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PERU: New Law to Regularize Residence of Foreigners in Irregular Immigration Status

A new law establishes a procedure to regularize the residence of foreigners who are in irregular immigration status.

On November 8, 2013, Law No. 30103 was published in the Official Gazette of Peru. The new law establishes a procedure to regularize the immigration status of foreign nationals who entered Peruvian territory before January 1, 2012. The law provides for either a temporary or a resident visa under determined immigration status if they have been in an irregular immigration status in Peru.

Deadline and Where To Apply for Immigration Regularization

The deadline to apply is 180 calendar days since the law has been in force.

The application must be filed before the National Superintendence of Migration (MIGRACIONES), with the required documentation applicable to the foreign national.

Assumptions of Irregularity

It is considered "irregular migratory status" if a foreign national has entered Peru legally but has an expired stay authorization or expired resident permit.

Granting of the Resident Visa

MIGRACIONES will provide to an eligible foreign applicant a resident visa for a maximum period of two years the immigration status of worker (WRA), independent professional (IPA), or familiar resident, as applicable. The resident permit is renewable annually, subject to compliance with requirements under immigration law.

After approval of the resident visa, the foreign national will be registered at the Central Register of Foreigners and his or her foreign card will be issued, provided that the requirements under the TUPA (Unique Text of Administrative Proceedings) have been complied with and required fees have been paid.

Reserve Assumptions for Enforcement

Peru, through MIGRACIONES, reserves the right to reject an applicant for a resident visa if the agency determines that his or her presence is a detriment to Peru's sovereign interests, or a national security or internal order risk, based on a background check and information provided by INTERPOL, the judiciary, or other entities, as appropriate.

MERCOSUR Citizens

Foreigners with irregular immigration status belonging to MERCOSUR countries may opt to apply the "Agreement on Residence for Nationals of State Parties of MERCOSUR, Bolivia and Chile," signed on December 6, 2002.

Assumptions of Exception in the Scope of the Law

Not included in the scope of the new law are cases of foreign citizens who, having been ordered to leave, never left the country or have returned without authorization, and those who have an enforceable and final judgment of expulsion after serving a custodial sentence.

Regulations and Validity

The Peruvian government must issue regulations within 60 calendar days of enactment of the law, which took effect November 9, 2013.

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