Research Directorate, Immigration and Refugee Board of Canada

1. Overview

The UNDP writes in its 2022 report on immigration to Peru that the country hosts "the second-largest community of Venezuelan migrants in the world," and notes that 75 percent of this population of around 1 million Venezuelan nationals resides in Lima (UN 2022-10-11, 3). The UN International Organization for Migration (IOM) states in a 2024 report that 1.5 million Venezuelan nationals reside in Peru, and "[a]round" half of them do not have a regularized status (UN 2024-10-07). The same source indicates that "[m]any" Venezuelans perceive Peru "as a transit country" on the way to other countries like Chile and Argentina, "further complicating their integration process" (UN 2024-10-07).

According to IOM, in 2023 Peru launched a Temporary Stay Permit Card (Carné de Permiso Temporal de Permanencia, CPP) for Venezuelans who wish to regularize their immigration status, from which more than 120,000 Venezuelan nationals have benefitted, and "thousands more" have pending permit applications (UN 2024-10-07). The source adds that the CPP grants Venezuelans the right to work and "facilitates" access to bank accounts, health care, education, and other public services (UN 2024-10-07). The National Migration Authority (Superintendencia Nacional de Migraciones, MIGRACIONES) of Peru, which falls under the Ministry of the Interior (Ministerio del Interior), similarly indicates that the CPP process was launched in 2023, to allow qualifying foreign nationals in an irregular migratory situation in Peru to apply between 10 May 2023 and 10 November 2023 and obtain a temporary permit to stay in the country (Peru 2024-05-16); some foreign nationals had previously acquired the CPP through a process in 2020 (Peru 2024-02-05). The same source writes in a press release that by the end of 2023, there was a total of 875,000 foreign nationals registered with MIGRACIONES in Peru; the number of foreign nationals that held or were close to obtaining regular migration status increased by [translation] "more than" 50 percent when compared with the same period in 2022 (Peru 2024-02-10). The same press release adds that 79.9 percent of these regular migrants are Venezuelan nationals (Peru 2024-02-10).

Additionally, MIGRACIONES reports in another press release on its website that effective 2 July 2024, Resolution No. 121-2024-Migraciones, published on 27 June 2024, standardizes entry requirements for all Venezuelan nationals, [translation] "who must present their valid passport and corresponding visa issued by a Peruvian consular office" in order to enter Peru; this change to the process for Venezuelan nationals enter Peru aligns it with "the treatment provided to all people from countries for which a visa is required" to enter the country (Peru 2024-07-02). Superintendency Resolution No. 000121-2024-MIGRACIONES (Resolución de Superintendencia No 000121-2024-MIGRACIONES) provides the following regarding the entry requirements of Venezuelan nationals:

[translation]

Article One.- To render null and void Superintendency Resolution No. 000177-2019-MIGRACIONES, dated June 12, 2019.

Article Two.- To stipulate that, for the purposes of immigration control over entry into the national territory, foreigners of Venezuelan nationality must present the following documentation:

1. Temporary Immigration Status, requires:
   
   1. A valid regular Venezuelan passport; and,
   2. Corresponding visa granted by a Peruvian Consular Office.
2. Resident Immigration Status, requires:
   
   1. A valid regular Venezuelan passport; and,
   2. Corresponding visa granted by a Peruvian Consular Office.
3. Resident Immigration Status, Humanitarian version, requires:
   
   1. A valid regular Venezuelan passport; and,
   2. A valid Humanitarian Visa granted by a Peruvian Consular Office.

Article Three.- To permit, on a one-time basis, the submission of applications for a change of immigration status by Venezuelan foreigners with expired passports, provided that their last entry into the country occurred before this resolution came into effect and that they remain in the national territory. They must also comply with all other requirements and conditions specific to each procedure. (Peru 2024, bold in original)

According to Agencia Peruana de Noticias (Andina), Peru's state-run news agency (Andina n.d.), in late July 2024 the Venezuelan embassy in Peru suspended all consular services and procedures, including the issuance of passports and other travel documents (Andina 2024-07-31). Peru had ordered embassy officials to leave the country following a dispute over the winner of Venezuela's presidential elections (Andina 2024-07-31). During the same period, El Comercio, a Peruvian daily newspaper, reports that Peru's national police and armed forces were deployed to secure a portion of the country's northern border against a [translation] "new wave" of Venezuelan migrants, and that authorities "are carrying out immigration controls, requiring foreign citizens to present the necessary documentation, such as visas and valid passports" (2024-07-30).

