- This commment is unpublished.· 28/03/2023@Christopher Hello Christopher,
I’m not sure how long it takes the Ministry of Labor to approve work contracts at the moment, but you still have nearly two weeks. So, for now I would wait, pray and hope for the best.
If the approval of your work contract doesn’t go through in time, you have two options.
You could leave the country and return (already a few days) later. I usually don’t recommend this option as there is always a (in your case slight) risk of being denied re-entry. However, even if you end up at the counter of a grumpy immigration officer who’s trying to give you trouble, explaining calmly and friendly your situation and showing all your documents already prepared for your work visa application (Ficha de Canje from Interpol, criminal record check with Apostille and translation, work contract, …) should do the trick and you should get at least enough days allowing you to apply for your work visa. A week or so ago another foreigner, who as well had trouble with his work contract and left and returned a few days later, informed me that upon his return the immigration officer was super friendly and told him, as he has a valid work contract, he has the right to enter Peru. I don't know if this is true. Anyway, he got another 90 days.
If you leave, take your wife and son with you, so they get a new stamp in their passport as well hoping they give them another 90 days which hopefully is enough for your work visa to go through.
Another option is to apply for your work visa without the work contract which is only possible with playing the system a bit. Make sure that you apply for your work visa when your stay as a tourist is still valid!To understand the following, check out our Work Visa article under Step-by-step guide to apply for a work visa in Peru.Follow the steps as described until you are on the “2nd page of the work visa application”. Here you must fill in some data and/or upload all for the work visa application necessary documents as PDF.
The problem is that under one subpoint you must (!) upload your approved work contract. It’s an obligatory field. You can’t leave it blank as the system won’t allow you to continue with the application. So, you could upload your work contract without the approval of the Ministry of Labor. Then continue to upload all other required documents and finish the application process as described above.
At the end of the process, you get the Solicitud de Cambio de Calidad Migratoria with the “numero de expediente” (your file number), the "fecha de publicacion" (application date) and a "codigo de verificacion" (verification code) and your access to your Buzon. As soon as you get this your time as a tourist stops and you are safe.Now, depending how quickly Migraciones reviews your application there are two scenarios:
As you haven’t uploaded your work contract with the approval of the Ministry of Labor as required, Migraciones will send you a notification (can be as quick as a few days after your application or a month, two or three later) using the Buzon electronico requesting to upload, in your case, the work contract correctly approved. Be aware that these notifications are considered officially delivered. Usually, Migraciones only gives you a short deadline of 5 to 10 days to upload the requested document. So, check your Buzon regularly. You must react to the notification, otherwise your application could be canceled.
As by then you will have the contract with the approval just upload it as described in the notification (you do it on the main page of the Agencia Digital in the left menu under Subsanacion).
As you will have your approved contract shortly after your application and most probably before you hear from Migraciones and as Migraciones only accepts approved work contracts that are not older than 30 days when uploaded, you should try and upload it immediately after you get it.As far as I know, after your application you should find on the main page of the Agencia Digital in the menu on the left the point “Subsanacion” where you should be able to upload the contract even though Migraciones haven’t requested to do so yet. Another option is to upload it under Mesa de Partes, but I was told by other foreigners that this didn’t work for them or that Migraciones didn’t get the document and a few weeks later asked to upload the document again, this time under Subsanacion.
So, both options have their pros and cons. Which way you go is up to you.
- This commment is unpublished.· 29/03/2023@Sunflower Thank you so much Eva, that is very reassuring that the other gentlemen was able to get a new 90 days when reentering the country. I think we have decided to go that route which leads me to another couple of questions. Our passports expire in September, so we decided to leave the country by going back to the US in order to renew our passports and be back in peru after about 3 weeks to a month.My questions are:
- This commment is unpublished.· 29/03/2023@ChristopherAnd your questions are???Somehow your comment is cut off ....GreetingsEva
For years, it wasn’t possible to extend your tourist visa / (for those who can travel visa free to Peru) once you entered Peru) temporary authorization to enter as a tourist. This changed in May 2018 and quite a few tourists extended their stay. However, in August 2021, things have changed back; so tourist visa extension aren't possible at the moment anymore.
- Tourist visa extension in Peru, May 2018 to March 2020
- Tourist visa extension in Peru, March 2020 to August 2021
- Tourist visa extension in Peru from August 2021 until today
- Overstaying as a tourist in Peru
To understand what's going on with tourist visa extensions in Peru, first some important background information about the situation from May 2018 to March 2020 and from March 2020 to August 2021, and then the current, unpleasant situation since August 2021.
