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Peruvian Work Visa

Peruvian Work Visa

A Guide to Peruvian Visas

Part 5

Foreigners who have a valid and legally signed work contract with a Peruvian company that was approved by the Peruvian Labor Ministry or who have a legally signed service contract with a Peruvian company can apply for a work visa in Peru.

Content overview

 

Work visa types

Peru’s main work visa types include:

Temporary work visa – Trabajador temporal

The temporary work visa in Peru is a multiple entry visa that allows you to work in Peru for up to 183 days within a 365-day period. It is mainly intended for foreigners who have a work contract with a Peruvian company with a duration of less than 12 months to work in Peru short-term (temporary) without the intention of a long-term residence in the country.  

Additionally, the temporary work visa is intended for foreigners who have a work contract with a probation period where it’s not clear if they will work and live long-term in Peru. If the probation period ends and/or the contract is extended and you get a work contract with a duration of at least 12 months, you then can apply for a resident work visa.

Resident work visa (dependent) - Trabajador residente dependiente

The resident work visa (dependent) is intended for foreigners who plan to live in Peru long-term and work as an employee for a Peruvian company. To apply for it, you need a valid work contract with a duration of 12 months or more without a probationary period.

The resident work visa (dependent) is valid for one year, allowing you to live and work in Peru for one year. After one year of living on a resident work visa in Peru, you can/must renew it. After three years of legal residency (so living and working in Peru on a resident work visa) you can apply for a permanent resident work visa, which is valid indefinitely as long as you don’t leave Peru for more than a year.

Resident work visa (independent) - Trabajador residente independiente

The resident work visa (independent) is intended for foreigners who plan to live in Peru long-term and work as an independent service provider for a Peruvian company. To apply for it, you need a valid service contract with a duration of 12 months or more without a probationary period.

The resident work visa (independent) is valid for one year, allowing you to live and work in Peru for one year. After one year of living on a resident work visa in Peru, you can/must renew it. After three years of legal residency (so living and working in Peru on a resident work visa) you can apply for a permanent resident work visa, which is valid indefinitely as long as you don’t leave Peru for more than a year.

While the actual application for the work visa is basically a simple and straightforward process, at least if you are familiar with Peruvian bureaucracy, it is only the last step. The tricky part, especially when you aren’t working for a big international company, is the necessary groundwork you have to do before being able to apply for the work visa.

 

Signing a work or service contract with a Peruvian company

After finding a Peruvian company that is willing to employ you and sponsor your work visa, or who is using your services offering a service contract, the most important step of the process is the work/service contract.

If you sign a work or service contract with a Peruvian company while still being abroad, make sure to have it legalized by the Peruvian consulate before setting out for Peru. If the contract isn’t in Spanish, it has to be translated by an official translator once you are in the country.

If you are already in Peru as a tourist, you need a so called "permiso para firmar contratos" (a special permission to sign contracts) before you can legally sign the contract. Since January 2018, this can be easily done online. Our article "Permit to sign contacts in Peru" explains how it's done.

If foreign visitors, who are in Peru as a tourist, or temporary visa holders who haven't applied for a CTM, need to sign a legally binding document...

As soon as you have the permission, you can legally sign the work or service contract.

If you, however, entered Peru as a business traveler, you do not need the permit to sign contracts as it's "included" in your business status.

 

 Approval of work contract by the Peruvian Labor Ministry

Once the work (!) contract is correctly signed, it has to be approved by the Peruvian Labor Ministry. Exempted are contracts with citizens of Colombia, Bolivia, Ecuador and Spain that only have to be sent to the ministry, but not approved by them.

Foreigners married to a Peruvian who already have a Peruvian family visa and foreigners with a "permanente residente" status are so called “exonerated workers”. Their work contract doesn’t require the approval of the Peruvian Ministry of Labor and some employment regulations, such as a Peruvian company is only allowed to have 20% of foreigners on their payroll and pay all foreign workers in the company not more than 30% of the total wages, don’t apply.

And last, but not least, service contracts do not need the approval of the Peruvian Ministry of Labor. 

Over the past years the procedure of having a work contract approved has been simplified and is now done online on the Registro Nacional de Contratos de Trabajo de Personal Extranjero website of the Peruvian Ministry of Labor on a platform called SIVICE.

The website is a bit confusing and only with lots of searching you find some more or less useful information. Nevertheless, scroll down to the very bottom, where you see a green button “Ir al Sistema”. Click on it and you are redirected to the “Sistema Virtual de Contratos de Extranjeros- SIVICE”. You can as well use this direct link to the SIVICE page

Here just click on enter and you can start the application for the approval of your work contract.

If before your application you want to check what you can expect during the application process, we recommend to watch this video published by the Peruvian Ministry of Labor explaining how the SIVICE system works. You could as well download the "Manual" (blue button next to or above the "Ir al Sistema" button).

Usually, the evaluation process of your application should only take 5 to 7 business days, so you should have the approval of your work contract within less than two weeks. However, longer waiting times have been reported.

Except for the exemptions mentioned above, you can only apply for a work visa, after the work contract is approved by the Labor Ministry.

 

Legal background for the work visa application in Peru

Where to apply for a work visa

Officially, you can apply for a work visa if you are still outside Peru or if you are already in the country, for example, as a tourist.

However, while for decades Peruvian consulates abroad handled temporary and residence visa applications from giving information and handing out the right forms to fill in, to accepting the application and, if approved, issuing the visa, since August 2021, the Peruvian diplomatic missions abroad only handle tourist and business visa applications and refer foreigners, who want to apply for a temporary or residence visa, to Migraciones in Peru.

So, foreigners, who can enter the country visa-free (so, who don’t have to apply for a “real” tourist visa at a Peruvian consulate), should come to Peru as a tourist and then change their immigration status - make a so called Cambio de calidad migratoria (as opposed to a Solicitud de calidad migratoria if you apply from outside Peru) - at Migraciones.

Those foreigners who cannot enter Peru visa-free (so, who must apply for a “real” tourist visa at a Peruvian consulate), officially must apply for residency from outside Peru; a complicated, lengthy, and sometimes frustrating process. We explain in detail how it’s done in our article “Peruvian residence visa application from abroad”.

Foreign nationals who can travel to Peru visa-free, enter Peru as a tourist and then apply for their residence visa at Migraciones in Peru. However...

Important laws and regulations

For all foreigners planning to stay longer in Peru and to apply for a temporary or resident visa, the most important laws and regulations are the Decreto Legislativo 1582, which is the current foreigner law and only stipulates general rules, and the Decreto Supremo 002-2021-IN from 2021 and the TUPA. Helpful as well is to check out the Peruvian government website. All these documents are, of course, in Spanish.

While below, under "Requirements for a work visa application in Peru" you find the necessary documents described in English, the official list of requirements (in Spanish) can be found here:

Temporary work visa

In the Decreto Supremo 002-2021-IN on page 33, in article 75-C “Procedimiento administrativo de cambio de calidad migratoria trabajador temporal”. As the TUPA is always the more current official document, which contains slight changes compared to the Decreto Supremo, we recommend to use it when looking for the most current official information about the requirements in Spanish. You find the information for temporary workers on page 119, which is page 122 of the PDF.

Resident work visa (dependent and independent)

In the Supreme Decree DS N° 002-2021-IN on page 42, in article 88-B “Procedimiento administrativo de cambio de calidad migratoria trabajador residente”. As the TUPA is always the more current official document, which contains slight changes compared to the Decreto Supremo, we recommend to use it when looking for the most current official information about the requirements in Spanish. You find the information for resident workers on page 168, which is page 171 of the PDF.

 

Requirements for a work visa application in Peru

Below you find the requirements to apply for a temporary or resident work visa, accurately to make a so-called "Cambio de calidad migratoria" (change of immigration status) in Peru.

Please be aware that Migraciones has the right to request other and/or additional documents at any time.

Required documents to apply for a temporary (!) work visa in Peru include:

  • Passport
  • Legally signed and by the Peruvian Labor Ministry approved work contract with a duration of less than 12 months or with a probation period (approved not more than 30 days ago)
  • Interpol clearance - Ficha de canje internacional not older than 6 months (see below)
  • Sworn statement that you don't have a criminal record in Peru and abroad
  • Sworn statement of the legal representative of the company declaring that he/she is in charge of hiring staff and why he/she needs to employ a foreigner
  • SUNAT registration (RUC, Peruvian tax number, of the Peruvian company you are working for) (****)
  • Receipt for paid application fee (code Migraciones 07568; concept Cambio de calidad migratoria trabajador temporal, S/.22.20 since October 22, 2023)
  • "Recibo" (so a water or electricity bill proving your address; doesn't have to be in your name)
  • Form PA - Cambio de Calidad Migratoria (automatically filled in during application)

Required documents to apply for a resident (!) work visa (trabajador dependiente) in Peru include:

  • Passport
  • Antecedentes policiales, penales y judiciales (Police clearance certificate, criminal record and judicial matters check) from your home country or from the country where you legally lived (so with a resident visa) during the 5 years prior to coming to Peru showing that you don't have a record (*) + (**) + (***)
  • Legally signed and by the Peruvian Labor Ministry approved work contract with a duration of at least 12 months (approved not more than 30 days ago); approval exception for "exonerated workers” see above
  • Interpol clearance - Ficha de canje internacional not older than 6 months (see below)
  • Sworn statement of the legal representative of the company declaring that he/she is in charge of hiring staff and why he/she needs to employ a foreigner
  • SUNAT registration (RUC, Peruvian tax number) (****)
  • Receipt for paid application fee (code Migraciones 07568; concept Cambio de calidad migratoria trabajador residente; S/.161.40 since October 22, 2023)
  • "Recibo" (so a water or electricity bill proving your address; doesn't have to be in your name)
  • Form PA - Cambio de Calidad Migratoria (automatically filled in during application)

Required documents to apply for a resident (!) work visa (trabajador independiente) in Peru include:

  • Passport
  • Antecedentes policiales, penales y judiciales (Police clearance certificate, criminal record and judicial matters check) from your home country or from the country where you legally lived (so with a resident visa) during the 5 years prior to coming to Peru showing that you don't have a record (*) + (**) + (***)
  • Legally signed service contract with a Peruvian company with a duration of at least 12 months
  • Interpol clearance - Ficha de canje internacional not older than 6 months (see below)
  • Sworn statement of the legal representative of the company declaring that he/she is in charge of hiring staff and why he/she needs to employ a foreigner
  • SUNAT registration (RUC, Peruvian tax number) (****)
  • Receipt for paid application fee (code Migraciones 07568; concept Cambio de calidad migratoria trabajador residente; S/.161.40 since October 22, 2023)
  • "Recibo" (so a water or electricity bill proving your address; doesn't have to be in your name)
  • Form PA - Cambio de Calidad Migratoria (automatically filled in during application)

Explanatory notes for the requirements:

(*) As we get many question about the “Antecedentes policiales, penales y judiciales” we dedicated a separate article to the topic where we explain in detail what kind of document you need, where you get it and what to watch out for when applying for it.