2. Eligibility for Resident Status

2.1 Eligibility for Permanent Resident Status

Legislative Decree No. 1350 (Decreto Legislativo No 1350), also called the Legislative Decree on Immigration (Decreto Legislativo de Migraciones), provides the following regarding the permanent resident status in Peru:

[translation]

29.2. Residence: Authorizes entry intro and/or residence in the territory of the Republic. These Immigration Statuses are extendable and allow multiple entries. The Immigration Categories for Residence are as follows:

…

m. Permanent

This status allows a foreigner to reside in Peru indefinitely after having been a legal resident for three (3) years.

This status is granted by MIGRACIONES.

The period of stay is without limit.

… (Peru 2017, bold in original)

According to MIGRACIONES, foreign nationals who have resided in Peru for at least 3 consecutive years, [translation] "whether as a worker, investor, researcher or member of a religious community," can request to change their immigration status to that of permanent resident (Peru 2024-11-27). Additional conditions to apply for the permanent resident status include the following:

• Applicants must not have a police, criminal, or judicial record in the country of origin and in the countries where they have stayed or resided.
• In the 3 years of residence in Peru, applicants must not have been outside of the country for [translation] "more than 183 consecutive calendar days within a 365-day period, unless [the applicant] has authorization to stay outside of the country."
• Applicants with "a proven physical or mental disability" keeping them from stating their intent must be accompanied by a safeguard, support, or legally recognized [supporting] person (Peru 2024-11-27).
  
  

The same MIGRACIONES webpage further states that applicants may only apply on their own behalf and not through an agent; however, the same page includes a note indicating that Resolution No. 0628-2024-SEL-INDECOPI (Resolución N° 0628-2024-SEL-INDECOPI), published on 26 November 2024, found this provision to be an [translation] "illegal bureaucratic barrier" and that "therefore, the intervention of a proxy is allowed in this procedure" (Peru 2024-11-27).

2.2 Eligibility for Family Member Resident Status

Legislative Decree No. 1350 provides the following regarding the family member resident status in Peru:

[translation]

i. Relative of resident

This status allows a foreigner to reside in Peru if they are a member of the family immigration unit of a Peruvian or foreign resident. Such individuals are permitted to engage in paid work as an employee or self-employed person.

This status is granted by MIGRACIONES.

The period of stay is up to two years.

… (Peru 2017, Art. 29.2, bold in original)

The information in the following paragraphs on the eligibility of persons of legal age [1] applying for a resident visa for family members is provided on the MIGRACIONES website:

Adult foreign nationals who have a [translation] "proven family relationship" with a Peruvian national or a foreign resident of Peru with regular immigration status may apply for a resident visa for family members on the MIGRACIONES website. A resident visa for family members allows the holder "to enter or remain in the national territory and carry out income-generating activities" as an employee or self-employed worker. To qualify for the visa, applicants must

• apply from outside the country
• not have a police, criminal, or judicial record in their country of origin or in any country in which they have stayed or resided
• have a "proven" family relationship with a Peruvian [citizen] who has a valid National Identity Document (Documento Nacional de Identidad, DNI) [2] or with a foreigner residing in Peru who has "updated data" and current residency. Article 38 of Legislative Decree No. 1350 [3] stipulates which family relationships qualify (Peru 2024-06-17).
  
