Dear Sunflower,
Thank you for helping us answer questions.
Here is my situation:
Father is Peruvian/ USA and I am Dutch/USA (because of my mother). I want to live in Peru but can’t apply for the Peruvian paspoort because Dutch government doesn’t allow.
So I want to apply for a family Visa. I was born in Netherlands (so Dutch Birthcertificate) but I traveled to Peru with USA paspoort (hence I need the FBI criminal record Check).
I am in Cusco and have been here for 1 month so I still have 2 more Months to gather all the documents for application before my tourist visa expires.
- Im afraid I wont receive everything in time before my visa expires. do you recommend to start the family visa application even without the FBI Criminal Record Check? And then submit that document later? Or should I announce to immigration in advance that I might have to overstay my tourist visa?
- Online it says I can only apply for family visa if under 28 but I am 34. At the immigration office they didn’t mention anything about my age and they said I could go ahead and apply online. Do you think its still OK? Or maybe they did not check my age on my Pasport very well..?
- Can I submit the finger print for FBI criminal record anywhere in Cusco? Do you know if there is a place in Cusco where I can have the finger prints taken, is this at a police station?
Thank you so much in advance.
Warm Regards,
Isa
- This commment is unpublished.@Isa Hello Isa,
If your father is Peruvian, you have the right to the Peruvian nationality. But you don’t have to actively assume the Peruvian nationality, which will result in losing your Dutch one as the Netherlands follow a quite strict one-nationality-policy like my home country Germany. But there are a few exceptions. You have the right to dual (or in your case even triple) nationality by birth (Dutch from your mother, Peruvian from your father; I don’t know who’s the US American in your family) – at least that’s what I read on the government page of the Netherlands.
With this being said, there might be other reasons, why you don’t want to assume the Peruvian nationality. However, when you want to apply for a family visa I see a few problems:
Where is your Peruvian father living right now? If you want to apply for a family visa based on being the daughter of a Peruvian your father must be living in Peru.
Then as far as I know you as a foreigner can only apply for a family visa based on being the daughter of a Peruvian until the age of 28 years (and you must be financially dependent on your father and prove that you study in Peru) or you must be disabled and not able to provide for yourself. So, not sure which subtype the person from Migraciones was thinking of when he/she recommended to just go for it and apply.
Furthermore, if you are in Peru on your US passport, Migraciones most probably want to see a US birth certificate with Apostille. You could try with your Dutch one, but then it must be apostilled and translated into Spanish. If you were in Peru on your Dutch passport, then your Dutch birth certificate with Apostille and a Dutch criminal record check with Apostille would be needed.
Additionally, if you apply only now for your FBI criminal record check with Apostille, I’m quite sure that you won’t receive it within the time you have left on your stay as a tourist. Migraciones isn’t interested in your stay as a tourist visa running out while you are waiting for documents to apply for a residence visa. So, no need to inform them. If your stay as a tourist is expired, when you want to apply, you most probably won’t be able to.
Personally first I would check with Migraciones again for which subtype of the family visa you as a 34-year-old daughter of a Peruvian can apply. If they find one that fits, I didn’t, apply for your FBI check. Then, as described above under subpoint “Can I apply for a family visa if I don't have all the required documents?”, apply for the visa on the Agencia Digital, best a day or two before your stay as a tourist expires.
And yes, you can get fingerprinted for the FBI check in Cusco at the Policia Nacional del Peru, DIVINCRI PNP, Oficina de Criminalistica Cusco (a building behind the big police headquarters in Plaza Tupaq Amaru). But you cannot submit your application for the FBI check anywhere in Peru.
Greetings
Eva
- This commment is unpublished.@Sunflower Dear Eva,Thank you so much for your quick reply.You’ve written, about having the right to triple birth nationality and this sounds really interesting to me. Is it true that I understand it correctly that if I get my Peruvian birth certificate, I can stay here in Peru? Or do you mean that I then can get a DNI? Or do you mean that I could even get a 3rd pasport without interfering with the Dutch laws? I’d be very interested in that. But I’m not sure if I understand you correctly. Would love to hear more on this..My Dutch mother will send me my (international (so Spanish and English) Dutch birth certificate this week with the Apostille. Should I then take this to get my Peruvian birth certificate here? And do you know what are the next steps? Would I even still need my FBI check from USA?Thank you in advance for your help.Warm regards,Isabel
- This commment is unpublished.@Isa Hello Isa,
As said before the Netherlands follow a quite strict one-nationality-policy, but there are a few exceptions to this; one is having a second (or third or even fourth …) nationality by birth. So, if your parents have different nationalities, you have the right to the nationality of both of your parents. For detailed information about it, you should either contact a Dutch consulate or the competent authority in the Netherlands, who should be able to explain the Dutch laws to your (or just google it).