One of the requirements to apply for a resident visa in Peru or to change your visa type, for example from a work visa to a permanent resident visa...

(**) That's the official requirement. However, Migraciones always requests the criminal record check from your home country. And, if they are made aware of the fact that you lived in another country during the 5 years prior to coming to Peru, sometimes additionally a check from this country.

(***) All foreign documents need an Apostille or, if the country in which they were issued, didn't sign the Apostille Convention have to be legalized by a Peruvian consulate abroad. Once in Peru, the document has to be translated into Spanish and in some cases legalized by the Ministry of Foreign Affairs.

(****) Even though no longer on the official requirement list, the RUC number has to be entered when you apply

 

Last steps before the actual work visa application

Translation of foreign documents

If you apply for a resident work visa, you hopefully brought the criminal record check with Apostille/legalization from your home country that now needs to be translated into Spanish. Even though officially no longer required and a simple translation should be enough (see Decreto Legislativo 1272 about simplified administration procedures) we highly recommend to use a certified translator in Peru, a so-called traductor publico juramentado. You find lists of these government-approved translators on the Peruvian government website. Just click under point 3 on the language of your original document and the list of translators for your language appears.

If your documents have an Apostille and were translated by one of the certified translators on the list according to the above mentioned Decreto Legislativo Migraciones should accept them without problems. However, most translators are still recommending an additional legalization of the translation by the Peruvian Ministry of Foreign Affairs (RREE), as sometimes Migraciones doesn't apply the simplified administration procedures, rejects documents without the additional RREE legalization and explicitly asks the applicant to upload the apostilled and translated foreign documents this time with another legalization from the Ministry of Foreign Affairs (RREE) in Lima or a RREE branch in the provinces.

So, if you want to skip the additional legalization by RREE, we highly recommend to keep an eye on your Migraciones electronic mailbox for notifications from Migraciones (see below).

If your documents aren't apostilled but legalized they must be legalized again after the translation by the Ministry of Foreign Affairs (RREE) in Lima or a RREE branch in the provinces.

Interpol

And before you can finally apply for your temporary or resident work visa, you have to get the so-called “Ficha de Canje Internacional” from Interpol in Peru. Find a detailed description of how it’s done in our article “Interpol - Ficha de Canje Internacional”.

All foreigners must present the "Ficha de Canje Internacional" to Migraciones when changing their immigration status, for example, from a temporary...

Paying the application fee

Then pay the fee of S/ 118 (temporary work visa) / S/ 162.50 (resident work visa) for the Migraciones administrative procedure “Cambio de Calidad Migratoria” under code 07568 with "concepto": "Trabajador temporal" or "Trabajador residente" on pagalo.pe, at any Banco de la Nacion branch or at some Banco de la Nacion ATMs. As you already paid the Interpol fee, you know how the systems works, otherwise check again in our article "Paying administration charges and processing fees in Peru".

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

Last preparations

If you apply for a temporary work visa, you have to fill in and sign the Sworn statement that you don't have a criminal record in Peru and abroad.

And last but not least, make PDFs from your passport (page with your personal data), and from all other required documents (max size per document 3MB).

Once the groundwork is done and you have all documents together, the actual application for a work visa (or correctly the change of your immigration status from, for example, tourist to work) is simple and straightforward. Even though after Peruvian law the company employing you has to support you and usually the company’s lawyers will help with or handle all the red tape involved, it might be good to know the application process.

Finally, the time has come to apply for your work visa. Be aware that in case you need to leave the country during the processing time of your work visa application you must apply for a special travel permit (Permiso especial de viaje, officially as well called Autorización de estadía fuera del país) before you leave the country, otherwise your application is null and void.

Foreigners in Peru who applied for a visa - to be precise who applied for a change of their immigration status (cambio de calidad migratoria) or a ...

 

Step-by-step guide to apply for a work visa in Peru

One remark before we start: The Agencia Digital is in Spanish only. We highly recommend to not using a translation program which automatically translates the page from Spanish to your preferred language to avoid system errors. And to avoid further system errors, we highly recommend to not using a VPN and switching off any ad blockers you might use.

Migraciones Agencia Digital

Once you have done all the preparation work, open the Migraciones Agencia Digital and click on Entrar.

On the next page, select "Extranjero". Then choose in the drop-down menu the document with which you entered Peru (most probably passport), enter your passport number, your birthdate, nationality, the date you entered Peru and the captcha. Click on Verificar.

No matter which forms you fill out in Peru, always enter your personal data exactly (!!!) as in your passport!

Now you are on the main page of the Agencia Digital. Here you can either use the search field or find in the menu on the left under “Cambio de calidad migratoria” the points Trabajador Temporal and Trabajador Residente. Choose the one that applies and proceed to the next page.

1st page of the work visa application

Here, you first have to select the Migraciones branch which should handle your application (for example, Lima, Cusco, Arequipa, …). In the second field, you must enter a “data update code” which you most probably don’t have. Below this field is a quite small link.

Click on it and you are re-directed to the Sistema de Actualizacion de Datos page. Choose Option 2. On the next page fill in your nationality, select the document with which you entered Peru (most probably passport), enter your passport number, and your birth date, select your gender and enter the captcha; you can leave the field with the "preinscription code" blank. Then you get to a quite extensive questionnaire.

Data update questionnaire

Be aware that you only have 1 hour to complete the questionnaire and as the system doesn’t save your information, even though there is an option to save, once you started you must finish it within an hour otherwise all your progress is gone, and you have to start from scratch. The questions are quite unorganized and partly a bit strange, so to give you an idea what questions you have to answer and might need to prepare for here an overview:

In the first two categories, you have to fill in your personal data including full name (as in your passport!), document with which you entered Peru, document number, gender, marital status, country of birth, if you have a criminal, police or judicial record, if you are pregnant.

The third category asks for your address in Peru, your e-mail address, cell phone number and landline phone number. Here you must upload a “recibo”, so a water or electricity bill to prove that you live at that address. The recibo doesn't have to be in your name, just must show the correct address.

Then you are asked for the information of an emergency contact, including ID, name and e-mail of your emergency contact. This is followed by questions about your employment situation and where you were born (continent, country, town).

In the next category, you have to enter your hair and eye color, height in meters, weight in kilograms, religion, marital status, date of marriage, vaccinations and if you have a disability or disease. You are then asked if you arrived in Peru alone or if someone was accompanying you. If so, you must enter the personal data (passport number, name, last name, birthdate) of that person. Now you are asked if you have lived in other countries previously and in which country before coming to Peru, when you last entered Peru, how you came to Peru (plane, bus, car).

The last questions check your living conditions (are you living in a house, number of rooms, accommodation connected to water, sewage, electricity, and internet), ask for some financial info (if you have a bank account in Peru; if you have taken out a loan in Peru; if you have a bank account in another country; if you hold shares in a company in Peru) and want to know if you have a car and a driver’s license in Peru or other country.

As soon as you have completed the last page of the questionnaire, the system accepts all your answers and sends the data update code to your e-mail.

You made it!

Back to the 1st page of the work visa application

Now fill in the data update code and click on Siguente.

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 (max. size per document 3MB).

Those who just want to verify the requirements or double check if the requirements have changed can do so on this page. Then just click through the tabs but do not upload any documents and do not click on Siguente; once you finished just leave the page.

To continue with your work visa application, click on the little arrows next to each requirement, and certain fields appear depending on the requirement. Just fill in the fields as requested and upload the corresponding document.

Under “Pago por derecho de tramite” you are asked to enter certain information of the bank receipt

  • numero de recibo (number of the receipt) which is the "secuencia de pago" on the pagalo receipt
  • codigo de verficación (verification code) which is the "codigo control" on the pagalo receipt
  • fecha de recibo (date) which is the "fecha de operación" on the pagalo receipt.

If you don't know where to find the requested bank information on your receipt, click on the question mark. After entering the requested info click on Validar.

Under the Documento de Identificación tab, select the document with which you entered Peru (in most cases passport), fill in required data and upload a copy.

Under the Interpol tab, you must upload the Ficha de Canje from Interpol and, if you apply for a resident work visa, the criminal record check you brought from home, or, if you apply for a temporary work visa, the sworn statement. Be aware that both fields are mandatory, and you can’t continue without having uploaded both documents.

Under the Contrato tab, you must upload your work or service contract.

Under the Documento especificos tab you must upload the sworn statement of the legal representative of the company and under the Ficha RUC tab you must enter the RUC number of the company employing you.

There is one last tab “Exceso de permanencia” (excess stay). If you apply when your stay in Peru is still valid, this tab has already a green check in front of it and you just leave it as it is.

