07/2023
      @Sunflower Wonderful, Eva/Sunflower!  You are a living encyclopaedia on things Peru.  I wonder if I could impose on you at some point to get a worker sponsored for an ONG (ONG is already setup).  Please let me know on my email.  Thanks again.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 08/07/2023
      @MS
      Thank you so much for your praise.

      I sent you an e-mail.

      Get well, have a nice trip home and whenever you are ready send me a message.

      Greetings
      Eva
  • This commment is unpublished.
    Tyler · 20/05/2023
    Hi,

    I was in Peru for 87 days from November 5, 2022 to January 31, 2023. I re-entered Peru on May 17, 2023 (flight in Lima) but was only given 30 days because the immigration officer said:

    "Foreigners are only allowed to stay in Peru for 90 days a year and you're not actually allowed to enter the country, but I will still give you 30 days."

    My understanding was that I could legally spend 3 months in Peru and 3 months out. I understood that this was at the discretion of the officer, but not that I could only spend 3 months in a year (365 day period). The officer was originally giving my 90 days and then changed it after checking when I was previously in the country and told me that I was supposed to wait until November 5, 2023 to re-enter. He also told me that I could overstay but I'd have to pay a fine as described in the article.

    1. Is there a law or government website to reference showing I'm only allowed to stay 90 days in a year or 90 days in 180 day period?

    2. If I were to leave after spending my 30 days, would a different officer likely give me 66 days (183-87-30)? And how long should I wait to re-enter?

    3. If I overstay by 30 days how long should I wait to re-enter?

    4. If I get a new passport will the database show I was previously in the country or that I previously overstayed?

    Thank you!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 21/05/2023
      @Tyler Hello Tyler,

      You haven’t mentioned your nationality, but most foreign nationals, who can travel visa-free to Peru for tourism, can stay up to 90 days in a 180-day period and a max of 183 days per year.

      The Foreigner Law Decreto Legislativo 1350, article 29.1h clearly states that in general foreigners can stay in Peru for tourism for 183 days in a 365-day period. A publication issued by the Peruvian Ministry of Foreign Affairs restricts this general rule depending on your nationality. So, best enter the website of the Peruvian government, download the list and check what it says for your nationality.

      Often you find 90/180 which means 90 days in a 180-day period. In some cases it only shows 90 (for example, for US nationals) which gives room for interpretation. Some argue it means that US nationals get 90 days each time they enter (no, that isn’t the case as experience shows), others (me included) that it means 90 days in a 180-day period as most other nationalities as well (which is what experience over the past 2 years shows) and others say it’s 90 days per year. The latter doesn’t make any sense as there are a few nationalities on the list where it clearly shows 90/365 which means 90 days in a 365-day period and we know from other US nationals coming to Peru for tourism that they are allowed 180 days or two times 90 days in a year.

      But no matter what any law or regulation says, it's always at the discretion of the immigration officer if he/she let's you enter the country and how many days he/she is willing to give you. You are not entitled to get the full 90 days or the full 180 days.

      With this being said, answers to your questions:

      1. No, I don’t know any official source showing that foreigners are only allowed to stay 90 days in a year. For the 90 days in a 180-day period see links and explanation above.

      2. You surely won’t get 66 days when you leave and return, but – depending on the immigration officer you have to face – you could get another 60 days.

      3. Personally, I can’t and won’t recommend to overstay. Your overstaying will be registered in the Migraciones database and will pop up every time you re-enter the country. So, if you are planning to travel to Peru as a “tourist” frequently and want to get the most days possible, better respect the days you were given. And no-one can tell you how long you should wait to come back to Peru after you have overstayed as unfortunately, Migraciones hasn’t published how they take overstayed days into consideration when foreigners try to re-enter. However, if you only overstayed 30 days (so in total you stayed 147 days; 87 during your first trip, 30 days that were given to you when you entered in May and another 30 days you consider overstaying) you should still have 30 days left until November 2023 when your 365-day period ends.

