Peru – New migration decree. Family members of resident foreigners permitted to work.

09 April 2017

Peru has issued a new migration decree in March that regulates the entry, exit, stay and residence of foreigners. The decree introduces and re-orders a wide range of visas in Temporary and Residence categories and overall makes the regulations more business-friendly. Significantly, it includes work authorization for family members of new Residence visa holders, as well as Peruvian nationals.

The new Residence visa includes, for example, a sub-category for foreigners who work in the public or private sectors under an employment contract, administrative relationship or contract for services. It also includes intra-company transferees who are assigned to a company of the same economic group or holding company, in senior management, positions of authority and specialist roles.

Eligible family members are the spouse or de facto partner and children, including adult children up to 28 years of age who are studying or otherwise dependent for health reasons, as well as parents of either partner. Family members will be able to work for any employer, or be self employed, while remaining on their dependant’s visa.

Permits Foundation applauds this development, which now places Peru among the best practice countries that allow family members to be employed or self employed on their dependent visa.

The Decree is based on underlying principles of respect for fundamental rights, recognition of the contribution of migrants in the development of the country, culture, economy, science and the development of nations. It promotes integration of the foreigner and his family into Peruvian society and culture, and guarantees family unity and non-discrimination.

Read the full text of the Legislative Decree (No 1350).

Further details on procedures related to new visas are expected within the next two months.