  

The same webpage indicates that if a guardian, safeguard, support, legally recognized [supporting] person, or legal representative must be involved in the process, applicants must submit the requirements stipulated in articles 56-A, 56-B, and 56-C [4] of the 2021 Supreme Decree that Amends the Regulations of Legislative Decree No. 1350, Legislative Decree on Migration, and the Regulations of Law No. 26574, Law on Nationality (Decreto Supremo que modifica el Reglamento del Decreto Legislativo Nº 1350, Decreto Legislativo de Migraciones y el Reglamento de la Ley Nº 26574, Ley de Nacionalidad), also called Supreme Decree No. 002-2021-IN (Peru 2024-06-17).

To change one's existing immigration status to that of a family member resident from within the country, another MIGRACIONES webpage indicates that such a request can be made through its website (Peru 2024-04-22). The source lists the following conditions for such a request:

[translation]

• [Applicants] must be in the country at the time of submitting the application.
• [Applicants must] not have a police, criminal, or judicial record in the country of origin or in any countries where they stayed or resided previously.
• [Applicants must] have a proven family relationship with a Peruvian [citizen] or with a foreigner residing in Peru, according to Legislative Decree No. 1350.
• If the [applicant] has a physical or mental disability that prevents them from expressing their intent, they must be accompanied by a safeguard or legal representative, in accordance with Supreme Decree No. DS 002-2021.
• If the resident family member is Peruvian, they must have a valid DNI. If they are a foreigner, they must have updated data and valid residency.
• Minors must be accompanied by a parent or guardian, as applicable. (Peru 2024-04-22)
  
  

The information in the following paragraphs on requesting family member resident status for minor children is provided on the MIGRACIONES website:

For a foreign national who has an underage child with a Peruvian [citizen] or foreign resident to apply for a family member resident visa for the child, the following conditions must be met:

• The applicant must be outside the country.
• The applicant must not have a police, criminal, or judicial record in their country of origin or in any country where they have stayed or resided before entering Peru.
• The applicant must have a proven family relationship (as stipulated in article 38 of Legislative Decree No. 1350) with a Peruvian [citizen] who has a valid DNI or with a foreigner residing in Peru who has [translation] "updated information" and valid residency.
• For a guardian, safeguard, support, legally recognized [supporting] person, or legal representative to be involved, the requirements stipulated in article 56-A, 56-B, and 56-C of Supreme Decree No. 002-2021-IN must be submitted.
  
  

If the family member is Peruvian, the visa is valid for 2 years, while if the relevant relationship is with a foreign resident of Peru, the visa is valid for 1 year; in both cases, the visas are renewable (Peru 2024-07-10).

3. Requirements and Procedures to Obtain Permanent Resident Status

3.1 Requirements and Procedures to Obtain Permanent Resident Status Through Permanent Resident Visa

Information on the requirements and procedures to obtain a permanent resident visa could not be found on Peru's MIGRACIONES website or among other sources consulted by the Research Directorate within the time constraints of this Response.

3.2 Requirements and Procedures to Obtain Permanent Resident Status by Requesting a Change of Immigration Status to Permanent Resident

The information in this section on applying for an immigration status change to permanent resident is provided on the MIGRACIONES website:

The following documents are required to apply for a status change to that of permanent resident:

[translation]

• Completed and signed form for change of immigration status.
• Uncertified copy of your valid passport or similar travel document … recognized by Peru as a travel document.
• Document issued by a competent authority, certifying that you have no judicial, criminal or police record, either in your country of origin or in the countries where you have resided for a period of 5 years prior to your arrival in [Peru]. Minors and persons [in a state of] absolute incapacity that unquestionably prevents them from expressing their intent are exempt [from this requirement].
  
  

The application fee is 162.50 soles (PEN) [C$63], payable at any Bank of the Nation (Banco de la Nación) [5] branch. Applicants shall receive a response to their application within 30 business days of submission and may track the status of their request through the MIGRACIONES personal electronic mailbox (Peru 2024-11-27).