      4. I don’t know if by now Migraciones has updated their system,. But as far as I’m aware (the information is probably half a year old) foreigners entering the country as a tourist are registered and searched for by their passport number. So, if you enter with a new passport you should have a “clean record”.

      Greetings
      Eva
  • This commment is unpublished.
    john boyce · 13/04/2023
    ok , i will look into those options.  thank you so much for your help and advice 
    kind regards 
  • This commment is unpublished.
    john boyce · 13/04/2023
    hi there , yes thats what i thought  but the woman said that in addition to the interpol document, i also needed written confirmation from my country of residence that I had no criminal record there. It seems like they think i am applying for something more than just a temporary work visa, though that is what i applied for. In any case i am not in a position to return within 30 days  but I don´t want to have to want 7 months either. So what is likely to happen at the airport when i say that my application is still in process but it will be cancelled now that i am leaving without the "authorisation to leave"? and how can i prove that my application is still in process at that point ? i guess they can see probably see that for themselves right?
    regards

    they say that its still in process but it will be denied soon if i dont produce the required document.

    so will i have to pay a fine for the entire period i overstayed or just from date on which my application was denied ? I am leaving on the 20 of May ,and not in a position to change that now. Like i say , i will get over the fine but based on what i have read here i would not be able to return for seven months (6 months plus an extra month for overstaying beyond the maximum 183 days in any 12 month period
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 13/04/2023
      @john boyce Hello John,

      I made one comment of your three separate ones. Makes it easier to follow and answer.

      If you really applied for a temporary work visa, the reply from the lady at Migraciones is, as so often, strange. Either she didn’t get that you applied for a temporary work visa or she didn’t know about the current legislation or something changed and wasn’t made public anywhere (I searched for this change for hours and couldn’t find anything).

      The Foreigner Law Decreto Supremo 002-2021-IN (page 33, article 75-C) clearly states that one of the requirements for applying for a temporary work visa is a sworn statement that your don’t have a criminal record, “Presentar declaración jurada de carecer de antecedentes penales, policiales y judiciales en el Perú y en el extranjero.” (see attached screenshot). The law is from 2021, so things could have changed.

      But in the current TUPA (valid since July 2022 usually for a year), the administrative procedures which include the conditions and requirements applicants have to fulfill to apply for a visa, you find for the temporary work visa on page 95 the same; you need a sworn statement that you don’t have a criminal record. (see second screenshot attached below).

      And on the government website the same; you are required to present a sworn statement that you don’t have a criminal record (see third screenshot).

      On the other hand Migraciones can request additional documents at any time.

      The question is if you have in writing that you need a criminal record check from your home country. Did they send you an official notification in your buzon electronico or was this just said during your chat with Migraciones? And the next question is if you still want to have your temporary work visa?

      The answers to these questions will determine my recommendations.

      First of all you can always check the status of your application here. When you leave the country the immigration officer as well can check in his system if your application is in process or denied. Nevertheless, I would bring printed copies of all your documentation.

      If you don’t bother about your current application and want to leave the country without a travel permit, I don’t know how the immigration officers handle such cases. Never heard of anyone doing it. So, I honestly can’t tell you what happens and I do not know if and how much fine you have to pay and if they let you return some time later and how many days they allow you as a tourist then. Sorry.

      If you want to keep your application, and got an official notification in your buzon asking to upload a criminal record check or denying your application because of the missing criminal record, you can file a protest with Migraciones explaining that you applied for a temporary work visa and according to the Decreto Supremo, the TUPA and the government website (as linked above) no criminal record check is necessary just a sworn statement that you don’t have a criminal record. This will keep your application running, depending on how quickly Migraciones replies 2 to 4 more weeks or even longer.

