Through Superintendency Resolution No. 000170-2021-MIGRACIONES published today in the Official Gazette "El Peruano", the repeal of Superintendency Resolution No. 000104-2020-MIGRACIONES (and of Superintendency Resolution No. 000120-2020-MIGRACIONES that extended the first) have been provided. Likewise, other provisions have been issued as well regarding the immigration status of foreign nationals in the country.
As recalled, through Superintendency Resolution No. 000104-2020-MIGRACIONES, dated March 19th, 2020 that was extended by Superintendency Resolution No. 000120-2020-MIGRACIONES, dated May 2nd, 2020, different measures were provided, including:
The suspension with anticipated effectiveness to March 16th, 2020 of the administrative deadlines and the fine for excess permanence in relation to the immigration regularization established in article 220 of Supreme Decree No. 007-2017-IN, from the entry into force of the aforementioned Resolution until the completion of the State of Emergency decreed by the Peruvian State, allowing, within a period of no less than forty-five (45) calendar days, to initiate the administrative procedures for migratory regularization.
The extension with anticipated effectiveness to March 16, 2020 of the terms of the special permits granted to foreigners so that they can be absent from the national territory, as well as to those who are residents and are outside the country, from the time of entry in force of the aforementioned Resolution until the culmination of the State of Emergency decreed by the Peruvian State, as long as they have not come from the countries that temporarily closed their borders before the entry into force of the State of Emergency, whose extension is conditioned to the accreditation that comes from said country and will be made from the period in which it was found to be prevented from leaving it.
The suspension with anticipated effectiveness to March 16, 2020 for a period of thirty (30) business days of the terms provided in the Single Text of Administrative Procedures of the National Superintendency of Migration, in relation to the administrative procedures and services that are in charge of the competent units of the entity.
The extension with anticipated effectiveness to March 16, 2020, of the term of validity of the temporary or resident migratory status held by the foreign person, from the entry into force of this Resolution until the completion of the State of Emergency decreed by the Peruvian State.
The suspension with anticipated effectiveness to March 16, 2020, the period of execution of the exit order to leave the country of the foreign person, whose immigration status change procedure or requested extension has been denied, since the entry into force of the aforementioned Resolution until the end of the State of Emergency decreed by the Peruvian State.
Such provisions were issued for the suspension of deadlines and attention to procedures, in order to protect those administered and personnel in charge of the immigration authority, so that they are not affected by these containment measures assumed by the Peruvian State.
Currently, the Superintendency Resolution No. 000170-2021-MIGRACIONES establishes, among other aspects, the following:
It is precise that the term of temporary or resident immigration status granted as of March 16th, 2020, that has expired during the scopes of Superintendency Resolution No. 000104-2020-MIGRACIONES, is extended until the entry into force of the Resolution No. 000170-2021-MIGRACIONES.
It is provided that, as of the tenth day of the publication of Resolution No. 000170-2021-MIGRACIONES, the calculation of the term of temporary and resident immigration status that was extended by means of article 5 of Superintendency Resolution No. 104-2020 -MIGRACIONES, is resumed.
The calculation of the term of the authorization to stay outside the country extended by means of Article 3 of Superintendency Resolution No. 104-2020-MIGRACIONES for thirty (30), one hundred and eighty-three (183) or three hundred and sixty-five (365) calendar days, is resumed, as of the tenth day of the publication of Resolution No. 000170-2021-MIGRACIONES.
The provisions of Article 220 of the Regulation of Legislative Decree No. 1350, approved by Supreme Decree 007-2017-IN (Regularization Immigration for Excess of Permanence) are applicable for foreign nationals with temporary immigration status whose term of stay has expired on March 15th 2020. The computation of the fine for excess of permanence will resume from the tenth day of publication of Resolution No. 000170-2021-MIGRACIONES, in accordance with the provisions of the aforementioned article.
It is provided that foreigners with an irregular immigration situation as of October 22nd, 2020, may request their immigration regularization in accordance with Supreme Decree No. 010-2020-IN. If a fine has been generated for excess permanence, it will begin to be computed from the day after the expiration of the term of permanence granted until March 15th, 2020; resuming the computation from the tenth day of publication of Resolution No. 000170-2021-MIGRACIONES until the date of approval of the application.
A period of fifteen (15) calendar days is granted from the tenth day of the publication of this Resolution, to foreigners who have an exit order pending execution due to denial of their request for change or extension of immigration status, in order for them to comply with leaving the national territory, in accordance with the provisions of paragraph 61.1 of article 61 of the Regulation of Legislative Decree No. 1350.
Once the peremptory period has expired and having not complied with the provisions of this article, they are subject to the provisions of current immigration regulations.
AOV ABOGADOS
August 2021