If you, however, apply when your stay as a tourist is expired, open the tab and you should be able to upload the payment receipt for your overstayed days and a sworn statement explaining the reasons for their overstay. Once these two documents are uploaded the check in front of the tab should turn green. Before counting on this option please read our chapter Can I apply for a work visa when my stay as a tourist is expired?.

Once you filled in all required fields and uploaded all your documents, there should be a green check in front of each tab. Click on Siguente.

3rd page of the work visa application

You then get to a page showing the fields of the Form PA - Cambio de Calidad Migratoria already filled in with your personal data. The only fields you can change here are your cell phone number and your e-mail address. If everything is correct, click on “Guardar datos y generar tramite” (Save data and generate procedure).

4th page of the work visa application

You now get the "Registro de Solicitud de Cambio de Calidad Migratoria" displayed on your screen. That's the confirmation of your successful application. Download and/or print the form and keep it safe (if downloading isn't possible, make a screenshot of the complete page, don't miss the second page)!!!

At the top right of the document under the bar code you find your Numero de expediente (file number) which sometimes is also called Numero de tramite. It consists of 2 letters (usually some abbreviation of the Migraciones office where you applied; LM for Lima, for example; or CY for Chiclayo, etc.) and 9 numbers. At the bottom of the first page, under the signature / fingerprint field, the Fecha de publicacion (application date) and a Codigo de verificacion (verification code) are shown.

If you later want to check the status of your application online, which can be done here or if you, for example, want to apply for a travel permit to leave the country while the approval of your application is still in process, you will need these numbers / codes.

Additionally, at the bottom of the first page you as well find your login data for the Migraciones electronic mailbox (see below).

If you didn't print or save the page when you had the chance during your application, retrieving your file number is usually simple as it's the code you see on your screen when you are asked to make an appointment for your biometric data (see below). But getting the verification code can be a mission as you must get in contact with Migraciones.

 

Biometric data appointment

Following the confirmation of your visa application you are asked to make an appointment for having your biometric data (photo, fingerprints, signature) taken with a provided code. This code is your numero de expediente (file number).

As waiting times sometimes can be long, especially in Lima, we suggest following provided link and make the appointment immediately. If you want to make it at a later time, you can enter the Agencia Digital and make an appointment under "Citas en Linea", subpoint "para registro de datos biometricos".

On the day of your biometric data appointment, be at the Migraciones office (in Lima it's either the one on Jr. Carabaya 494 in the city center or the MAC center you selected when making the appointment) 15 - 30 minutes before your appointment with your documents. Usually you will only need your printed (!) appointment and passport, but to be prepared for any unforeseen events you may want to take the folder with all other documents with you.

At the door you just have to show your appointment and passport. At the Lima Migraciones office you get a ticket with a number on it. Then just join the line and wait until your number is shown on the screen. When it's your turn proceed to the counter where you have to sign on a signature pad, you are digitally fingerprinted and a biometric photo is taken.

Do not wear a white shirt or a top in light or pastel color! Migraciones might refuse to take your photo. Best wear a simple black shirt or something in a dark or strong color.

Until recently the process in the Migraciones office in Lima was quick and astonishingly well organized and you were done in less than half an hour. However, over the past few weeks some foreigners reported that their appointment time wasn't respected and they had to wait for anything between one and three hours until they made it to the counter where the process was quick and smooth. So, plan accordingly. At the Migraciones offices in the provinces, the whole process is usually quick and painless.

After your biometric data appointment, all you can do is check your Buzon electronico regularly and wait until you get a notification from Migraciones either telling you that they aren't happy with a document you uploaded or that a document is missing or that your visa is approved.

 

Buzon Electronico

The Buzon Electronico is your personal Migraciones electronic mailbox which you should check regularly for notifications from Migraciones (for example, request to upload missing or additional documents, approval or denial of your visa application, etc.).

You can access your buzon by clicking on the "Buzon" button on the top of the main page of the Agencia Digital or by using this direct link. The username (usario) and password (contraseña) is on the "Registro de Solicitud de Cambio de Calidad Migratoria", the confirmation of your successful application (see above under 4th page).

Be aware that notifications sent via the buzon are considered "officially delivered". If you don't react to a deadline Migraciones usually gives in these notifications (in most cases only 5 days), your application can be dismissed. So, if you get a notication from Migraciones informing you that you haven’t uploaded a required document, that an uploaded document isn’t to their liking or they want an additional document, don’t waste any time.

If you have the document, make a PDF of it (max size 3MB) and upload it on the Agencia Digital. How this so-called Subsanación is done, is explained in our article “Subsanacion - Submitting documents”.

During the internal evaluation and approval process of any application on the Agencia Digital, Migraciones may discover that you haven’t uploaded a...

If you don’t have the document yet and won’t be able to submit it within the deadline, you still have to react and can apply for an extension of time to hand in the document later. The process is called “Solicitud de ampliación de plazos” and explained in our article "Extension of a Migraciones deadline".

During the internal evaluation and approval process of your visa application (Cambio de calidad migratoria) or of the application for the extension...

 

Approval of your work visa

Officially the processing time of temporary and residence visa applications is 30 business days. However, according to feedback we got from our readers, it usually takes around two to three months until you get a notification from Migraciones in your Buzon with the official resolution that your visa was approved.

Nevertheless, check your Buzon regularly as you might belong to the lucky ones that get their approval within three or four weeks after application. On the other hand, in case you haven't heard anything from Migraciones 4 months after your application, you should check with them what's going on.

 

Getting your Carné (foreigner ID)

Temporay Workers

Temporary Workers are not issued a carné. After receiving the approval of your temporary work visa, that’s it, you are legally in Peru for the approved time and can work.

Congratulations! You made it!

Resident Workers

After you received the approval of your visa application, for years you had to register in the foreigner database and pay for the issuance of the carné. Since the beginning of 2023 this step isn't necessary anymore.

Instead read the resolution with the approval of your visa carefully. In some cases it already contains instructions on how to pick up your carné. If so, follow the steps, which are as well described below.

In other cases the resolution states to wait for further instructions on how to pick up your carné. So, once again check your Buzon regularly and wait for a second notification from Migraciones.

Officially Migraciones has another 30 business days counted from the approval of the visa to send this notification. However, some of our readers shared that they had to wait only a couple of days, others three or four weeks, and a few even 2 months. Either way as soon as you got the official notification that your carné is ready, get going. 

Since January 15, 2024, you can pick up your carné without an appointment if you applied for it using the Carabaya branch in Lima (from 02.00 pm to 05.00 pm) or the Migraciones offices in the provinces, the so-called jefaturas zonales (pick-up times without an appointment vary, so best check directly with the Migraciones office).

If you, however, applied for your carné using the MAC centers Lima Este, Lima Norte or Lima Sur or the Migracentro Puruchuco or Villa Maria del Triunfo then you still have to make an appointment on the Agencia Digital under “Citas en linea”, subpoint "para recojo de documentos". Once again, download and print the confirmation and keep it safe.

To pick up your carné at the branch, which you entered during the application process, you just need your passport and, if applicable, your printed appointment. Migraciones personal will point you in the right direction where you are handed your carné.

Congratulations! You made it!

To familiarize yourself with your carné we highly recommend to read our glossary article Carné de Extranjería - Peru’s ID Card for foreigners.

 

Things you should know living in Peru on a work visa

Officially you are only allowed to start working when your work visa is approved.

Temporary work visas allow you to work in Peru for up to 183 days within a 365-day period. They can be extended.

A resident work visa (so the residence permit) is valid for one year and then has to be renewed. Our article "Residence visa extension" explains how it's done.

In Peru, a residence visa, so the permit allowing you to live in the country (not the carné, the card), is usually valid for only one (1) year and ...

The carné (so the Peruvian foreigner ID card) is usually valid for four years and then must be renewed. For more details, check out our article "Renewal of the carné".

When your Peruvian residence visa is approved, you get the Carné de Extranjería, your Peruvian foreigner ID. The carné, so the card (not the reside...

Once you have your residence permit and carné as a resident worker, you must get a Peruvian tax number (RUC) and password (Clave SOL) which is issued by Sunat, Peru's tax authority.

If any information you provided when applying for your work visa changes, Migraciones must be informed about it within 30 days. So, if you change jobs, get a new passport, move to a new address, etc. you have to apply for a so-called "Actualización de datos". Be aware that for resident workers, in some cases, a new carné has to be issued after the application is approved. The process is explained in our article “Update your information in the Migraciones database”.

If any of your information, which is printed on your carné or which is registered in the Migraciones database, changes, you must apply for a so-cal...

Whenever you, as a resident worker, want to leave the country for short or extended periods of time, for example, to go on holidays or for a business trip abroad, you must present the so-called "Certificado de Rentas y Retenciones" at immigrations before you are allowed to leave. This form is issued by your employer or, if you work independently, by your client(s), who confirms that the income tax corresponding to your earnings was retained according to the Peruvian tax legislation. The physical form, Formulario 1492, is rarely used anymore. Instead, your employer or client has to enter his/her Sunat Virtual and fill in the Formulario Virtual 1692°, then print and sign it and give it to you. The form expires 30 days after it was filed with Sunat; so, you must leave Peru within these 30 days. If you, as a dependent or independent resident worker didn't have any earnings, you must present the so-called “Declaración jurada de haber realizado actividades que no impliquen la generación de rentas de fuente peruana” at immigrations before you are allowed to leave. So, just download Formulario 1495, fill it in, sign it and show it to the immigration officer when leaving Peru.

Foreigners living in Peru on a resident work visa have to be in the country at least 183 days per year, otherwise they lose their resident status. In case you have to be outside Peru for longer, before leaving the country, apply for the Autorización de estadía fuera del país por 183 días, and won't lose your residency.

Resident work visa holders can get the Peruvian nationality by naturalization after having legally lived in Peru for at least two years.

