Work permits and visas in Peru

Peru has become an increasingly attractive destination for foreign professionals seeking new career opportunities. Navigating the Peruvian immigration system is crucial for both employers and employees to ensure compliance and a smooth transition. Understanding the different types of visas and work permits, application procedures, and compliance requirements is essential for a successful international assignment in Peru.

The Peruvian immigration framework is governed by the General Immigration Law and its regulations, which outline the requirements and procedures for foreign nationals to live and work in the country legally. These regulations are subject to change, so staying informed on the latest updates is vital. We'll explore the most common visa types, the work permit application process, pathways to permanent residency, dependent visa options, and the obligations of both employers and employees.

Common Visa Types for Foreign Workers

Several visa options are available for foreign workers seeking employment in Peru, each tailored to specific circumstances and employment types.

• Business Visa: Used for short-term business activities like meetings, conferences, and negotiations. It does not allow for paid employment.
• Worker Visa: This is the most common type of visa for foreign employees who have a formal employment contract with a Peruvian company. It requires sponsorship from the employer.
• Designated Worker Visa: This visa is issued to foreign workers who are being transferred to a branch or subsidiary of their company in Peru.
• Independent Professional Visa: Suitable for individuals who will be providing services in Peru as independent contractors or consultants.
• Investor Visa: Designed for individuals who are making a significant investment in a Peruvian business.

Here's a summary of the common visa types:

Visa Type	Purpose	Typical Duration	Key Requirements
Business Visa	Short-term business activities (meetings, conferences)	Up to 183 days	Valid passport, invitation letter from Peruvian company
Worker Visa	Formal employment with a Peruvian company	Up to 2 years	Employment contract, company sponsorship, qualifications for the position
Designated Worker Visa	Transfer to a branch or subsidiary of a foreign company in Peru	Up to 2 years	Proof of transfer, company sponsorship, existing employment with the foreign company
Independent Professional Visa	Providing services as an independent contractor or consultant	Up to 1 year	Service contract, proof of qualifications, registration with relevant professional association
Investor Visa	Making a significant investment in a Peruvian business	Varies	Proof of investment, business plan, registration of the company

Work Permit Application Requirements and Procedures

The work permit application process in Peru generally involves several steps and requires specific documentation. Understanding these requirements is crucial for a smooth and efficient application.

1. Job Offer: A formal job offer from a Peruvian company is the first step. The job offer must clearly state the position, salary, and responsibilities.

2. Employer Sponsorship: The Peruvian company must act as the sponsor for the foreign worker's visa and work permit. This involves demonstrating the need for a foreign worker and confirming the company's legal standing in Peru.

3. Document Preparation: Required documents typically include:

   • Valid passport
   • Curriculum Vitae (CV)
   • Professional qualifications (degrees, certifications)
   • Criminal record check from the applicant's country of origin
   • Marriage certificate (if applicable)
   • Birth certificates of dependents (if applicable)

4. Application Submission: The application is usually submitted to the Peruvian Immigration Authority (Superintendencia Nacional de Migraciones - MIGRACIONES).

5. Interview: In some cases, an interview may be required.

6. Approval and Visa Issuance: Once the application is approved, the visa is issued, and the foreign worker can legally work in Peru.

Here is a table summarizing the general work permit process:

Step	Description	Estimated Time
1. Job Offer	Receive a formal job offer from a Peruvian company.	Varies
2. Employer Sponsorship	The Peruvian company agrees to sponsor the foreign worker.	1-2 weeks
3. Document Preparation	Gather all required documents (passport, CV, qualifications, criminal record check).	2-4 weeks
4. Application Submission	Submit the application to MIGRACIONES.	1-2 weeks
5. Interview (if required)	Attend an interview with immigration authorities.	Varies
6. Approval and Visa Issuance	Receive approval and issuance of the work permit and visa.	2-4 weeks

Typical Costs: The cost of a work permit can vary, but typically includes application fees, legal fees (if using an immigration lawyer), and translation costs. It's essential to budget for these expenses. Fees are subject to change, so checking the current rates with MIGRACIONES is recommended. Typical fees range from $200 to $500 USD.

Pathways to Permanent Residency

Permanent residency in Peru offers foreign nationals the opportunity to live and work in the country indefinitely.

• Eligibility: Generally, individuals who have held a temporary resident visa (such as a worker visa) for a continuous period of three years are eligible to apply for permanent residency.

• Requirements: Key requirements include:

  • Proof of legal residence in Peru for the required period.
  • A clean criminal record.
  • Proof of sufficient financial means to support oneself and any dependents.
  • Payment of the application fee.

• Application Process: The application is submitted to MIGRACIONES, and applicants may be required to attend an interview.

The permanent residency permit grants the same rights as a Peruvian citizen with the exception of voting rights.

Dependent Visa Options

Foreign workers in Peru can often bring their immediate family members with them. Dependent visas are available for spouses and children.

• Eligibility: Spouses and children under 18 (or up to 25 if enrolled in full-time education and dependent on the primary visa holder) are typically eligible.

• Requirements:

  • Proof of relationship (marriage certificate, birth certificates).
  • Proof of the primary visa holder's legal status in Peru.
  • Evidence of financial dependency.
  • Medical insurance coverage.

• Rights: Dependents with a visa are allowed to reside in Peru but generally cannot work unless they obtain their own work permit.

Visa Compliance Obligations for Employers and Employees

Both employers and employees have crucial responsibilities regarding visa compliance.

Employer Obligations:

• Sponsorship: Employers must ensure they meet the requirements for sponsoring foreign workers, including demonstrating the need for foreign talent and complying with labor laws.
• Accuracy of Information: Providing accurate and truthful information in the visa application is essential.
• Monitoring Compliance: Employers should monitor the visa status of their foreign employees and ensure they comply with all regulations.
• Reporting Changes: Employers must report any changes in employment status (e.g., termination, change in job title) to MIGRACIONES.

Employee Obligations:

• Accurate Information: Providing accurate and truthful information in the visa application.
• Visa Validity: Ensuring that their visa remains valid and renewing it before it expires.
• Compliance with Visa Conditions: Adhering to the conditions of their visa, such as working only for the sponsoring employer.
• Reporting Changes: Reporting any changes in personal circumstances (e.g., change of address, marriage) to MIGRACIONES.
• Understanding Local Labor Laws: Familiarizing themselves with Peruvian labor laws and regulations.

Non-compliance with visa regulations can result in penalties, including fines, deportation, and restrictions on future entry to Peru. Both employers and employees should take their compliance obligations seriously to avoid these consequences. Employers of Record can help navigate and maintain compliance, reducing the burden on companies and employees.