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Immigration - Work Permit in Peru

Regularisation of immigration Status from Visitor status to Work Status

A foreign national employee may convert his or her status from that of a "Business Visitor" status to a work/residence permit while remaining in Peru. It is important to note that the foreign national must have a consular visa for the business visit affixed in his or her passport in order to regularise status. Please note that an employee may be physically present in Peru under a business visa while awaiting of his or her employment authorisation; however, the employee is not granted the right to work until the Immigration Directorate approves the employee's work permit application.

Please note that accompanying family members may be present in Peru while a work and residence application is pending approval, however, family members are not allowed to regularise status in Peru. Family members are required to apply for a "Llama de Familia" (Family Calling Visa) from the Peruvian Consulate having jurisdiction over their legal residence.

Types of Work Visa

The major types of Peruvian employment visa categories are as follows:

• Carne de Extranjeria (Residence Visa and Work Permit) – Labour Contract for intra-company transferees and new hires transferred to an affiliate Peruvian entity;

• Worker of a Foreign Company Visa – Labour Contract for employees who will be providing services at a client site.

General Procedure

A Peruvian corporate sponsor is required to prepare a work permit application on behalf of the employee. The work permit application is filed first with the Peruvian Ministry of Labour and then with the Immigration Directorate. Once the Labour Contract is approved by the Ministry of Labour, the approval is forwarded to the Immigration Directorate who then forwards the approval to the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs will notify the Peruvian consular post to issue the visa. The appropriate consular post is usually determined by either the employee's country of citizenship or the employee's country of legal residence.

Basic Requirements

To qualify as a sponsor of a Carne de Extranjeria (Residence Visa), the basic requirements for the Peruvian company and the assignee are as follows:

• The aggregate total number of foreign workers in the Peruvian entity can be no more than 20%;

• The aggregate total salary of all foreign nationals working for the Peruvian entity can be no more than 30% of the total remunerations paid to employees;

• The employee may circumvent the limiting percentages if he/she possess at least three-year's of direct, relevant professional experience, along with a university-level or technical degree;

• The transfer must occur between a Peruvian company and a foreign affiliate with clear, common-parent ownership;

• The employee will be considered a Peruvian based employee by virtue of executing a Labour Contract with the Peruvian company. Said contract must be approved by the Ministry of Labour. The employee's must therefore appear on the Peruvian entity's payroll.

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