If you don't want to get the Peruvian nationality or can't because your home country doesn't allow dual nationality, after three years of legal residency in Peru on a resident work visa, you can apply for a permanent resident visa - make a so-called Cambio de calidad migratoria a permanente residente (trabajador) - if you can fulfill the financial and other requirements; no more extensions and an indefinite residency.

And finally, if you, as a resident worker, are leaving Peru permanently, you have to cancel your residence visa. Once the application is approved, you have 15 days to exit the country.

 

Other FAQs

Can I apply for a work visa if my stay as a tourist is expired?

For years, you had to be in Peru on a valid visa / stay, for example, as a tourist to apply for any temporary or residence visa, precisely to make the Cambio de calidad migratoria.

But during the visa application on the Migraciones online platform there is a tab labeled "Exceso de permanencia" (excess stay), which suggests that foreigners who overstayed their time as a tourist in Peru can still apply for a Cambio de calidad migratoria and just have to upload a payment receipt for their overstayed days and a sworn statement explaining the reason for their overstay.

While in November 2022 Migraciones informed us in writing that this tab does not apply when you change your immigration status from tourist (!) to work, at the beginning of 2023 one of our readers reported that someone at Migraciones suggested this option. So, he could apply for his visa while being in Peru on an expired stay as a tourist. During his application he uploaded the payment receipt for his overstay fine and a brief explanation why he couldn't apply on time (criminal record check took many months), could finish his application and a couple of months later, Migraciones approved his visa.

Hearing this, we tried to find out more. A few other foreigners in the same situation confirmed that someone at Migraciones they spoke to suggested this option, but our search for any official confirmation in writing that you can apply for a temporary or residence visa while being in Peru on an expired stay as a tourist was in vain.

As Migraciones doesn't have an e-mail address anymore where they answer such questions in writing, we called and first were told "No, you have to be in the country on a valid stay". Then when we asked the lady we were talking to more detailed questions, she seemingly quickly spoke to someone else, and then suddenly said "Yes, it is possible.", but she couldn't give us any further details. The whole call didn't really inspire confidence.

So, at the moment (February 2024) officially you still have to be in the country on a valid stay to apply and therefore we can't guarantee that it's possible to change your immigration status from tourist to work if you are in Peru on an expired stay as a tourist.

We always recommend to not overstay and, in case you plan to apply for a temporary or residence visa but don't have all required documents yet, instead of overstaying suggest applying for your visa using a little trick. We explain how it's done below.

If for whatever reason you can't apply while your stay as a tourist is valid, it might be worth personally checking with Migraciones if you can apply despite being in the country on an expired stay before you leave the country and try to return to "renew" your stay as a tourist.

If you have any current information about this topic or would like to share your experience, please let us know either using the comment function at the end of this very long article or our contact form. Thank you!

Can I apply for a work visa if I don't have all the required documents?

Officially, no, you can't as on the Agencia Digital, the Migraciones online platform where you have to apply, the fields to upload the required documents are mandatory and you can't continue with and finish your application without having uploaded all documents.

But, even though we can't and won't recommend it, if your stay as a tourist is about to expire and you must apply until a certain date, depending on the document that you don't have yet, there might be a possibility to "cheat" the system. However, you should have a solid plan to get the document as required, because the time to present it is limited. And here, how it's done.

Follow the instructions of our Step-by-step guide to apply for a work visa in Peru 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.

If you don't have, for example, your criminal record check: Under the Interpol tab, you must upload the Ficha de Canje from Interpol and the "Antecedentes" (criminal record check). Both fields are mandatory, and you cannot continue with and finish the application without having uploaded both documents. As you can't leave the field for the Antecedentes blank anymore, you must upload something in the Antecedentes field. One of our readers just uploaded the Ficha de Canje a second time, another reader wrote a letter explaining that he is waiting for his criminal record check from his home country and uploaded this letter instead of his background check. So, upload a "document" there that makes sense.

The same applies if, for example, you don't have your Ficha de Canje from Interpol, because you couldn't get an appointment in time. Instead of the Ficha upload, for example, a letter explaining your situation.

Or if you have the document, but not yet the Apostille or translation, you could upload the document as it is.

Then continue to upload all other required documents and finish the application process as described in our Step-by-step guide.

On the 4th page of your work visa application you get the "Registro de 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) displayed on your screen. That's the confirmation of your successful application. You made it. As soon you have this confirmation, your time as a tourist stops and even if your stay as a tourist expires during the processing time of your visa application you won't have any problem.

Now, depending how quickly Migraciones reviews your application and documents, the following happens:

As you haven't uploaded all required documents or not in the form Migraciones requires, Migraciones will send you a notification (can be as quick as a few days after your application or a month, two or three later) requesting that you upload the document. 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. You must react to the notification, even if it's on the last day of the deadline they gave you (which might be wise to do if you still need more time), otherwise your application could be canceled.

If you have the document in the correct form when you receive the notification, just upload it. How it's done is explained in our article “Subsanacion - Submitting documents”.

During the internal evaluation and approval process of any application on the Agencia Digital, Migraciones may discover that you haven’t uploaded a...

If you still don't have the document at the end of the deadline Migraciones gave you, then you can apply for an extension of the deadline (max. 30 days). The process is called Ampliacion de plazos and explained in our article “Extensions of a Migraciones deadline”.

During the internal evaluation and approval process of your visa application (Cambio de calidad migratoria) or of the application for the extension...

In case you have the document ready before you hear from Migraciones you can upload it immediately on the Agencia Digital under Subsanacion. But we were told by others, who went through the process that they still got a notification later to upload the document again.

If you decide to go that route, check your Buzon regularly and, if necessary, react to any notification! And, while this "cheating" worked for many others, things might change and Migraciones could dismiss your application (which you could appeal). Anyway, be aware that it will definitely delay the approval of your visa by weeks or even months.

 

Indefinite-term employment contracts are the rule of thumb for hiring in Peru. Without prejudice to the foregoing, fixed-term and part-time employm...

We from LimaEasy are not the Peruvian immigration authority Migraciones or a Peruvian consulate. All information is published to our best knowledge and should be seen as general guidance introducing you to Peruvian procedures. All information is subject to change, as regulations, requirements, and processes can change quickly without prior notice! Therefore, we recommend checking the current regulations with the nearest Peruvian consulate or, if you are already in Peru, with Migraciones!

And if you find something wrong on this page, please help us to keep this guide as up to date as possible and contact us either below with a comment or use our contact form. Thank you!

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  • This commment is unpublished.
    Philip · 18/02/2024
    Thank you for this information!
    I am in Lima since August last year, and im currently in the process for a temporary work visa, I started the visa process in November 2023 and my contract is 1 year from November 14th 2023. Once my visa gets approved, then do I (on paper, officially) start work from November 14th last year or only once my visa is approved? 

    What also confuses me is that temporary visa is only 6 months maximum at a time? or is 1 year contract instantly possible? Since my 1 year temporary work contract got approved already by the ministery of labor.

    I am asking because of tax issues, do I pay tax from the day I started working if I started working from November 14th, or do I start paying taxes AFTER the visa is approved? Appreciate any help!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 19/02/2024
      @Philip
      Hello Philip,

      I'm confused. If you have a one-year contract (without a probation period) and have this work contract approved by the Labor Ministry, which is only necessary for a resident work visa not a temporary work visa, why did you apply for a temporary and not a resident work visa?

      Anyway, yes, temporary (work) visas usually only have a validity of 3 or 6 months (depending on the case) but can be extended for the same number of months or changed to a resident (work) visa, which is valid for one year and then can be extended.

      And no matter what your work contract states officially you are only allowed to start working when your visa is approved. Once you have the approval the company can put you on their planilla, deduct your taxes and other obligations and pay them.

      As it sometimes takes many weeks or months until Migraciones approves temporary or resident visas, companies usually make it happen that their foreign employees can start working even if the visa isn't approved yet. How they do it and how they handle the tax and social security obligations you and they have, I don't know. Sorry. So, if you already started working you should talk to accounting and ask them about it.

      All the best

      Greetings
      Eva

  • This commment is unpublished.
    Phil · 12/02/2024
    This is an amazing source of information / Thank you.
    I have a good idea of the process to change from resident worker to rentista but have left it rather late to do this as my work visa expires on the 20th of this month. It is very unlikely that I can get the necessary documents together by then. I had an interview in migration today and my understanding was that there was no rush to begin the tramite even if the visa was expired.....I am not sure that I got this right. It seemed to be that there would only be an issue if I left the country before beginning the process. So should I ...

    to add to the chopped comment. I am just trying to find out the implications of an expiring work visa while I put together documents for a change of status.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 13/02/2024
      @Phil
      Hello Phil,

      honestly, I'm surprised about the Migraciones statement but since the new Foreigner Law was published in November of last year there seems to be a few changes planned (the TUPA, so the administrative procedures for the implementation of the new law, haven't been published yet) but not all published and introduced yet. Anyway, everything I write below is based on the current published information.

      Whenever you want to change your immigration status, in your case from resident work to rentista, your stay in the country should be valid at the time of the application (info for others who might read the comment: if you want to change from tourist to a residence visa you must be legally in the country!).

      If you let your residence visa expire without applying for an extension or a change to another immigration status you are in the country on an irregular immigration status. Yes, it might not a big deal, however, you most probably will have to pay a fine for not extending your residence visa / not applying for another immigration status on time. Additionally, even though rarely enforced, the law provides in such cases that Migraciones could deny the extension / change of immigration status. Nevertheless, usually, if you don't leave the country, you can extend / apply for another immigration status without any problems when you pay the fine.

      Be aware that since December 2023 there seems to be slightly different requirements for changing the immigration status for those you already have a residence visa in Peru. On the government website on a page with heading Cambiar calidad migratoria residente, a page I just recently discovered and never have seen before, under subpoint "Descripción" you find the following "Los ciudadanos extranjeros que tienen residencia en el país, pueden realizar un cambio de calidad migratoria a través de la agencia digital de la Superintendencia Nacional de Migraciones.". If you then check out on the same page the subpoint Solicitar cambio de calidad migratoria rentista residente you find that you won't need a criminal record check just a sworn statement that you don't have a criminal record. If this change is already implemented in the Agencia Digital and if Migraciones will accept a sworn statement I don't know.