4. Requirements and Procedures to Obtain Family Member Resident Status

4.1 Requirements and Procedures to Obtain Family Member Resident Status Through Family Member Resident Visa

IOM indicates that in 2020, MIGRACIONES introduced the Digital Migration Agency (Agencia Digital de Migraciones), allowing family reunification applicants to complete the process virtually, enacted by the Supreme Decree approving the regulations of Legislative Decree No. 1350 (UN 2022, 14).

The information in the following paragraphs on persons of legal age applying for a family member resident visa is provided on the MIGRACIONES website:

The following documents are required of all persons of legal age requesting a family member resident visa based on their familial relationship with a Peruvian [citizen] or foreign resident:

[translation]

• [Immigration Status Request] Form
• Receipt number and the date of payment of the [application] processing fee.
• Uncertified copy of the valid passport.
• Document issued by the competent authority certifying [the applicant's] lack of judicial, criminal, or police record in [their] country of origin or in countries where [they] have resided for the 5 year-period preceding [their] arrival in [Peru]. Minors and persons with total and permanent disabilities that prevent them from clearly expressing their will are exempt.
  
  

The following documents are additionally required of individuals applying for the visa on the basis of marriage or common-law union:

• Applicants married to a Peruvian [citizen]: a copy of the marriage certificate "valid for 90 calendar days if registered in Peru, or 180 calendar days if registered at the Peruvian Consulate, certified by the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores, RREE)."
• Applicants married to a foreign resident of Peru whose marriage took place in Peru: a copy of the marriage certificate issued by the National Registry of Identification and Civil Status (Registro Nacional de Identificación y Estado Civil, RENIEC), with a validity of 90 calendar days.
• Applicants married to a foreign resident of Peru whose marriage took place outside of Peru: a "[c]opy of … a marriage certificate certified by the Peruvian Consulate and certified by the [RREE] or apostilled, … with a validity of 6 months."
• Applicants in a common-law partnership with a Peruvian citizen or foreign resident of Peru: an affidavit attesting to having registered the common-law union with the National Superintendency of Public Registries (Superintendencia Nacional de Registros Públicos, SUNARP), indicating the entry number (número de asiento) and the certificate of registration (partida registral).
  
  

Visa applicants who are adult children (aged up to 28) of a Peruvian [citizen] or foreign resident of Peru and who are pursuing postsecondary studies must additionally provide the following documents:

• Copy of birth certificate certified by the Peruvian Consulate and by the [RREE] or apostilled.
• Affidavit of single marital status.
• Uncertified copy of a certificate of enrolment issued by a centre for technical or higher education that has official recognition from the Peruvian state, mentioning the [applicant's] names and surnames, the type of study and duration.
  
  

For children above the age of 18 who are unmarried and have a "proven physical or mental disability," the following documents are additionally required:

• Birth certificate certified by the Peruvian Consulate and by the [RREE] or apostilled.
• Affidavit of single marital status, signed by their legal representative (safeguard, support, legally-recognized [supporting] person, or legal representative) if a disability prevents them from clearly expressing their will; otherwise, the declaration is signed by the applicant.
• An uncertified copy of the official document issued by the competent authority that attests to the condition of permanent disability that makes it impossible for [the applicant] to look after themself.
  
  

For parents of a Peruvian [citizen] or foreign resident, a birth certificate for their child, certified by the Peruvian Consulate and by the RREE or apostilled, which proves their relationship to the applicant, is additionally required.

For parents of the spouse or common-law partner of a Peruvian citizen or foreign resident, a birth certificate for their child, certified by the Peruvian Consulate and by the RREE or apostilled, "which proves [their] paternal or maternal relationship to one of the parties in the common-law union or marriage," is additionally required.

Finally, the application fee is 58.80 PEN [C$23], payable at any Bank of the Nation branch; the payment date and receipt number must be included with the supporting documents for the application. Applicants will receive a response to their application within 30 business days of the date of submission, and may track the status of the request through their MIGRACIONES personal electronic mailbox (Peru 2024-06-17).

The information in the following paragraphs on minor children applying for the family member resident status is provided on the MIGRACIONES website:

Foreign nationals who have an underage child with a Peruvian [citizen] or foreign resident may request a family member resident visa through the MIGRACIONES website and must include the following requirements:

• Immigration Status Application Form
• Receipt number and payment date for the application fee
• Uncertified copy of the applicant's valid passport.

