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Peru: New Law Introduces Digital Nomad Visa, Shorter Validity of Local Identification Cards, Among Other Changes

November 14, 2023

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  • PeruPeru

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At a Glance

The government of Peru has published a Legislative Decree that, once it is effective, will introduce the following key changes, among others:

  • A new Digital Nomad Visa;
  • A shorter validity of Local Identification Cards for foreign residents; and
  • A faster deportation process for certain foreign nationals.

These changes are expected to come into effect in the next six months with the adoption of additional legislative procedures.

The situation

The government of Peru has published a Legislative Decree that, once it is effective, will introduce a number of key changes.

A closer look

These changes include:

New Policy Details Impact
New Digital Nomad Visa
  • A new Digital Nomad Visa will be available to foreign nationals who are employed by an entity that is domiciled outside Peru, to reside in and work remotely from Peru via telecommunication systems for up to one year initially, with renewals available.
  • Digital Nomad Visa holders will not be able to perform local remunerated activities in Peru.
  • The eligibility conditions and details of the visa will be published in forthcoming regulations.
The Digital Nomad Visa will offer an immigration pathway to remote workers, which is currently unavailable.
Shorter validity for Local Identification Cards (Carné de Extranjería or “CE”)
  • Local Identification Cards for foreign nationals will be granted with the same validity period as the foreign national’s visa - one year for Resident Worker Visa holders and two years for Mercosur Workers.
  • Currently, Identification Cards have a validity of four or five years, depending on the type.
  • Foreign nationals will need to obtain more frequent renewals of their Identification Cards, which will result in administrative hurdles and increased costs.
  • Foreign nationals will need to appear in person at the immigration office to collect a renewed Identification Card at the end of their visa renewal process with the new requirement. Currently, foreign nationals are not required to appear in person before immigration officials at any stage of the visa renewal process because their Identification Card is not tied to the duration of their visa.
  • It is not yet clear how the change will impact Permanent Residents of Peru, whose Identification Cards expire every five years though their immigration status is permanent. More details are expected in forthcoming regulations.
New deportation process for certain foreign nationals
  • The decree creates a faster deportation procedure for certain foreign nationals under irregular status in Peru, or those who are determined to be a threat to national security and order.
  • The process can take as little as 48 hours, whereas currently, a deportation or expulsion process can take several months.
  • Foreign nationals should ensure they comply with Peru’s immigration and other laws.
  • No further details of this process have been released at this time.

The decree also formalizes additional causes for deportation/expulsion; other sanctions for immigration non-compliance for foreign nationals; and requirements for inter-provincial transportation companies to check immigration documents for foreign nationals, among other less impactful changes.

Background

According to the government, the new decree aims to strengthen the current immigration system to safeguard national security and facilitate safe and orderly mobility into the country.

The creation of a new Digital Nomad Visa signals the government’s concurrent aim to attract foreign investment and talent into the country. It also follows the recent implementation of the new visa for Andean nationals to encourage immigration and trade between Andean countries.

Looking ahead

Some of these changes will come into effect once the Peruvian immigration office publishes an amended Text of Administrative Procedures, expected in the next six months.

However, for the Digital Nomad Visa to come into effect, the immigration office must additionally draft and publish new immigration regulations, which is also expected to take approximately six months but can take longer. These regulations will include further procedural details on the Digital Nomad Visa process and other process changes introduced by the new Legislative Decree.

Fragomen will report on relevant developments.

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].

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  • PeruPeru

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