Contributed By RGB Avocats S.A.C.
Over the past seven years, Peruvian immigration policy has seen several changes, with the repeal of the old immigration law (Legislative Decree No 703 – hereinafter the “Old Law”) and its replacement by the new immigration law (Legislative Decree No 1350 – hereinafter the “Law”), as well as in its regulations, passed by Supreme Decree No 007-2017-IN, and amendments. Likewise, the Law has seen several changes, as Peru has experienced a significant volume of immigration over the aforementioned period.
Changes in Migratory Categories/Visas
Tourist visa
Under the Old Law, the tourist visa was granted for a term of 183 non-renewable days. Under these terms, foreigners could cross the border upon the expiry of their visa and apply for a new one to re-enter the country, a common practice known as “border-hopping”.
However, the Law explicitly states that the tourist visa is granted for a term of 183 non-renewable days, within a term of 365 days. This means that if someone exits the country, upon the expiry of their tourist visa, they will not be able to apply for a new tourist visa for at least 182 days.
Business visa
In the past, this visa only allowed the holder to carry out commercial transactions and activities related to investments, entirely barring the practice of remunerated activities. However, under the Law, the holder may now carry out activities related to technical and specialised assistance. The term for this visa is likewise 183 non-renewable days within a term of 365 days.
Designated worker visa
This visa is designed for foreigners expatriated to Peru, who need to render services to a Peruvian company or natural person on behalf of their foreign employer. Previously, under the Old Law, there was only a temporary visa granted for 90 days, renewable for a term of one year. Under the Law, this visa can now be granted as a resident visa and its period of stay has doubled. The temporary visa is granted for 183 non-renewable days, and the resident visa is granted for one renewable year.
Worker visa
Whereas the Old Law only allowed the beneficiary to perform labour as a dependent worker, the Law allows the beneficiary to work either as an employee or as an independent contractor, whether in the private or the public sector. Consequently, applicants for this visa will require either a labour contract, previously approved by the Labour Ministry, or a contract for the provision of services.
Investor visa
Under the Old Law, to qualify for this visa, applicants required a minimum investment of USD30,000. Under the Law, this amount has increased to approximately USD147,060.
Relative of resident visa
This migratory category has been expanded and now includes (i) single children, up to the age of 28, provided that they are studying at a university or technical institute; (ii) domestic partners of different sex, and children conceived within a domestic partnership, as well as the parents of the partners. Additionally, the holders of this visa can now carry out remunerated activities in Peru.
Rentista visa
Under the Old Law, this migratory category required applicants to provide proof of income for a work or disability pension of USD1,000 a month and, in addition, USD500 for each dependant family member coming to reside with the beneficiary. Under the Law, the requirement of USD500 for each dependant family member has been eliminated.
Permanent resident visa
Previously known as the “immigrant visa”, this allows the holder to reside indefinitely within Peruvian territory. The minimum term of legal residence required to apply for this visa has been increased from two to three years.
Brand-New Migratory Categories
Digital nomad
The Law has introduced this migratory category, for would-be residents, which allows the holder to perform remunerated activities through digital or computer media (remote work). It is required that the employer must be a company contracting the applicant from abroad, and the applicant cannot be employed by a Peruvian company. The visa is granted for a period of one renewable year. The specific requirements of this visa have yet to be regulated.
Andean migrant
The Law has introduced this migratory category, which allows foreigners who are nationals of the Andean Community Treaty to reside in Peru for a period of two years, without requiring a labour contract. Beneficiaries are subject to equal treatment under the law as Peruvian workers. After the two-year period is over, workers in this category may apply for permanent residency.
Changes to Visa Requirements
Criminal records
Previously, only the International Exchange File issued by INTERPOL was required to provide proof of the lack of a criminal record. However, under the Law, the supervising entity, now the Peruvian National Superintendence of Immigration (hereinafter “Migraciones”), requires applicants to submit federal criminal records issued by the applicant’s country of birth, or the countries where they have resided over the past five years, in addition to the INTERPOL certificate.
