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Approval of MIGRACIONES' new T.U.P.A. and Modification of MIGRACIONES' Regulations

On July 4th, 2021, Supreme Decree No. 006-2021-IN was published, approving the Single Text of the Administrative Procedures - T.U.P.A. of the National Superintendency of Migrations – MIGRACIONES.


Such regulation has come into effect last Friday, July 9th, 2021 with the issuance of the Annex to the aforementioned Supreme Decree, and by virtue of it, as well, the entry into force of Supreme Decree No. 002-2021-IN, which modifies various articles of the Regulations of the MIGRACIONES´ Law, approved by Supreme Decree No. 007-2017-IN.


Lines below some relevant aspects to know:


I. New requirements are established in different immigration procedures:


In this regard, it is pertinent to note that, among others, additional requirements are now needed:


  1. The presentation of a document that must be issued by a competent authority that proves that the applicant lacks judicial, criminal and police records of their country of origin or in which they have resided for the period of 5 years prior to their arrival in the Peruvian territory. It is applicable for the following procedures in residence permits: (i) In-country process post arrival of Change of Resident-Worker Immigration Status; (ii) Application for Resident-Worker Immigration Status; (iii) In-country process post arrival of Change of Resident-Designated Immigration Status; (iv) Application for Resident-Designated Immigration Status; (v) Application for Resident Training Immigration Status; (vi) In-country process post arrival of Change in Immigration Status of Resident Training; (vii) Application for Resident-Investor Immigration Status; (viii) In-country process post arrival of Change of Resident-Investor Immigration Status; (ix) Application for Resident Family Immigration Status. Minors and people with absolute disabilities that prevent them from expressing their will in an indubitable way are excepted; (x) In-country process post arrival of Change of Resident Family Immigration Status. Minors and people with absolute disabilities that prevent them from expressing their will in an indubitable way are excepted; (xi) In-country process post arrival of Change of Permanent-Resident Immigration Status. Minors and people with absolute disabilities that prevent them from expressing their will in an indubitable way are excepted, among others.

  2. The presentation of an affidavit of lack of criminal, police and judicial records in Peru and abroad. It is applicable for the following procedures: (i) Application for Temporary Training Immigration Status; (ii) In-country process post arrival of Change of Temporary Training Immigration Status; (iii) Application for Temporary Worker Immigration Status; (iv) Application for Temporary Designated Immigration Status; (v) In country process post arrival of Change of Temporary Worker Immigration Status; (vi) In country process post arrival of Change of Temporary Designated Immigration Status; (vii) Extension of Temporary Worker Immigration Status; (viii) Extension of Temporary Designated Immigration Status; (ix) Renewal of Resident Designated Immigration Status; (x) Application for Renewal of Resident Investor Immigration Status; (xi) Application for Renewal of Resident Worker Immigration Status; among others.

  3. Income and Withholding’ Report and Consultation of Contributions and Withholdings of Workers issued by SUNAT for the last 3 months. Applicable for the Application of Renewal of Resident Worker Immigration Status in the case of dependent workers.

  4. Submit an affidavit of being in compliance with the conditions and requirements that were presented in the Application of Visa or in the In Country Process Post Arrival of Change of Immigration Status. Applicable for the procedures of: Extension of Stay Authorization of Temporary Worker Immigration Status; Extension of Stay Authorization of Temporary Designated Immigration Status.


I. New Permits

  • Temporal Migratory Card - CTM: It is the identification document issued in favor of a foreign person with temporary immigration status, in order to obtain the extraordinary work permit and the special permit to sign documents.

  • Extraordinary work permit: authorizes a foreign person to carry out activities income-generating in a subordinate or independent manner for up to a period of sixty (60) calendar days. It is applicable to training and religious immigration statuses, being granted for the approved term of residence permit and allows working in health and education, both in a subordinate and independent manner.


III. Further Updates


Most of immigration procedures are subject to the negative administrative silence, this means that after the maximum period set for the issuance of the respective resolution, if it is not issued, it is understood that the application has been denied.


Likewise, the terms of attention or evaluation of the files in the administrative procedures in process before MIGRACIONES have been modified.

  • Currently both immigration procedures, In-country process/Post Arrival of Change of Immigration Status (when applicant within the country) and the Application to Obtain Visa with Consular Phase (when applicant is abroad), have an evaluation period of 30 business days. Therefore, the In-country Process/Post Arrival of Change of Immigration Status procedure must not take 60 business days (or more in practice) as it did before.

  • The Permit to Sign Documents (previously called “special permit for tourists to sign contracts”) is granted within a maximum period of five (5) business days.

  • The maximum period for evaluating the procedures for the Extension of Immigration Status and Extension of the Stay Authorization is five (5) business days.

  • The maximum term for the issuance of the authorization to stay outside the country for thirty (30) days for those who are carrying out a process of change or extension of immigration status (previously known as “special travel permit” (exit / re-entry permit)) is seven (7) business days.

Only positive administrative silence will be applied in the following immigration procedures, in case the resolution is not issued, and so those must be understood as approved:


  • Authorization to stay outside the country valid for thirty (30) days, after the period of 7 business days has elapsed.

  • Permit to sign documents, after the period of 5 business days has elapsed.

  • Extraordinary work permit, after the period of 5 business days has elapsed.


AOV ABOGADOS

July 2021

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