Ministry of Labor Confirms Details of Special Permits for Venezuelans

The situation

The Peruvian Ministry of Labor confirmed details of the Temporary Residence Permits (known as PTPs) Extraordinary Work Permit Certificates, which are work permits made available for Venezuelan nationals.

A closer look

• Elimination of work contract approval. Venezuelan nationals currently under or applying for PTPs and Extraordinary Work Permit Certificates do not need to submit their work contracts for approval to the Ministry of Labor, as foreign nationals applying for all other work permit types in Peru are required to do.
  • Impact. Affected Venezuelan nationals can start work more quickly, as they are not required to submit their contract for approval prior to starting work. Additionally, other foreign nationals may see decreased processing times for their work contract approvals since there will be significantly fewer people applying for approvals.

• New work contract validity. The Ministry of Labor confirmed that the validity of work contracts for Venezuelan nationals under PTPs or Extraordinary Work Permit Certificates must match the validity of the visa (one year for the PTP, or less if work is secured after obtaining the PTP, and 60 calendar days for the Extraordinary Work Permit Certificate). For other nationalities, the work contract can be valid from one to three years and does not need to match the validity of the foreign national’s visa.
  • Impact. Venezuelan nationals should be aware that their work contracts can only be granted for the duration of their visa, which may result in a shorter work contract.

• Foreign worker ratio applies to Venezuelans. The Ministry of Labor confirmed that the ratio of foreign to local employees continues to apply to Venezuelan nationals hired under PTPs and Extraordinary Work Permit Certificates. As before, employers are limited to hiring 20% of their workforce from a pool of foreign nationals and a maximum of 30% of the total payroll can be paid to foreign employees.
  • Exceptions. Hiring ratios do not apply to Venezuelan nationals who are also nationals of Spain or other Mercosur countries, are children of or parents of a Peruvian national, or are eligible for  permanent residence.
  • Impact. A smaller percentage of Venezuelans will be able to be hired under the PTP and Extraordinary Work Permit Certificate categories.

Background

The PTP and Extraordinary Work Permit Certificate categories were introduced in 2017 as an interim legal path to traditional visa types for Venezuelan nationals who did not have a sponsoring employer at the time they applied for a PTP or Extraordinary Work Permit Certificate. They also allow for a pathway to regularize status in Peru. The program was extended to all Venezuelan nationals entering or currently in Peru through December 31, 2018.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].