Tourist visa extension in Peru, May 2018 to March 2020
From May 15, 2018 to March 2020, when Covid hit Peru, tourists who got less than the from the 2017 foreigner law allowed 183 days in a 365-day period when entering the country could extend their tourist visa, for those you can enter Peru visa-free the "temporary authorization to enter and stay as a tourist" (which is nothing more than an entry in the Migraciones database while in Peru quick and easy online. The procedure was and still is called "Prórroga de Permanencia - PRPL". However, it seemed that the online extension process was only supposed to work for South American nationals according to bi- and multilateral agreements and Migraciones was a bit surprised to find that all nationalities, some with problems, could suddenly extend online.
Back then, the platform to extend a “tourist visa” was embedded in the Migraciones website - where you still, however unfunctional, can find it - and didn’t work properly. While some foreigners could extend without any problems, others got seemingly never-ending error messages from “no data record found”, to “information of the bank receipt not found”, to “requested extension days invalid”. If the problems were just the result of bad programming or that the system supposedly only was intended to work for some nationalities - which makes sense to me and seems plausible as the Banco de la Nacion payment code with which you paid for the extension under "prorroga permanencia" explicitly stated that this option is only for South Americans - we will never know.
Anyway, in June 2019, it got a bit more complicated - welcome to Peru. The Peruvian Ministry of Foreign Affairs quietly published an updated list showing which nationals need a "real" tourist visa issued by a Peruvian consulate before coming to Peru and which nationals can travel visa-free to Peru and for how long. With this new publication, the general rule to be allowed to stay 183 days in a 365-day period became outdated for most nationalities.
So suddenly and mostly unnoticed, next to Schengen State nationals, many other nationalities including, for example, US and Canadian nationals were only allowed to stay for up to 90 days in a 180-day period. Immigration officers increasingly applied the new regulations from the Ministry of Foreign Affairs, giving many nationalities only the for their nationality allowed 90 days upon entry, which resulted in an increasing number of visitors in need of an extension and challenging the system.
Please see our PDF " Visas for Peru by country and allowed length of stay" at the end of this article to find out how long you can stay visa-free in Peru - this PDF is an English translation of the original from the Peruvian Ministry of Foreign Affairs which can be found here.
Tourist visa extension in Peru, March 2020 to August 2021
Then, in March 2020, Covid hit Peru, borders and airports were closed from one day to the other and thousands of tourists were stuck in the country for months. The Peruvian government assured all visitors that they can stay in the country, even with an expired "tourist visa" without having to fear any reprisals. As long as Peru is under the State of Emergency “tourist visa” extensions wouldn't be necessary and all overstaying fees would be waved. Additionally, visitors would get a 45-day grace period to leave the country after the State of Emergency is lifted.
Then in mid-2020, Migraciones - back then all offices were still closed - introduced a completely new online platform for Peruvians and foreigners, the Agencia Digital. Since then foreigners can for example change their immigration status (so apply for or change their residence visa), extend their residence visa, apply for different permits (such as the permit to sign contracts), check the status of several procedures, etc. online. One menu point of the Agencia Digital is named “Prórroga de Permanencia”, so the extension of your temporary stay which technically includes the tourist visa / authorization to enter as a tourist.
However, in March 2021 the Supreme Decree 002-2021-IN, which updated and partly changed the Peruvian foreigner law (Decreto Legislativo 1350) from 2017, and in July 2021 the new TUPA (Administrative Procedures of the National Superintendency of Migration), which establishes new administrative procedures under the jurisdiction of the National Superintendency of Migration, was published. Both new texts lack any information regarding tourist visa extensions and only establish the rules and regulations for extending "real" temporary visas, such as a temporary student visa or the temporary work visa.
Tourist visa extension in Peru from August 2021 until today
Despite still being in a State of Emergency, in mid-August 2021 Migraciones announced that - with air travel being possible for months now - the grace period for foreigners being in the country on an expired tourist visa /authorization to enter as a tourist is over. Starting August 20, 2021 foreigners who are in the country on an expired tourist visa / authorization to enter as a tourist have to pay the overstay fee of S/ 4.40 (0.1% of an UIT) per day they overstayed when leaving.
Furthermore, it was communicated that at the moment, the "tourist visas" of those that are already in the country are not extended anymore. Those visitors only have the option of leaving Peru or applying for a temporary or permanent residency.
Visitors who entered Peru in or after August 2021 might have noticed that they only got 90 days, which - except for a few nationalities - is now the number of days most foreigners are allowed to stay in Peru on a "tourist visa". See below pdf document "Visas for Peru by country and allowed length of stay - October 2021" in the attachments.
And even today (September 2022) nothing changed. Tourists still can NOT extend their tourist visa / authorization to enter as a tourist anymore.
Overstaying as a tourist in Peru
So, if your allowed time as a tourist in Peru is up, you either have to apply for a temporary or resident visa or leave the country. If you, however, decide to overstay, since January 1, 2022, the fee of S/ 4.60 (0.1% of an UIT) per overstayed day has to be paid when leaving the country.
Our article "Peruvian Overstay Fine for tourists" explains in detail the legal backgrounds of overstaying, consequences of overstaying, and how and where you can pay the overstay fine.