Maturity/expiry of international documents
Previously, all documents submitted to Migraciones had an expiry date of 90 days counted from the date of issuance; with the specific exception of marriage and birth certificates issued abroad, which had an expiry date of six months. Under the Law, the default date for maturity/expiry of all documents issued abroad is six months from their date of issuance.
Changes to the Application Process
Under the Old Law, the application process was done entirely in person. It required the applicant to attend a meeting with Migraciones to submit the physical copy of their documents and to submit to a pre-screening of their documents by a public officer, which could lead to denial of the application due to lack of documents or insufficient documents. Under the Law, the application is done almost entirely online, and the applicant receives an institutional email where all questions and requests for clarification of the documents are immediately sent by Migraciones. The website also allows applicants to upload the specific documents required by Migraciones.
Changes in Enforcement
Previously, some applicants used the following work-around when applying for an investor visa – they incorporated their own company for a significantly reduced amount (approximately USD130) and hired themselves as the general manager or CEO of the company. This allowed them to qualify for the resident worker visa, without having to invest such a large amount of money.
However, Migraciones has now taken an oversight role to ensure applicants using this scheme are not defrauding the law. Thus, Migracionesofficers might make surprise visits to the declared premises of the company and demand the following documents:
Changes in Loss of Residency
Under the Old Law, recipients of Peruvian residency could only leave the country for a maximum period of 183 days, whether divided up or consecutive, in a 12-month period. If the resident left for more than the aforementioned number of days, this would result in the loss of their residency.
This changed under the Law, and now Peruvian residents will only suffer loss of residency if they leave the country for more than 183 consecutive days. This means that it is possible for residents to leave for 183 consecutive days, then re-enter the country on the 183rd day, to reset the time period, and then leave for an additional 183 days before having to return to Peru.
Visa Exceptions
Another change that has been introduced is visa exemptions, specifically for citizens of member countries of the Schengen Area. As such, citizens of these countries may enter Peru, without prior requirement of a visa, and request upon arrival the migratory categories of business, student or journalist visas. These visas will be granted at customs, for a period of 90 calendar days.
Other visa exemptions may apply for other countries, as seen in this link from the Ministry of Foreign Affairs.
Work and Travel Agreement Between France and Peru
Peru and France have recently entered into a Work and Travel Agreement, allowing citizens of both countries, between 18 and 30 years old, to travel and work in either country for a maximum period of 12 months. Applicants may submit their request to the embassy of the respective country they will be visiting.
International Agreements
Peru and Japan have recently signed a treaty eliminating visa requirements for tourism or business purposes for visitors, for visits of up to 90 days. This treaty came into force on 1 July 2025.
Changes in Legislation
Peru will now require visitors who are merely passing through and have no intention of staying in the country to have a transit visa. Application for this visa can be made at the Peruvian consulate of the country of residence of the applicant. This requirement does not, however, apply to citizens of countries which are exonerated from visa requirements to enter the country.
Peruvian legislation allows for the following sponsor-based work visas:
On the topic of permanent residence, the only sponsor-based work visa that leads to permanent residence is the resident worker visa. The key requirements to qualify for permanent residence are:
However, other unsponsored types of residence visas or migratory categories may qualify for permanent residence or indefinite renewal, as long as the applicant keeps fulfilling the requirements that allowed them to be granted such visas in the first place.
Unsponsored Work Visas
The primary options for visas for unsponsored work or based on bilateral country agreements are the aforementioned:
Likewise, it should be noted that the resident worker visa is only initially granted to a foreigner who is sponsored to fulfil a labour contract, as a dependant employee. However, a person who falls into this migratory category may perform unsponsored labour as an independent contractor and renew their migratory category by providing proof of income, through tax filings and service agreements.
Investment Visas
The primary option for an investment visa is the business visa and the investor visa. The business visa allows foreigners to render services strictly in the fulfilment of technical assistance agreements. Likewise, it allows the holder to carry out business, legal and entrepreneurial activities in Peru, including the signing of contracts.