      This might be wise doing even if you don’t bother about your application as then you can and should apply for a travel permit before leaving Peru. This way the approval process of your application is still ongoing and you shouldn’t have a problem and shouldn’t have to pay anything when leaving.

      You said that you can’t return within 30 days, which usually means that your application is canceled anyway. But upon your return to Peru, you can present all the documents from your work visa application, explain the problems you had during the application and apologize for not returning in time. If you are lucky the immigration officer will let you enter and your application won’t be canceled. Otherwise he/she might tell you that you must enter as a tourist and re-apply. But if you are friendly and have all documents for your work visa application on hand, most probably the immigration officer will let you enter giving you enough days to re-apply. Another reader just recently reported that he excessively overstayed during his first visit in Peru, left the country and returned a week or so later explaining his case and showing his work contract with a Peruvian company and all other documents required for the visa application and he got 90 days. So, just be nice and polite and hope for an understanding immigration officer.

      Greetings
      Eva
  • This commment is unpublished.
    john boyce · 12/04/2023
    hi there 
     I arrived in Peru on oct 25 2022 , and applied for a temporary work visa just before my 90 day tourist visa ran out. I had a video call today with migrations who told me my application could not proceed because I didn´t present a particular document from my country of residence. A document I cant get without returning to Europe. I have a flight out of lima scheduled for May 20th, at which point i will have overstayed my 90 days by four months and my max of 183 days by a month. Is there any point in trying to explain my situation at the airport ? not so much to avoid a fine, but so i don´t have to wait six months or more to return.
    regards 
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 12/04/2023
      @john boyce
      Hello John,

      you applied for a temporary work visa? Correct? Then I really wonder which document you need from your home country? Except for your passport all other requirements for a temporary work visa are documents you get in Peru. You may want to check out our Work visa article. If you applied for a resident work visa then yes, you would additionally need the Antecedentes (criminal record check) from your home country, but this is not a requirement for the temporary work visa.

      Anyway, was your application denied? Or is it just "on hold" at the moment and still in the process of being approved (or denied)? That's important to know.

      You should be aware that on the day you applied for your temporary work visa, to be precise on the day you applied for the change of your immigration status from tourist to temporary work (cambio de calidad migratoria) and got the confirmation of your application (Registro de solicitud de cambio de calidad migratoria) with the Numero de expediente (file number), the Fecha de publicacion (application date) and a Codigo de verificacion (verification code) your time as a tourist in Peru stopped.

      Since that day you are not a tourist anymore and still not a (temporary) visa holder. As you applied for the temporary work visa before your stay as a tourist expired you haven't overstayed your allowed time as a tourist.

      If your temporary work visa application was denied, then you usually have 15 days to leave the country. No overstay fine has to be paid as you applied before your stay as a tourist expired and you leave before the 15 days are over.

      If your visa application is still in the process of being approved (or denied), which I understand from what you described,  then as well you don't have to pay anything when you leave. However, you can only leave Peru during the processing time of their visa application with a special permit, which is called Autorización de Estadía fuera del País, otherwise your application is canceled.

      So, if you want to keep your application, you must apply for the "authorization to leave the country during the processing time of your visa application" before flying out of Peru. It's a simple and straightforward process which should be done around 3 days before you leave (if it doesn't work, you can as well do it at the airport). The process is explained in our article Travel Permit.

      Greetings
      Eva

      P.S. What I forgot to mention: have two printed copies of your travel permit; you have to hand the first copy to the immigration officer when you leave Peru and the second copy when you return to Peru so you won't have a problem with being allowed to re-enter and worry about how many days you get.
  • This commment is unpublished.
    Myri · 20/03/2023
    Hello, I arrived in Peru a while ago but I'm trying to see if there's a way to avoid the fine leaving the country. My passport didn't get stamped. How can they track the day of my arrival? Thanks.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 20/03/2023
      @Myri Hello Myri,

      If you overstayed the allowed time as a tourist, you must (!) pay the overstay fine before leaving the country; in most cases, there is no way around it. Not having an entry stamp and Migraciones, as you hope, not knowing when you entered, won’t exempt you from paying as they most probably know exactly when you came to Peru.