      And with the published information I have today, I don't know why there could be an issue if you left the country. If you think of leaving Peru to sort out your documents in your home country personally, which might be easier and quicker, then you must cancel your work visa before you leave Peru to avoid any complications upon your return and application for a rentista visa. As things stand today, when you return to Peru, you must enter as a tourist and then apply for the change of your immigration status from tourist to rentista, for which you would need the criminal record check.

      As said before, change is in the air and I really wonder why all of a sudden there are special pages explaining how residents can change of their immigration status while the old pages for the change of the immigration status, which applied to tourists and residents are gone. Added to that the statement you got from Migraciones that there could be an issue if you leave the country, really worries me as I can't find any information about possible changes that might be implemented in the near future.

      So, I'm sorry, I can't give you a straight answer and recommend on how to proceed. Probably, have a chat with Migraciones again in which you hopefully can clarify the exact requirements for a change of immigration status as a resident worker to rentista, ask for the implications if you apply for the change after your resident work visa is expired (do you only have to pay a fine, other problems?) and additionally ask which issue could arise if you cancel your work visa, leave, return as a tourist and then apply for the change of immigration status.

      Greetings
      Eva
    • This commment is unpublished.
      Phil · 13/02/2024
      @Sunflower Thanks Eva, I am attempting to talk to migraciones again. I will post what I find out.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 13/02/2024
      @Phil
      Yes, please, do so!

      All the best
      Eva
    • This commment is unpublished.
      Phil · 15/02/2024
      @Sunflower Two and a half days attempting to connect to a video chat. No success. Got to the end of the queue 6 times, but only once would the video then connect. And that time the audio was not working so I had to give up! 


    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 16/02/2024
      @Phil
      Hello Phil,

      yes, the video call is a nightmare. Have you already checked out our Migraciones article? There you find some tips how the video call might work and other options to get in contact with Migraciones, for example, call the AloMac hotline under 1800 or send them an e-mail.

      Greetings
      Eva
  • This commment is unpublished.
    Michael · 09/02/2024
    Hi!

    I am getting a resident visa from the UK. 

    I have heard contradictory accounts of my employer needing to go to somewhere in Peru to 'authorise' my request prior to me picking it up in UK, and/or what you have mentioned about simply completing these processes via the Agencia platform.

    Are these outdated details that were the case prior to the ability to complete these processes via the Agencia platform? 


    Thanks!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 09/02/2024
      @Michael
      Hello Michael,

      officially there are two ways to apply for a Peruvian residence visa. 

      Those foreign nationals who can travel to the country visa-free just enter Peru as a tourist and then change their immigration status from tourist to (in your case) work; make a so-called cambio de calidad migratoria.

      Those foreign national who cannot come to Peru without a "real" visa, must apply for the residence visa while they are still outside the country. The procedure is called solicitud de una calidad migratoria. A long and painstaking process.


      Anyway, why would you as a UK national, who can travel to Peru visa-free. apply for your work visa while still being outside the country? Just get all documents you need from the UK (criminal record check with Apostille), come to Peru, get a permit to sign contracts, sign the contract, get it approved by the Labor Ministry, get your Ficha de Canje from Interpol in Peru and apply for your work visa (make the so-called cambio de calidad migratoria) on the Agencia Digital as explained in the article above.

      If you really want to apply for your work visa while still being outside Peru, you must have someone in Peru who can apply for you (solicitar una calidad migratoira) on the Agencia Digital as you, if you haven't been to Peru before, won't have access to it. Our article Peruvian residence visa application from abroad explains the details. https://www.limaeasy.com/peru-guide/peruvian-visa-types/peruvian-residence-visa-application-from-abroad

      Greetings
      Eva
    • This commment is unpublished.
      Michael · 10/02/2024
      @Sunflower Hi Eva,

      Oh, - it's just that I had understood it was not permitted to work whilst waiting for this paperwork to process in-country? And surely one would be then very likely to be prosecuted? 

      Or have I misunderstood and this would only be for workers in other countries (not from the UK) who cannot travel visa free? 

      Thanks 
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 10/02/2024
      @Michael
      Hello Michael,

      you are right, officially you are not allowed to work until your work visa is approved and you have your carné. 

      But as the evaluation and approval process sometimes can take many weeks or even months, most companies manage to have their foreign employees start working as soon the application is submitted. Officially not correct, but done all the time and as far as I know never really prosecuted as long as the company fulfills their/your tax obligations.

      And you should be aware that even if you enter the country with a work visa stamped into your passport, the visa application process is not finished. Once you are in Peru you still have to get your Ficha de canje from Interpol in Peru, must have your biometrical data taken and then apply for your carné.

      Greetings
      Eva
    • This commment is unpublished.
      Michael · 11/02/2024
      @Sunflower Thanks for clarifying. 

      So re tax obligations - do you mean the school would disclose that the person is already working there and then get the worker to pay tax? How would that be so if officially they cannot yet work there? 

    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 11/02/2024
      @Michael Hello Michael,

      Sorry, but how should I know how the school that’s employing you is handling the visa and taxes of their foreign employees. Have you been to Peru before? No matter the topic there is always an official way and usually as well a way how things are done. So, to get clear answers you should ask the school employing you how they handle things.

      If the school is doing everything 100% by the book, then

      - either someone there is applying in your name for a work visa on the Agencia Digital as explained in our before linked article “Residence visa application from abroad” while you are still being abroad, only when the visa is approved you can pick it up at the consulate, then enter Peru on the visa, finish the process, get your carné and only then start to work.

      - or you come to Peru, apply yourself with the support of the school and wait until the visa is approved and your carné is issued. You only then start to work.

      The other option could be that the school wants you in Peru as soon as possible, will support you with your visa application and finds a way to let you start working while your residence visa is still processed. As said before that's not the legally correct thing but as the evaluation and approval process of residence visa often takes many months common practice.

      Which option applies to the school hiring you, I don’t know.

      Greetings
      Eva
  • This commment is unpublished.
    James · 08/02/2024
    After your resident work visa has been approved how long do you normally wait for them to print and issue the CE card and then call you in to come pick it up?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 08/02/2024
      @James
      Hello James,

      officially Migraciones has 30 business days counted from the approval of the visa to send you a notification that your carné is ready to be picked up. However, some of our readers shared that they had to wait only a couple of days, others three or four weeks, and a few even 2 months.

      Greetings
      Eva
  • This commment is unpublished.
    Matt · 09/01/2024
    Hi. I have a my residency as a "trabajador residente" and was issued my CE in April. I do not, however, have my own RUC. I have been on the payroll for a Peruvian company since September. Is it still necessary to obtain my own RUC, and if so, how do I go about doing this?

    Thanks in advance!

    Matt
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 10/01/2024
      @Matt
      Hello Matt,

      honestly I'm confused. You got your work visa last year in April? As dependent or independent worker? And since September you are employed by a Peruvian company in Peru?

      Not sure how you got your work visa but as an independent worker you should have applied for a RUC as soon as you got the carné based on being a trabajador residente independiente. Then you said that since September you are on the payroll of a Peruvian company. So, at least since then you must have a RUC otherwise the company cannot withhold and pay your income tax to SUNAT and other obligations.

      Have you tried to check online if you have a RUC? It's done on the SUNAT website. Just select the tab "por documento" or "por nombre" and enter your carné/passport number or your full name. 

      Then, if you are registered correctly with the company and if they already have paid your taxes and obligations your RUC should be displayed. If nothing is shown you should have a talk with the company employing you. And check your payslips. There you should see the deductions made. 

      In case there is a problem with the bookkeeping of the company and they are not able or willing to rectify it, you must immediately get in contact with SUNAT, get a RUC and sort out the mess regarding not having paid income tax and probably as well health insurance, unemployment insurance, etc.

      All the best
      Eva
    • This commment is unpublished.
      Matt · 10/01/2024
      @Sunflower Hi Eva.

      Please disregard the previous comment, I posted it before finishing.

      I am a dependent worker. My carné was issued in April 2023. According to my company, I am registered correctly and they have been paying the taxes.

      However, I checked the SUNAT website and I do not have a RUC issued in my name, through my passport or carné.

      What do you suggest I do to rectify this problem?

      Thank you very much, and sorry for the confusion!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 10/01/2024
      @Matt
      Hello Matt,

      if your company registered you correctly and if they have paid your income taxes they should have done so under your RUC. 

      It's obligatory for everyone carrying out economic activities to have a RUC number and it's as well obligatory to use the RUC for any declaration or procedure with SUNAT. So, your company should know your RUC because they need it to pay your taxes and other obligations.

      Sometimes the Consulta RUC website doesn't work properly, so maybe that's the reason you can't find your RUC. Or probably when you were registered someone made a mistake with your name, or the numbers of your carné or passport were transposed or whatever.

      Have you checked your payslips? Sometimes it's printed on them as well.

      If not, I would first check with the company again and asked them for your RUC and, if they don't have it, ask them how they paid your taxes without the RUC. If you don't get your official payslips twice a month (or monthly) ask for printouts. If you have the official payslips, you at least can confirm that your taxes and other contributions were paid, even if you can't find your RUC on it.

      Then you don't have to worry about anything, just go to SUNAT, explain your problem and they should be able to get you your RUC number.

      In case the company can't or isn't willing to help you either with your RUC number or with the official payslips, your only option is to pay SUNAT a visit. I really hope that the company paid your taxes and other obligations otherwise there might be some mess to clean up. And as you got your carné in April of last year you should clear this rather quickly as in March you must apply for an extension of your work visa for which you will need the Reporte de rentas y retenciones y Consulta de contribuciones y retenciones de trabajadores for which you will need your RUC and an access to the SUNAT digital platform to download it.