The investor visa grants residence to applicants who can provide proof of an investment of up to PEN500,000 (approximately USD147,060), whether by incorporation of a company in Peru or the purchasing of shares in an existing Peruvian company.
Business visitors (on a business visa) are only allowed to carry out limited activities while in the country. Strictly speaking, these are fulfilment of technical assistance agreements, as well as business, legal and entrepreneurial activities in Peru, including the signing of contracts.
Citizens of certain countries may request a business migratory category upon arrival and registration at customs in Peru. These include citizens of member countries of the Schengen Area, and those explicitly exempt by the Ministry of Foreign Affairs, according to the following link.
Visitors are not required to apply for pre-travel authorisation before travelling to Peru. They may enter the country with either a temporary or residence visa or, if Peru has a treaty with their country, such as nationals of the Schengen Area, they may enter the country with just their passport and be granted a 90-day tourist or business visa.
It should be noted that Peru requires a transit visa for any visitors who are merely passing through and have no intention of staying in the country. Application for this transit visa can be made at the Peruvian consulate of the country of residence of the applicant. This requirement does not apply to citizens of any countries which are exonerated from visa requirements to enter the country.
Peru recognises remote working through Law No 31572 – the Law of Remote Working. As established by this law, and in order to avoid fines by labour authorities, the employer and the worker must include mandatory remote work provisions in the labour contract, such as:
In this regard, it should be noted that this law is fully compatible with the new “digital nomad” migratory category. However, this migratory category has yet to be implemented, as the requirements for application have not yet been clearly defined in the corresponding regulation.
There are no prerequisite language requirements to apply for a visa. However, a written test in Spanish is administered to citizenship applicants, with the exception of the spouse of a Peruvian citizen, who is exempt from the test.
Peru does not require visitors to have medical certificates or vaccinations to enter the country.
Concerning the employment of foreign workers in Peruvian companies, Peruvian legislation establishes the following limits and/or restrictions:
Employment-based visas in Peru are not limited to one employer. The resident worker visa allows the holder to seek employment with other companies or even render services as an independent contractor.
For renewal of residency, an applicant may even submit service agreements, as proof of employment as an independent contractor.
Nevertheless, it should be noted that most employers establish an exclusivity clause in the labour contract, to prevent the worker from working for other companies.
A criminal record check is required for any residency application. Any record of criminal behaviour will result in the denial of residency.
However, Migraciones usually limits itself to examining the records submitted by the applicant. These records must be federal records, issued by the country of residence of the applicant. They cannot be state-level records. An applicant who has been convicted of criminal offences would be advised to seek a way to expunge their records before applying.
Peruvian visas do not generally require proof of income. Proof of income is only specifically asked for three specific migratory categories:
All documents for a visa application or change of migratory application are submitted online. However, it is also recommended that the applicant has a hard copy of certain documents, in case of oversight by regulating entities. These documents include:
In addition, the original physical documents will be needed for those applying for citizenship, rather than residency.
Likewise, it should be noted that Migracioneshas established two methods of applying for a migratory category:
Applicants who opt for a change of migratory category should note that they may not leave the country for more than 30 calendar days while their application is being processed (see 4.4 Travel Restrictions Once Application Filed for details).
Visa application rules are generally the same for all countries. However, visa applications may be complicated in countries where Peru does not have a consulate, such as Venezuela. Likewise, some additional documents may be required for visa applications, such as from applicants in India, in which case the consulate will ask for an introduction letter, issued by a Peruvian company, detailing the reason for travel or business in Peru.
Concerning application times, as established by regulation, the processing time is 30 business days. Depending on the entity’s backlog, this might take significantly less (one week) or significantly more (three months). Migraciones usually experiences a backlog at the beginning and end of the year.
Once the application is filed, the individual may not travel outside the country while the application is under review, unless they have a travel permit. Travel permits can be requested online and are automatically granted, but only for a period of 30 calendar days.
Each travel permit expires upon the individual’s re-entry into Peruvian territory. However, an individual can be issued multiple permits, each one for a period of 30 calendar days.
