How to get legal residency status if you entered Peru before 2012

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In our first article we brought up a special situation – that of foreigners who entered Peru legally before December 31, 2011 but whose tourist visa or Carné de Extranjería is no longer valid. A law was recently passed allowing these people to get legal resident status.

*NOTE: To obtain amnesty and achieve legal resident status, the process must be started by 7 May, 2014.*

Here are the basic requirements for applying for residency in this situation:

*Requirements:*

1. Form F-04. You’ll get this when you apply for a date to start the procedure. Go to the immigration website, and the system will generate an appointment day and time to start the process either in the Lima headquarters or in a regional office of immigrants. For quick access, click on the link “citas en línea” (appointments online) and then select the link “regularización migratoria” (migratory regularization)

2. Pay the fee for “Cambio de Calidad Migratoria” (change of migratory status) of S/. 117.60

3. Payment of the fine for being an irregular resident in Peru, equivalent to US$ 1.00 per day since the visa expired.

4. Photocopy of your passport and entry stamp that has been legalized by a notary. You’ll also need the Tarjeta Andina Migratoria, the form you completed when entering Peru or a copy of your Carné de Extranjería if you have one that is now outdated.

5. Three certificates which indicate that you have no negative marks against you, which are: 1) Police 2) Judicial and 3) Criminal (these must have been emitted within the three (3) months prior to starting the process and by a competent authority. In Lima, it is possible to obtain the three certificates in half a day).

6. Certificate from Interpol, known as “Ficha de Canje Internacional” (this must be emitted within 3 months from the day that the procedure is begun.

7. Legal affidavit that during the next two years of residence, you will be working or engaged in a professional activity, if applying for migratory status as a Worker or Independent Professional.

*Process Time*
If all requirements are met, this should take 30 days. You should always check your email because if there are any observations that need to be cleaned up, you have between 2 and 10 days to do so or your procedure will be archived.

*Time of Residency*
Residency will be granted for two years. It’s important to make requests for extension of residency two months before the end of those two years.

*Procedures for Approval of Your Residency*
You can find out if your residency has been approved by checking online on the immigration website. When starting the process, you will be given a file number and electronic code for doing so. It is important that you follow up online yourself and, once approved, print out the record of approval and bring it to the immigration office where you started the process to perform the following steps:

1. Complete Form F-07A for the Central Registry of Foreigners which can be obtained on the immigrations website.
2. Present your original passport
Present a copy of the form used to initiate the process (with the file number)
3. Pay the US$ 200.00 fee for “cambio de calidad migratoria” – changing migratory status
4. Pay the US$ 15.00 fee for inscription into the Central Registry of Foreigners
5. Pay the US$ 20.00 fee for the “Tasa Anual de Extranjería ( TUA)” – Annual Foreigner’s Fee. If you owe the annual fee for prior years, you will be exempt from paying that debt. (Article 12, last paragraph, of the law).

*IMPORTANT:*
It’s important to remember that each year, starting in 2015, you must pay the US$ 20.00 annual fee (tasa anual de extranjería) between January and March, except those who are exempted according to DS 206-83-EFC, with appropriate proof.

*Comments*
The time for regularization is very short as the law was originally established with a timeframe of 180 days from 09/11/13, but it was subject to regulation within 60 days. For this reason, the actual term is from January 14 to the May 7 of 2014. Therefore, we decided to make this the subject of our first article and suggest that those who meet the criteria, get their prerequisites together and quickly begin the procedures and solicit an appointment online.

The law only applies to those people who entered the country up to and including 31/12/11, and does not exempt them from paying the fees for the time of irregular residence, *which in practice can mean paying more than US$ one thousand per person,* adding up all the fines and administrative fees.

Finally, you must remember that to take advantage of this, you must be able to formally prove your working status as either a contracted worker or an independent professional, whichever you are using to obtain temporary residence. This can be through an employment contract, tax returns, proof of deductions, etc. In the end, you will be able to remain living in Peru without problems.

For further details, you can read an expanded version of this article on Sergio’s website

*Sergio Vargas* has 19 years experience, with a specialization in immigration law, as well as tax and corporate law. For more information, visit his website or Facebook page

*Maureen Santucci*, originally from the U.S., has made Peru her home for more than five years. She writes for Fodor’s Travel Guide as well as various travel blogs when she isn’t escaping off to the mountains to hike or treating patients in her acupuncture clinic.

*Come back Monday, May 19 when we will discuss in more detail how to achieve a residence visa through employment.*Peru this Week’s new legal bloggers Sergio Vargas and Maureen Santucci bring you clear and concise instructions on how to take advantage of the new Amnesty

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