      Hope, you can get this cleared up soon

      Greetings
      Eva
    • This commment is unpublished.
      Matt · 11/01/2024
      @Sunflower Hi Eva. This is very helpful.

      I talked with the accountant for our company and this was his response:

      "Explico : una persona que empieza a trabajar en una empresa y figura en planilla, no es necesario que tenga RUC, es como es tu caso, y esa remuneracion es renta de quinta categoria.

      La otra modalidad de contratacion de personal es como trabajador independiente, en la que el trabajador emite un recibo de Honorarios Profesionales, es ahi cuando el trabajador tiene que tener un numero de RUC, y para eso se inscribe en SUNAT."

      Are these new requirements? Never once in the process of getting my working visa/CE was this mentioned.

      Also, I am receiving my "boletas de pago" but they don't have a RUC number, just my CE. It appears that the taxes are being paid.

      It seems that in any case, I should go to SUNAT, bring my payslips, and get a RUC.

      Thanks again!
      Matt
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 11/01/2024
      @Matt Hello Matt,

      I’m not into bookkeeping and not an expert when it comes to taxes. And I never worked for a company in Peru, just family and friends, who all have their RUC and the RUC is on their payslips and their taxes are paid under their RUC.

      Anyway, after reading the explanation of the accountant of your company, I wondered what's going on and did some reading on the SUNAT website. 

      There you find, for example, that every person carrying out economic activities in Peru must have a RUC and that it is obligatory to use the RUC for any declaration or procedure with SUNAT. That’s how I know it for the past more than two decades.

      But, after searching some more I found as well this page on the SUNAT website, which confirms what the accountant of your company told you.

      “If you exclusively receive quinta categoria income, it is not necessary that you register a RUC, since your employer is the one who declares and pays the tax on a monthly basis”.

      Honestly, I never heard of that before. I still can’t believe that your taxes can be paid without having a RUC. Seems I have learnt something new today.

      So, if you only work and generate income as dependent worker (quinta categoria), it seems to me that you don’t need a RUC anymore and - to come back to your original question - if you want to continue to work as a dependent worker it seems that it's not necessary you get a RUC. 

      But, and that seems important for you, you should generate your Clave Sol, so you can get the Reporte de rentas y retenciones for the extension of your work visa. 

      As far as I know you can apply for the Clave Sol online only if you have a DNI. As you have a carné you must pay the nearest SUNAT branch a visit and apply for it there in person (have your carné and passport including copies with you). I assume (honestly I don't know how this works without a RUC) that once the Clave Sol is generated you can access the SUNAT plattform and can download the necessary reporte and see your paid taxes. SUNAT staff is usually super friendly and helpful, so I'm sure they can explain the process to you.

      I'm really sorry for the confusion. And please let me know how the applcation for the Clave Sol worked and if you can access it without any problems.

      Greetings
      Eva
  • This commment is unpublished.
    Sean Raghailligh · 24/11/2023
    Does Peru have a visa for those of us that work remotely?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 24/11/2023
      @Sean Raghailligh
      Hello Sean,

      until 10 days ago no! But since November 14, 2023, yes

      Then a modification of the foreigner law, the new Decreto Legislativo 1582, was published introducing a resident visa for digital nomads for the first time.

      Not a lot details were published and until now we don't have the necessary administrative procedures, but you can find more infos in our article Peruvian Digital Nomad Visa.

      Greetings
      Eva
    • This commment is unpublished.
  • This commment is unpublished.
    akash · 26/10/2023
    Hello Everyone,
    I work remotely for an American Company from India. I am an Indian Citizen based in India.  I can also get a Schengen visa which would be waive me for a tourist visa requirement for Peru. Can I travel to Peru on a tourist visa and convert my visa to a Peru Resident Visa by forming my Company in Peru where I would be the owner. I can ask my American Employer to deposit the salary in the Peruvian Company and pay myself as an Employee. Is this possible?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 26/10/2023
      @akash
      Hello Akash,

      as an Indian passport holder you must apply for a tourist visa at a Peruvian consulate before coming to Peru. 

      The only Indian citizens who can travel to Peru for tourism visa-free are those with a permanent (!) residence visa or a visa with a validity of at least (!) 6 months for the USA, Canada, any country belonging to the Schengen area, UK or Australia.

      Anyway, if you come to Peru as a tourist, yes, you can establish a company, employ yourself and then apply for a work visa. The process is a bit tricky when you are not familiar with how things are done in Peru. Therefore it is highly recommended to hire a knowledgeable immigration lawyer / notary for cases like yours.

      Additionally, be aware that as a tourist you will only be allowed to stay for 90 days. And you can only apply for your work visa while your stay as a tourist is still valid. So, it's not a lot of time to get all this done. Best start the process already while still being outside Peru, so when you enter you know exactly which type of company you want to establish, and best have already done all the preparation work with the help of a professional.

      All the best

      Greetings
      Eva
    • This commment is unpublished.
      Akash · 31/10/2023
      @Sunflower Hello Eva,
      Really appreciate your prompt response.
      If I need to start my own Company, is it true that I would be required to invest around 30K USD minimum in the Company which I start and also hire 5 Peruvians to be eligible for a permanent residency down the lane. Do you provide legal and professional help in these matters?

    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 31/10/2023
      @Akash
      Hello Akash,

      no it's not true; you don't want to apply for an investment visa. However, as said before, the process is a bit tricky and the company has to be set up correctly, so that it fits your needs, you can employ yourself and won't have any problems.

      And no, I'm not an immigration lawyer, paralegal or notary in Peru. And while I'm always happy to help foreigners finding their way through the Peruvian bureaucratic jungle and always tell people they can do this or that on their own, in this specific case I highly recommend hiring a competent and experienced immigration lawyer who can guide you through the process and set up everything for you.

      Greetings
      Eva
    • This commment is unpublished.
      Akash · 02/11/2023
      @Sunflower Appreciate it Eva! Really means a lot to see you doing this thankless work.
      Do you know any lawyers whom you could recommend me to?
      So in all, you mean to say I can come on a tourist visa, set up my own Company as self employed, and apply for a self employed visa and ask my employer to pay the salary to my Company formed in Peru and then pay myself through that Company as a sole owner. This could be basis that qualifies me for a Self Employed Visa. 
      For this I would need to get in touch with a competent lawyer who could help me with the paperwork. 
      Prior to arriving, I would need to keep my police clearance apostilled or legalised. Is  there anything else I need to be ready with prior to my travel?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 02/11/2023
      @Akash
      Hello Akash,

      no! You create a company in Peru. Then this Peruvian company that you created employs you and with the work contract approved by the Peruvian Ministry of Labor you can apply for a dependent work visa.

      Another option could be that this Peruvian company that you created uses your services, so you sign a service contract with your Peruvian company and then you could apply for an independent work visa.

      As said before, it's a work-around and tricky. So, before you leave for Peru you must know exactly how this could work for your situation and prepare accordingly. 

      This and then the visa application isn't something you can do in the 3 months you get as a tourist. And, as already explained above, you as an Indian passport holder most probably need a tourist visa before you even can come to Peru.

      And as India signed the Hague Apostille Convention your criminal record check must be apostilled in India.

      Sorry, but I can't help you any further with this. You first need to understand the complexity of the process, which only a skilled and experienced lawyer can explain.

      Greetings
      Eva

      P.S. I additionally sent you an email.
  • This commment is unpublished.
    David · 17/10/2023
    Hi everyone, thanks for this great overview about the possibilities of working in Peru.
    I have a specific question. I'm working for a multi-national company in Europe and I would love to combine working remotely with staying with my family over there.
    From company and local regulations I would be allowed to stay not longer than 54 working days in Peru.
    My doubts are regarding this point:
    "Sworn statement of the legal representative of the company declaring that he/she is in charge of hiring staff and why he/she needs to employ a foreigner"
    I wouldn't work for a local company. Can this point then be skipped?
    What else do I need to respect regarding Peruvian authorities?

    Thanks so much for establishing this great community.
    Viva el Perú.
    David

    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 17/10/2023
      @David Hello David,

      To apply for a work visa in Peru you must either be employed by a Peruvian company or work as an independent “service provider” for a Peruvian company. And no, you can’t just skip requirements. So, you cannot apply for a work visa in Peru if you work remotely for a foreign company from Peru.

      Additionally, if you have a work visa in Peru you must be in the country for a minimum of 183 days per year. As your company allows you to only work remotely for 54 working days I assume per year  that wouldn’t work out anyway.

      And as there is no freelancer or remote worker visa in Peru, the only option, which is feasible in your situation, is to come to Peru as a tourist for a max of 90 days. And as you won’t be working for a Peruvian company and would still be employed by the Europaen company and pay your taxes / social security in Europe you could officially visit your family and for touristic purposes but do your remote work without anyone knowing. This way is a bit of grey zone, but not illegal.

      All the best

      Greetings
      Eva
    • This commment is unpublished.
      David · 18/10/2023
      @Sunflower
      Hi Eva,
      many thanks for the swift feedback! I thought about the option you shared, I was just unsure whether the fact that I'm staying in Peru is obligating me to pay income taxes in Peru as well, as there is no DTA (Double Taxation Agreement) existing between my country and Peru. As compliance is very important for my company, I would only pursue this further if it was rather a "light grey" than a "dark grey zone".

      Thanks
      David
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 18/10/2023
      @David Hello David,

      The only reason why my suggestion is a grey area is that there are no laws or regulations regarding situations like yours in place in Peru and there is no visa option. In my opinion, it’s a very light grey zone, which no-one in Peru even bothers about.

      Generally speaking (there are a few exceptions, but these don’t apply to you) the point is that you only must pay taxes in Peru, if you are a resident and/or work for a Peruvian company in Peru, so generate income in Peru. And only if you are a resident of Peru you are taxed on your worldwide income.