If you have confirmed that in your specific case having (not actively adopting or assuming) the Peruvian nationality doesn’t jeopardize your Dutch and US nationality and you are considering getting the Peruvian nationality based on being the daughter of a Peruvian, then first your birth must be registered with Peruvian authorities. If you do this at a Peruvian consulate outside Peru the process usually is called “Registro de Nacimiento de mayores de edad”, if you want to do it in Peru it’s done at Reniec and called “Inscripción extemporánea de nacimiento de mayor de edad”. But, the whole process isn’t done in a few weeks.
Depending on where you apply for the registration of your birth you might need the following documents: a sworn statement from your parents that your birth wasn’t registered in any Peruvian consulate abroad, the DNI (and/or the Peruvian birth certificate) of your Peruvian father, an ID of both parents as well as your Dutch birth certificate with Apostille. Be aware: even if you have a foreign “international” document, which includes Spanish, you still must get a translation by an official translator in Peru otherwise it won't be accepted.
Once your birth is registered, you will get a Peruvian birth certificate and are officially Peruvian. You now can apply for your DNI and after that for a Peruvian passport. With this you would be in Peru as a Peruvian with the same rights and obligations as any other Peruvian. So, you can stay as long as you like, you are Peruvian, no need for a visa and therefore no criminal record check.
If you are considering registering your birth and applying for your DNI (and passport) in Peru, best get in contact with the nearest Reniec office and confirm all (!!!) the requirements they want to have to accept your application. They as well can tell you how long the process takes in their office.
All the best
Eva
- This commment is unpublished.@Sunflower Dear Eva,I’ve just received reply from IND (immigration of the Netherlands) and unfortunately it is not possible for me :( I’ll share their reply because it might be usefull for somebody:If you still acquire Peruvian nationality by registering your birth details, this will lead to the automatic loss of your Dutch nationality under Article 15.1.a RWN, according to Dutch law and case law.
There are three exceptions to this main rule, namely:
If you were born in Peru and you also have your main residence there at the time of acquiring Peruvian nationality;
If you have had your main residence in Peru for at least five years before reaching the age of majority (18 years);
If you are currently married to a person who has Peruvian nationality.
If you do not meet one (or more) of these legal exceptions, I advise you not to take any steps to register your birth details in Peru or to obtain Peruvian nationality.
This would lead to automatic loss of your Dutch nationality.———-When we were at the immigration in Cusco , there was a man who said something about, getting the birth certificate but not actively taking the Peruvian nationality and being able to stay in Peru….and that there was a kind of loop hole. But I didn’t find anything about this online. Was wondering if there is anything that you would know about this by any chance?Thank you very much for your help Eva,Kind regards,Isabel - This commment is unpublished.@Isa Hello Isa,
That’s super interesting. I just had a look at the Netherlands Nationality Act. (I used an English translation as my Dutch is nearly non-existent).
Article 15.1 says “A person who is of full age shall lose his or her Netherlands nationality:
a. by acquiring another nationality of his or her own free will”.
The point is you are not acquiring another nationality. You have the Peruvian nationality by birth as your father is Peruvian, even though right now you don’t have the official documents. But reading Article 15.2, which lists the exceptions, I assume the issue is that you are an adult now and the Dutch laws would consider making your Peruvian nationality official as an adult as acquiring. If you had gotten your birth registered and your Peruvian DNI and passport as a minor, you wouldn’t have the problem. Otherwise, the same would apply to your US nationality.
Anyway, good that you got the confirmation from the Dutch authorities that it’s not possible in your case to get the Peruvian nationality without losing your Dutch one.
Reading the RWN and the reply you got from the IND, the advice from the immigration officer in Cusco (and mine as well) to register your birth already might jeopardize your Dutch nationality.
If you now, as an adult, get your birth registered in Peru, you are not only automatically by birth a Peruvian, but then officially as well and officially have the Peruvian nationality (which seems to be considered acquiring the nationality as you are an adult), even if you don’t apply for a DNI and passport. And exactly for this reason in the reply from the IND you can clearly read: “I advise you not to take any steps to register your birth details in Peru”. This should have been done when you were a minor. Now, it seems to late as you would risk losing your Dutch nationality.And I don’t know what kind of loophole the immigration officer in Cusco was talking about. Registering your birth in Peru is no option for you. Don’t go there. I know quite a few Germans, who used strange loopholes to get their Peruvian nationality and lost their German one because of it. So, you could try and apply for a family visa with your Dutch or, as you are in Peru as an US American, with your US birth certificate. But here we are at the same point where we’ve already been last week; you are too old to meet the requirements. You could ask at Migraciones again, if there is any subtype of the family visa that you might apply for (be aware you cannot present a Peruvian birth certificate and you are older than 28 years).Another option is to check out other visa types. What are you doing in Peru? If you work, a work visa might be an option; or if you study, the student visa; or we are all waiting for the introduction of the digital nomad visa, hopefully it will become available soon and might fit for you.GreetingsEva