ALERT – MIGRATIONS
TUPA of the National Superintendence of Migration – MIGRATION
On Sunday, July 4, 2021, Supreme Decree Nº 006-2021-IN was published, adopting the Sole Ordered Text of Administrative Procedures – TUPA of the National Superintendence of Migration – MIGRATIONS.
The Supreme Decree enters into force 5 working days after its publication, today Friday, July 9, 2021.
New requirements
New requirements have been established for the different migration procedures, including the following:
- Presentation of document issued by competent authorities certifying lack of judicial, criminal and police record in their country of origin or in which the applicants had resided for the period of 5 years prior to their arrival to the national territory.
- Applicable for the following procedures: Change of Migratory Status Resident Worker, Application for Migratory Status Resident Worker (formerly work visa), Change of Migratory Status Designated Resident (formerly designated visa), Application for Designated Resident Migration Status.
- Submit an affidavit of lack of criminal, police and judicial record in Peru and abroad.
- Applicable for the following procedures: Change of Migratory Status Temporary Worker, Application for Migratory Status Temporary Worker, Change of Migratory Status Temporary Designated, Application for Migratory Status Temporary Designated, Extension of Migratory Status Resident Worker, Extension of Temporary Worker Stay, Extension of Migratory Status Designated Resident, Extension of Temporary Stay Designated.
- Report of Income and Withholdings and consultation of contributions and withholdings of workers of the SUNAT, of the last 3 months.
- It applies for the procedure of Extension of the Migratory Status Resident Worker.
- Submit an affidavit of compliance with the conditions and requirements that were submitted in the application for the migratory status.
- Applicable for the following procedures: Extension of Temporary Worker Stay, Extension of the Migratory Status Designated Resident, Extension of Temporary Stay Designated.
New migration procedures
New migration procedures have been introduced, among which the following stand out:
- Issuance of Temporary Migratory Card – CTM: It is an identification document in favor of the foreigner with temporary migratory status (tourists and business visas), in order to obtain the extraordinary work permit and the special permit to subscribe documents.
- Extraordinary work permit: Authorizes the foreigner to carry out subordinated or independent income generating activities. The permit may be requested by foreigners who have a Temporary Migratory Card (CTM) and is granted for a term of up to sixty (60) calendar days. It also applies to the migrant qualifications in training and religious, and the permit is granted for the approved term of residence.
Deadlines for attention
In the new TUPA of the National Superintendence of Migration, the deadlines for attention or evaluation of the migratory procedures have been modified:
- For the migratory procedures of Change of Migratory Status and Application for Migratory Status, the evaluation term has been unified to 30 working days.
- For the procedures of Extension of Migratory Status and Extension of Stay, the evaluation term has been unified to 5 working days.
- Authorization to stay outside the country for thirty (30) days for those who are carrying out a process of change or extension of migratory status (before a special travel permit): 7 working days.
- Permission to sign documents (before special permission to sign contracts): 5 working days.
- With the entry into force of the new TUPA, the positive administrative silence shall be applied in migration procedures:
- Authorization to stay outside the country for thirty (30) days for those who are making a change or extension of migratory status: 7 working days.
- Permission to sign documents: 5 working days.
- Extraordinary work permit: 5 working days.
- Renunciation to the Peruvian nationality: 30 working days.
- Positive administrative silence: If the term of attention has expired, the petition is deemed approved.
