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PENALTY FOR EXCEEDING THE PERMANENCE AUTHORIZATION FOR FOREIGNERS


It is convenient to mention that, in accordance with MIGRACIONES Peruvian Law, Legislative Decree No. 1350, a foreign national incurs in an irregular immigration status in the country, among other cases, when the permanence period that has been granted to him/her by the Immigration Authority has expired, and he/she remains in the national territory.


The Regulation of the Law, approved by Supreme Decree No. 007-2017-IN establishes that MIGRACIONES verifies whether the term of the “permanence authorization” is in force or not at the moment departure of the foreign national from Peru; if it is not valid at the time, the aforementioned entity authorizes the exit of the country, requesting a previous payment of the corresponding fine.


In case the foreigner refuses to pay the fine, MIGRACIONES authorizes the exit and initiates the actions for the sanction for infringing conduct and the issuance of the “mandatory exit” order from the country and the registration of such conduct.


If the “mandatory exit” sanction is imposed, it may lead to the impediment of entering Peru for a period of up to five (5) years.


The penalty for excess of permanence when leaving the Peruvian territory is equivalent to 0.1% of the Tax Unit (UIT) in force (in the year 2020 amounts to 4,300 PEN), this is PEN 4.3 for each day of excess of permanence, equivalent to approximately US $ 1.30 per day.

AOV ABOGADOS

Febrero 2020

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