      You won’t be in Peru as a resident, as you won’t stay longer than three months (as a resident you must be in Peru for at least half a year per year, otherwise you lose your resident status). You are just a tourist and tourists in Peru, as I think in every country around the globe, are not subject to tax.

      Additionally, you won’t work in Peru and won’t have any income from Peruvian sources. You continue to work for your company in Europe, you are paid in Europe to your European account, and you continue to pay taxes and social contributions there.

      Things would be different if you are a Peruvian or stay in Peru for longer than half a year.

      So, as long as you are in Peru as a foreign tourist to visit family and/or do some sightseeing for a short time and work remotely for a European company, get paid there and pay your taxes there you are fine.

      Greetings
      Eva
    • This commment is unpublished.
      David · 19/10/2023
      @Sunflower
      Hi Eva, thank you for clarifying this point. Once again, my most sincere thanks and appreciation for the great platform you guys created here.

      David
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 19/10/2023
      @David
      Hello David,

      thank you so much for your nice words.

      And you are more than welcome.

      All the best

      Greetings
      Eva
  • This commment is unpublished.
    Kiera · 11/10/2023
    Hello Eva! Thank you for providing us with this blog, it has been an incredibly helpful resource for me in my efforts to get my resident work visa approved. 

    I have almost all the documents I need in order to submit my application but I am confused about how to get my work contract approved by the Peruvian Labor Ministry - the link to see the forms sends me to an invalid address. 

    Do I go with my contract to Avenida Salaverry N° 655, en Jesús María with out an appointment? Or is it an online process? And do I need the contract and the "Sworn statement of the legal representative of the company declaring that he/she is in charge of hiring staff and why he/she needs to employ a foreigner", or is it ok if I just bring the contract? My hiring company does not have a immigration lawyer helping me with the red tape so I am handling it on my own, and was hoping for some guidance. 

    Thank you so much for your help! Best,
    Kiera 
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 11/10/2023
      @Kiera Hello Kiera,

      Great to hear that our work visa article helped on your way to get your resident work visa.

      And thank you so much for pointing out that the link to the Peruvian Ministry of Labor doesn’t work anymore and the information provided isn’t up-to-date. Sorry, for that. I will update it just now and as well will add some more detailed information on how to apply for the approval of a work contract.

      For quite some time now you don’t have to go to the Peruvian Ministry of Labor in person anymore. The application for the approval of the work contract is done online on the "Registro Nacional de Contratos de Trabajo de Personal Extranjero" platform of the Peruvian Ministry of Labor called SIVICE.

      This is the link to the correct part of the website of the Peruvian Ministry of Labor.


      Under this link you find more or less useful information. If you scroll down to the bottom, you will find a green button “Ir al Sistema”. Click on it and you are redirected to the “Sistema Virtual de Contratos de Extranjeros- SIVICE”. You can as well use this direct link to the SIVICE page (hope it works).

      As you seem to be on your own, helpful will surely be this video published by the Peruvian Ministry of Labor explaining how the SIVICE system works. You could as well check out the "Manual" (blue button next to the "Ir al Sistema" button), which I find a bit confusing. The video, on the other hand, is easy to understand and you can simply follow the instruction when you are in the system applying for the approval.

      Hope this helps.

      Greetings
      Eva
    • This commment is unpublished.
      Kiera · 11/10/2023
      @Sunflower Thank you so much Eva, this is a huge help! 
  • This commment is unpublished.
    Tanya · 26/07/2023
    Hello, thank you so much for providing all this detailed information on the visa procedures. 

    I just wanted to check with you one aspect of the procedure. I have a friend who owns a coffee farm close to Machu Picchu where she does turismo vivencial. I want to join her to help out with promoting the business and other tasks that require foreign languages. 

    In order to get the visa, I was thinking of going down the "contrato de locacion de servicios" route as it seems more simple in term of migraciones procedures and labour laws.

     I just wanted to double check with you a few aspects: 
     
    1) she has an E.I.R.L. company - so if I sign a contract with her EIRL, it will be fine for migraciones (as long as it respects the required format and info of course)? It doesn't have to be a specific type of company for the contrato de locacion de servicios to work right? Just be registered with the SUNAT and so on? 

    2) if I understood well, when it's a contrato de locación de servicios, there are no quotas for the number of foreigners "employed" right? So the 20% of employees and 30% income maximum does not apply, since no one is actually employed, correct? Or are there any equivalent conditions for foreigners under the contrato de servicio?

    3) since I would be living with her on her farm, which doesn't' really have an address - as in it's not calle x, city whatever - would that be an issue when indicating the domicilio? I can provide a very vague addresss of the pueblo, district and province + google maps coordinates if needed, but I don't know if that would be an issue. I also have friends who live in Cusco, with a "real address", but I wouldn't actually be living there. Is there anything you can advise on this? 

    Thank you so much for any help you may be able to give and for all the info already available!! 

    Best, 

    Tanya 


    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 26/07/2023
      @Tanya Hello Tanya,

      I really love your friend's business idea. Can you tell me more about the coffee plant or share a link to the website (you are more than welcome to use our contact form, if you don’t want to do so publicly).

      Anyway, to answer your questions:

      1. As far as I know, the type of company is irrelevant. The important part is that the company is correctly registered as well with SUNAT. Also crucial that the service contract fulfills the required format and, in case you are on a tourist or other temporary visa in the country, that you have a Permiso para firmar contratos before signing the service contract.

      2. As the company doesn’t employ you, the by the Labor Ministry set quotas for employing foreigners do not apply. You should, however, be aware that all other labor regulations that would be in your favor won’t apply as well and you are responsible for paying taxes on your income, pay your own health insurance, etc.

      3. The problem with the address is that before you start with the application on the Agencia Digital you must fill in the data update questionnaire where you must fill in your address. Fields include, when I remember correctly, department, province, district, street, manzana, house number, reference, e-mail, phone number. Not all fields are obligatory and even if, you could always enter n/a (no aplica). The point, however, is that you must upload a recibo (so, a water or electricity or even phone bill or whatever “official” bill your friend might have), which should have the same address on it that you fill in the form.  So, if you friend, where you will be living and working can give you a recibo, use the exact address as printed on it and somehow fit it into the fields of the questionnaire. If your friend doesn’t have any recibo, then your only option is to “borrow” one from your friends in Cusco and use that address.

      Hope to hear back from you

      Greetings
      Eva
  • This commment is unpublished.
    Diego · 04/07/2023
    Hi there again! thanks a lot for all the info. Finally managed to get the work visa approved :)

    I have one more question: Apart from the full-time job I will start now in Peru, I do some freelance work for other companies abroad.
    As a foreigner with a work visa in Peru, can I invoice companies abroad (or even other companies in Peru) for my freelance services, using my peruvian RUC? (I heard I would need to declare it as "ingreso de tercera categoria", but not sure if I can do it as a foreigner with a work visa)

    Thanks a lot!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 04/07/2023
      @Diego
      Hello Diego,

      I'm really sorry, but taxes and Sunat certainly aren't my forte.

      The tercera categoria is the correct tax category for business income in Peru (from both personas naturales and juridicas). You mainly work dependently and as far as I understand don't want to open a business in Peru but offer additionally to your dependent work as well services as independent.

      Independent work is usually taxed based on the cuarta categoria. However, according to the Sunat website you must add your income from abroad (rentas de fuente extranjera; in your case from services provided abroad (renta obtenida por prestar servicios en el exterior) to your income generated in Peru.

      Anyway, as you see I'm not the right person to ask this question. So, I highly recommend to check with Sunat directly and/or hire an accountant who knows what he/she is doing.

      Greetings
      Eva
  • This commment is unpublished.
    Diego · 08/06/2023
    Hi there, thanks a lot for all of the valuable info! I could finally submit my application for a work visa successfully

    I have a problem now - I downloaded the "Registro de Solicitud de Cambio de Calidad Migratoria" document but it doesn't have all the information. I don't see the "codigo de verification"

    I am travelling outside of the country in 4 days and was trying to apply for the "Permiso de viaje", but I don't have the "codigo de verification". Is there a way to retrieve it?

    I attached a picture of the document I downloaded, The info I covered in green shows only the "numero de expediente/tramite" and the rest below this is a blank page.

    Thanks a lot!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 08/06/2023
      @Diego
      Hello Diego,

      you didn't get the document as shown in the attached picture displayed? Please note, this is on old version of the form, the new one has as title "Registro de solicitud de cambio de calidad migratoria", but the rest is more or less the same.

      The screenshot you shared should be displayed after you got the form.

      Anyway, if you didn't get the correct form displayed, you at least have your numero de expediente.

      Unfortunately, as far as I know there is no easy way to retrieve the verification code anymore. Your best chance is to call Migraciones using the video call option on the Agencia Digital and hope they have a solution.

      Another option could be to get the travel permit at the airport. One of our readers informed me in March 2023 that you can get the travel permit as well at the airport at the little office opposite the immigration counters where foreigners can pay their overstay fines. I wrote about it in our Travel permit article.

      Sorry, I don't have an easy solution for you.

      Greetings
      Eva
    • This commment is unpublished.
      Diego · 09/06/2023
      @Sunflower Thanks a lot Eva! Finally managed to get the verification code. Sharing below what happened in case it is useful for anyone else!

      - I didn't get a document like the one you shared (form). The day that I uploaded all the documents and finished the application process, the website was quite buggy and prompted a lot of error messages, it wouldn't let me save and finalize the process. I finally tried uploading the documents again using the incognito mode on my browser and it worked. 
      So probably the (wrong) document I got at the end of the application was either due to i) website bug, ii) using the incognito mode.

      - As you suggested, I called Migraciones using the video call option on the Agencia Digital and they gave me the verification code!

      Thanks again Eva!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 09/06/2023
      @Diego
      That's great news. Glad in the end everything worked out.