      It can have two reasons why your passport wasn’t stamped when you entered Peru. The first is harmless, the other one, regardless of the overstaying, might cause serious inconveniences for you. As you unfortunately only wrote that you “arrived in Peru a while ago”, I don’t know which one applies to you.

      During the height of the Corona pandemic, so from October 2020, when Peru resumed air travel, until May 2022, Peruvian immigrations didn’t stamp passports of foreigners entering the country. In June and July of 2022 some passports were stamped others not. But while foreigners who entered the country as a tourist didn’t get a stamp in their passport, their entry and the number of days they were allowed to stay was automatically registered in a Migraciones database. So, if you entered during that time frame, it’s nothing unusual that you don’t have an entry stamp and Migraciones just has to scan your passport and immediately gets the info when you arrived. And even if you came to Peru later, it also can be that an immigration officer just forgot to stamp your passport, but hopefully still correctly registered you when you entered.

      So, to check if you were correctly registered, you should have a look at your so-called TAM virtual. You can do this on the Migraciones website under Consultas en Linea TAM virtual.

      In the drop-down list choose your travel document, in most cases this will be the passport (pasaporte) and enter the passport number. Afterwards, select in the drop-down list your nationality; be aware that the names are in Spanish, so you won’t find, for example United States or US, but have to look for EE.UU (Estados Unidos); or no sign of Germany, so select Alemania, etc.

      Then just enter the day you entered Peru and the captcha. Click on “Verificar” and you should immediately get your entry in the Migraciones database showing your personal data, the day you came to Peru and the number of days you were given when you entered. That’s part of what the immigration officer will see when he/she scans your passport.

      If you get an error message, there might be a problem with your registration which isn’t good.

      Anyway, if the Migraciones website doesn’t show your TAM virtual, open the Agencia Digital, the Migraciones online platform, choose “Extranjero” (foreigner), fill in required personal data (passport and number, birthdate, nationality (names are in Spanish), date of entry) and the captcha and then click on “Verificar”. On the next page you find on the left the point "Consultas en linea"; click on it and choose "TAM virtual". Then select "personal" and enter your personal data (passport and number, date of entry and “entrada” as requested. Click on “Siguiente” and the system should show you a page with your personal data, the day you entered, and the time you are allowed to stay.

      If you get an error message here as well or the screen remains blank, chances are that you not only didn’t get an entry stamp but weren’t registered correctly when you entered. Really not good and this won’t let you off the hook not paying the overstay fine. It causes you more problems.

      A few months ago someone entered Peru by bus, when I remember correctly, coming from Ecuador. When this person tried to fly out of Lima airport a couple of weeks after entering, the immigration officer couldn’t find this person in the database and there was no stamp in the passport either (which the person hadn’t noticed). So, this person was denied leaving the country as he could have entered Peru illegally. Even though not his fault, he had to apply for a “Regularización de movimiento migratorio” proving that he crossed the border legally. The whole process took over 4 weeks until he finally was allowed to leave. So, nothing to look forward to, especially if you additionally overstayed (excessively?).

      Anyway, I hope that you entered Peru around or before May/June/July 2022, therefore didn’t get an entry stamp but were correctly registered and just have to pay the overstay fine. If you don’t have enough money to pay, ask family or friends to help you out. If this doesn’t work for you, getting in contact with Migraciones is inevitable. Explain your situation and hope that they offer you a feasible solution. Migraciones might offer a payment plan or a reduction or could as well allow you to leave without paying the fine put punishing you with a re-entry ban for anything between 1 and 10 years. Another option could be trying to leave the country using a small border crossing and hopefully being able to bargain down your fine or even slipping through without anyone noticing your overstay.

      Wishing you all the best
      Eva

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