As an example: it is possible for an individual to leave for 20 days during the application process, then re-enter the country for a period of three days, and then leave again for a full 30 days with another permit.
The same travel restrictions apply to residents who are applying for renewal of residency.
If the applicant leaves without a permit or stays outside the country past the 30-day period, then their application will automatically be denied and they will have to file another one.
It should also be noted that denial of an application does not imply an order to leave the country. A new application may be filed, as long as the requirements are met and the applicant has not been issued an order to depart.
Visa processing times cannot be expedited or fast-tracked in Peru, even for important projects.
Notably, applications can only be “fast-tracked” after the official evaluation period has been exceeded (30 business days). This is typically achieved by requesting a legalised POA from the applicant, and visiting Migraciones to exert pressure and leave an official record that the entity has exceeded the deadline to issue a response. Likewise, requests and letters of complaint are sometimes used.
From experience, visits tend to be more effective. However, Migraciones personnel will not fast-track an application unless the deadline has been exceeded.
If the application has been filed from abroad:
If the application has been filed in Peru:
Application Costs for Sponsored Employment Visas
The cost will depend on whether the application is done from abroad (visa application) or whether it is done after the arrival of the worker in Peru (change of migratory category).
The administrative fees for each, in the case of a resident worker, are as follows:
Visa application costs (from abroad)
Total average – July 2025: approximately USD175.47.
Unforeseen costs: cost of requesting apostilles for the criminal records and mailing of said documents.
Change of migratory category application costs (within Peru)
Total average – July 2025: approximately USD118.58.
Unforeseen costs: the worker will not be able to legally provide their services while the application is still under evaluation (approximately two to three months). The employer might have to assume the costs of living in this time, depending on what has been agreed with the worker. All these costs and expenses will be non-deductible for the company as well, since no labour relationship has yet been established.
For the purposes of deducting the living expenses of workers hired from abroad, the employer will have to file the application from abroad (visa application).
Visa costs for employment visas can be borne by the individual rather than the employer. Although employers typically cover the costs and expenses of the workers hired from abroad, there is no stipulation in the law that forces the employer to cover the visa costs.
However, the law does stipulate that, when it comes to the return ticket to the employee’s home country, after the contract has expired, the employer must assume that cost.
Migraciones usually takes enforcement action when immigration laws are broken. Likewise, it can take preventative enforcement action, most commonly in the form of random inspections or requests for documents to prove information declared by immigrants before the entity.
Enforcement varies between soft enforcement (random inspections and requests for documents) or fines for immigration misdemeanours, and hard enforcement such as deportation, for more serious offences.
Fines
In the case of fines, these may be levied in circumstances such as:
Deportation
In the case of deportation, this may be applied in the following cases:
Employers sponsoring employment-based visas must comply with the following obligations:
The limits placed on the hiring of foreign workers and their salaries have exemptions for personnel with professional or technical degrees, or those appointed to management positions in a start-up company (three years or less of incorporation).
Additionally, by law, foreigners whose countries have labour or multilateral treaties with Peru may also be exempt from the aforementioned conditions, as they are subject to the same labour provisions as Peruvian citizens.
Penalties may include fines, levied by the Peruvian labour authorities, of at least 2.63 tax units (approximately USD4,129.10).
Right-to-work checks do not apply in Peru. The Foreign ID Card (Carné de Extranjería) is the document which proves both residency and the right to seek employment in Peru (depending on the migratory category).
Peruvian immigration legislation recognises a dependant visa, for some family members. This visa is called “relative of resident” (Familiar Residente) and it applies to the following family members of either a foreigner with Peruvian residency or a Peruvian citizen:
It should be noted that Migraciones will not validate or accept any domestic partnership agreement issued abroad, even if this has been formalised.
On the other hand, visa categories do not impose restrictions regarding family members. They may opt for other visa categories, as long as they meet the requirements for the category.
The dependant visa, relative of resident (Familiar Residente), allows the beneficiary to perform work as either a dependant employee or an independent contractor.
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