      All the best
      Eva
  • This commment is unpublished.
    Liliana · 02/06/2023
    Hi there, thanks so much for all the information!
    I have the carnet de extranjeria and need to travel outside of Peru for two months. I wonder if as an employee (trabajador) of a company I need my own RUC number or I can use the company's RUC and can I just print and fill in the f1495 and show it at the migraciones at the airport or do I need to have it signed by my employer or lawyer of the company?
    Thank you so much!
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 03/06/2023
      @Liliana Hello Liliana,

      If you have a dependent work visa and are employed by a Peruvian company, it’s obligatory that you have your own RUC, which is needed so that your company can pay your taxes to SUNAT. If you don’t know your RUC, you can search for it on the SUNAT website. Best select “Por documento” at the top, then carné de extranjería and enter your carné number.

      Additionally, if you are employed by a Peruvian company, you should have an income. So, the Formulario 1495 “Declaración jurada de haber realizado actividades que no impliquen la generación de rentas de fuente peruana” is not the correct form to use as this is only for those who didn’t have any earnings.

      The correct form you need is the Formulario Virtual 1692, which your employer must fill in on their Sunat Virtual and give to you. Not sure who in the company you are working for is responsible for the payroll / employment taxes, but that should be the person to contact.

      Greetings
      Eva
  • This commment is unpublished.
    Rao · 21/03/2023
    Hello, in case my visa has been denied and Migraciones gave me 15 days for appellation how is the process done? My visa was rejected because they didn't like the contract, but now I have the new one. Shall I just upload the new contract into the system or there is an appellation process (like questionnaire ot some letter)? I can't find anything on the Agency web portal? 
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 21/03/2023
      @Rao
      Hello Rao,

      yes, you have 15 business days to "appeal" the decision. You must apply for a "Reconsideración de trámite". The correct form letter can be found on the government website.

      I'm not sure if the following explanation on how it's done is still up-to-date (my info is from a year ago); probably first check on the Agencia Digital in the left menu under Subsanacion if you can do so there.

      If not, it should be done on the Agencia Digital under Mesa de Partes. After clicking on Mesa de Partes select persona natural, enter your e-mail address and phone number and accept the terms & conditions. On the next page select under Tipo de Solicitud "Solicitudes en General" and under Subtipo "Solicitud reconsideracion de cambio de calidad migratoria". Then choose the Migraciones office which handled your application and fill under Asunto something in like "Solicitud de recurso de reconsideración de cambio de calidad migratoria a trabjador".

      Then you can download the form letter using the red box. If this doesn't work use the link above. Fill in the form using the file number from your denied application and explain your case thoroughly. Sign the document and make a PDF.

      Then back to the Mesa de Partes. Under Tipo de documento select Carta, No. de Folio 1 and upload the form letter and your new work contract as PDF. Click on registrar and that should be it.

      As said above, I hope that's still the correct way to do it.

      Greetings
      Eva
    • This commment is unpublished.
      Rao · 22/03/2023
      @Sunflower All clear. Thanks a lot.
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 22/03/2023
      @Rao
      I hope everything works out for you.

      All the best
      Eva
    • This commment is unpublished.
      Sasha · 04/04/2023
      @Sunflower Dear Eva,
      Do you know how long does it take usually for them to reply to the application for re - consideration? 
      You were right in all the procedure. It is accurately as you described.

      Thanks.
      S
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 04/04/2023
      @Sasha
      You are Rao? Migraciones didn't like your service contract? Because it wasn't approved by the Labor Ministry or for other reasons?

      Anyway, Migraciones should respond within 30 days.

      If you haven't heard back from them after a good three weeks I would check with Migraciones if your "appeal" was registered correctly and if they are working on it. Just to make sure that everything is fine.

      Greetings
      Eva
  • This commment is unpublished.
    Christopher · 09/03/2023
    Hi there, I just got my work contract approved by the Ministry of Labor and I'm about to start the migration application process. 

    It looks like I will be able to overstay my tourist visa as soon as the application is submitted, but my wife and son will have to leave when their tourist visas are up in May. Is there any way to start their Family residency visas before my resident work visa is approved or a way to expedite mine so they won't have to leave the country?
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 09/03/2023
      @Christopher Hello Christopher,

      First, once you completed (!) the application on the Migraciones Agencia Digital and got the file number, publication date and verification code your time as a tourist in Peru stops. Even if your stay as a tourist expires during the processing time of your work visa application you are not overstaying. You are in the process of changing your immigration status, so no tourist anymore.

      Your wife has to apply for the family visa as spouse of a foreigner with resident status (para el caso de casada con extranjero residente en el país); your son as underaged child of a foreigner with resident status (para el caso de hijos menores de edad extranjero residente).

      The problem with both family visa types is that on the second page of the application either the DNI number of the Peruvian part or, as far as I remember (I could be wrong) the carné number of the foreigner with residency must be entered. As this field is obligatory your wife and son cannot continue with their application without having entered your correct carné number, which they can’t until your work visa is approved and you have your carné in your hands.

      So, right now I don’t see a way how your wife and son can apply until you have your carné. With this being said, I think you only have two options:

      Does the company employing you supports you with your visa application? Do they have an (immigration) lawyer available? If so, does he/she is well connected with Migraciones? If yes, first check with the company lawyer, if your carné number is really required for the application of your wife and son. If yes, check if he/she has such good connections at the right unit in Migraciones to somehow speed up your application process, which officially isn’t possible, and get going with your application.

      In case you are on your own it might be a good investment to hire an immigration lawyer who knows what he is doing and who has the right connections (or at least talk to one, there might be another way I’m not aware of). Even though officially not possible, some lawyers are able to expedite the processing time of their clients applications or somehow apply for clients who don’t have all documents (usually you can “cheat” the application system when you don’t have a document required to upload, but in the DNI/carné field you must enter a number, so I fear it’s not possible).

      As you must be in Peru on a valid stay as a tourist, the other option is that your wife and son leave the country before their stay as a tourist expires and return. Personally, I would try to avoid this option, as there is always the risk that they are denied entry (which is rare, but not unheard of) or that the immigration officer they have to face upon their return only gives them 10 days or 30 days or whatever number of days he/she feels comfortable with. But they could as well get another 90 days, especially if they explain their situation and deal with an immigration officer who has a heart. However, it’s a gamble, as it’s always at the discretion of the immigration officer how many days you are given, there is no guarantee. And if Migraciones is super slow with processing your application, you wife and son might have the same problem with an expired stay as a tourist in a few months again.

      Whatever you do, make sure that your wife and son do not overstay. First, they can’t apply for their visa while being on an expired stay as a tourist, so must leave and return to become legal again and upon returning the immigration officers immediately see in the system that they overstayed before and might be less accommodating and flexible.

      I’m really sorry, I can’t recommend on easy fix for your situation and hope everything goes well.

      Greetings
      Eva
    • This commment is unpublished.
      Christopher · 20/03/2023
      @Sunflower Thank you so much for this response! I have another question now. The department of labor changed their decision because the company hiring me has to hire one more employee before hiring a foreigner. They have hired the additional employee, but the accountant said that they told her that I need "Calidad Migratoria Habilitante" from migrations. I told her that the "Permiso Especial Para Firmar Contractos" Should be enough, but she is doubtful. Is there any official law or decree that states the Permiso Especial is sufficient? Thanks again for your time
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 21/03/2023
      @Christopher Hello Christopher,

      I, of course, don’t know the complete context, but a “calidad migratoria habilitante” has nothing to do with the “permiso para firmar contratos”. I’m as well not sure what “they”, I assume someone at the Labor Ministry, mean by telling the accountant that you “need Calidad Migratoria Habilitante from migrations”. For what? So, they approve your work contract? The reason you need your work contract approved is so you can apply for one of the calidades migratorias habilitantes. I’m confused and think that either something is lost in translation or in Peruvian bureaucracy or you are talking past each other.

      Anyway, the permiso para firmar contratos allows foreigners who are in Peru as tourists or on a temporary visa to sign legally binding contracts, for example, as in your case, a work contract. That’s it.

      On the other hand, the Peruvian foreigner law Decreto Legislativo 1350 established different calidades migratorias habilitantes” (so, qualifying or enabling immigration statuses) which allow foreigners to live in Peru and carry out dependent or independent work activities. Among these calidades migratorias habilitantes are, for example, the calidad migratoria trabajador, or the calidad migratoria designado, or the calidad migratoria familiar residente …. So, residence visas allowing you to work in Peru.

      In your case you want to apply for a “cambio de calidad migratoria a trabjador residente”. For this you first need the permiso de firmar contratos to legally sign the work contract which then must be approved by the Labor Ministry. But only with the approved work contract, you don’t have the permission to live and work in Peru. After the approval you then have to apply for the correct residence visa, so for a “calidad migratoria habilitante”, in your case the work visa. I assume that this is what “they” wanted to point out.

      Greetings
      Eva
    • This commment is unpublished.
      Sunflower
      • LimaEasy
      · 21/03/2023
      @Christopher
      Christopher, I just checked the Decreto Supremo 002-2021-IN. And you are right, there you find in Artículo 88-B. Procedimiento administrativo de Cambio de Calidad Migratoria Trabajador Residente, under c) "En caso de trabajador, si el contrato ha sido firmado en el territorio nacional, el beneficiario debe encontrarse con la calidad migratoria habilitante o tener la autorización para suscribir documentos".

      So, in case of workers, if the contract has been signed in Peru, you must either already have the "enabling immigration status" or have the authorization to sign documents. 

      Eva
    • This commment is unpublished.
      Christopher · 22/03/2023
      @Sunflower You have cleared it all up for me and confirmed my suspicions, that is exactly what I needed. Thank you so much Eva. In case if they give us a hard time, we will have the decree in hand, but as you said, I imagine something was lost in translation with the accountant. 

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