WORK PERMIT IN PERU
The following is a general summary of the types of employment visa categories that are typically common to corporate, international transfers.
"Regularization" of immigration status from Visitor status to Work Status
A foreign national employee may convert his or her status from that of a "Business Visitor" status to a work/residence permit while remaining in Peru. It is important to note that the foreign national must have a consular visa for the business visit affixed in his or her passport in order to regularize status. Please note that an employee may be physically present in Peru under a business visa while awaiting of his or her employment authorization; however, the employee is not granted the right to work until the Immigration Directorate approves the employee's work permit application.
Please note that accompanying family members may be present in Peru while a work and residence application is pending approval, however, family members are not allowed to regularize status in Peru. Family members are required to apply for a "Llama de Familia" (Family Calling Visa) from the Peruvian Consulate having jurisdiction over their legal residence.
Types of Work Visas
The major types of Peruvian employment visa categories are as follows:
A) Carne de Extranjeria (Residence Visa and Work Permit) Ã¢â‚¬â€œ Labour Contract for intra-company transferees and new hires transferred to an affiliate Peruvian entity;
B) Worker of a Foreign Company Visa- Labour Contract for employees who will be providing services at a client site.
The General Process
A Peruvian corporate sponsor is required to prepare a work permit application on behalf of the employee. The work permit application is filed first with the Peruvian Ministry of Labour and then with the Immigration Directorate. Once the labour contract is approved by the Ministry of Labour, the approval is forwarded to the Immigration Directorate who then forwards the approval to the Ministry of Foreign Affairs.
The Ministry of Foreign Affairs will notify the Peruvian consular post to issue the visa. The appropriate consular post is usually determined by either the employee's country of citizenship or the employee's country of legal residence.
Basic Requirements to Qualify
To qualify as a sponsor of a Carne de Extranjeria (Residence Visa), the basic requirements for the Peruvian company and the assignee are as follows:
1. The aggregate total number of foreign workers in the Peruvian entity can be no more than 20%;
2. The aggregate total salary of all foreign nationals working for the Peruvian entity can be no more than 30% of the total remunerations paid to employees;
3. The employee may circumvent the limiting percentages if he/she possess at least three-year's of direct, relevant professional experience, along with a university-level or technical degree;
4. The transfer must occur between a Peruvian company and a foreign affiliate with clear, common-parent ownership
5. The employee will be considered a Peruvian based employee by virtue of executing a Labour Contract with the Peruvian company. Said contract must be approved by the Ministry of Labour. The employee's must therefore appear on the Peruvian entity's payroll.
Peruvian Corporate Documents Required for Work Permit
The sponsoring Peruvian employer must present the following documents:
1) Labour contract indicating position, job description, benefits and salary and signed by both the employee and a legal representative of the hiring company;
2) Documentation from the employer demonstrating the financial, tax and registration information of the company;
3) Certificate of proportionality signed by the Company's legal representative indicating the number of foreign workers vis-ÃƒÂ -vis local Peruvian workers. That percentage must not exceed allowable limits.
4) Guarantee letter signed by the company's legal representative.
Employee and Family Documents
1. Complete copies of passports.
2. Certified copy of University Diploma legalized by the Consulate of Peru in the country of origin of the document as well as original diploma.
3. An up to date resume in Spanish
4. Two passport style photographs
5. Original marriage certificate legalized at the Peruvian Consulate in the country of origin of the document.
6. Original birth certificate for each of any accompanying children legalized at the Peruvian Consulate the country of origin of the document.
Documents for Presentation at Peruvian Consulate
Each consulate may require different documents. This list is not exhaustive, as the consular officials reserve the right to request additional information at their discretion. These documents apply for both a work visa application as well as for accompanying family members requesting a "Llamado de Familia" (Family Calling Visa).
1. The number and date of the approval document from the Peruvian Immigration Ministry.
2. The number and date of the cable sent from the Peruvian Exterior Relations Ministry.
3. Original passport.
4. Consular fee.
General Processing Times
The normal time to assemble the corporate and employee's personal documentation is approximately three to four weeks. Once filed, the process for obtaining a Peruvian work permit is approximately two months.
Note: Each Consulate may have slightly or widely different document requirements. It is best to check these application requirements with the Consulate once the Consulate has confirmed receipt to issue the work visa.
Validity of the Work Visa
The Carne de Extranjeria (Alien Identification Card) is valid for a period of one year and may be renewed in Peru.
Registration for Residence Permit / Tax Card with Migrations
Once the work permit application is approved, the employee must register for a "Carne de Extranjeria" with the Immigration Directorate. If the employee is arriving into Peru with a work visa from a consular post, the employee must apply for the "Carne de Extranjeria" from the Immigration Directorate within 30 days of arrival into Peru. If the employee is regularizing in Peru, the "Carne de Extranjeria" is issued immediately.
Once the family members are granted the "Llamado de Familia" visas and enter Peru, each family member must also register for the "Carne de Extranjeria" within 30 days of arrival.
Family and Dependents
Spouse and Children
The visas for family (Llamado de Familia) can only be obtained AFTER the principal applicant has obtained his/her Carne de Extranjeria. The request for the famiy's visas will be made subsequently will that of the principal applicant.
Unmarried Partners (Opposite-Sex)
There are currently no provisions for unmarried partners.
Unmarried Partners (Same-Sex)
Same-sex couples are not eligible for Peruvian immigration benefits.
Ability to Work
Spouses, dependents and unmarried partners are not granted immediate work authorization as a derivative status of the employee.