[translation]

If [the applicant is] married to a Peruvian:

• Copy of [the] marriage certificate valid for 90 days, if it was registered in Peru, or 180 calendar days if it is registered with the Peruvian Consulate and authenticated by the [RREE].

If [the applicant is] married to a foreigner:

• A copy of [the] marriage certificate issued by the [RENIEC], if [it] was performed in Peru, valid for 90 calendar days. If [it] was performed abroad, a marriage certificate legalized by the Peruvian Consulate and by the [RREE], or apostilled, valid for 6 months.

If [the applicant is] in a common-law union:

• Affidavit of having registered the common-law union before the SUNARP and that indicates the entry number and certificate of registration.
  
  

Finally, the application processing fee is 58.80 PEN, payable at any Bank of the Nation branch; the payment receipt number must be included with the supporting documents for the application. Applicants may track the status of the request through their MIGRACIONES personal electronic mailbox (Peru 2024-07-10).

4.2 Requirements and Procedures to Obtain Family Member Resident Status by Requesting a Change of Immigration Status to Family Member Resident

The information in the following paragraphs on requesting a change of immigration status to that of family member resident is provided on the MIGRACIONES website:

For foreign residents of Peru wishing to change their existing immigration status to family member resident, the following documents are required:

[translation]

• Duly completed Change of Immigration Status form.
• An uncertified copy of the passport or similar valid travel document recognized in the country.
  
  

Additionally, the following documents are required for individuals applying for family member resident status for the minor child of their foreign spouse or common-law partner, depending on their situation:

• If married to a Peruvian [citizen]: copy of the marriage certificate. If it was registered in Peru, it must be valid for a maximum of 90 calendar days. If it was registered at the Peruvian Consulate, it must be certified by the [RREE] with a validity of 180 calendar days.
• If married to a foreigner [resident]: uncertified copy of the marriage certificate. If the marriage took place in [Peru], it must be valid for 90 calendar days, or if it was abroad, it must be certified by the [RREE] and be valid for 180 calendar days.
  
  

Finally, the fee to apply for a change of immigration status to family resident is 161.40 PEN [C$63], payable at any Bank of the Nation branch. Applicants will be notified of the outcome of their application within 30 business days, and may track the status of the request through their MIGRACIONES personal electronic mailbox (Peru 2024-04-22).

5. Foreigner's Identity Card (carnet de extranjería)

According to MIGRACIONES, the Foreigner's Identity Card (carnet [carné] de extranjería, CE) is the identity document that [translation] "certifies" its holder as a foreign resident of Peru, allowing them to "work, study, start a business, join the public health system, acquire a phone plan, access bank loans, and more" (Peru 2024-01-14).

Another MIGRACIONES webpage indicates that foreigners who have entered the country with a resident visa and immigration status granted by MIGRACIONES, or who have a humanitarian or refugee immigration status granted by the RREE, must request a CE from within Peru (minors must be accompanied by a parent or guardian for this procedure) (Peru 2024-07-03). The requirements for requesting a CE are as follows:

[translation]

• [Complete and submit the] SE Form – Issuance of the Foreigner's Identity Card
• Indicate the receipt number and date of payment of the processing fee, if in possession of a visa authorizing resident status approved by MIGRACIONES.
• Present the passport or similar travel document with which [the applicant] entered the country, where the latter is recognized by Peru as a travel document.

In the case of minors, when they have a guardian:

• When they have a guardian, present the copy certified by jurisdictional authority of the judgment or judicial resolution that grants such a condition or an analogous public instrument; if the document was issued by a foreign authority, it must be certified by the Peruvian consulate and by the [RREE] or apostilled, or, failing that, [accompanied by] an affidavit of authenticity of the document.

In the case of a foreigner who has a visa that authorizes resident immigration status approved by MIGRACIONES, they must additionally present:

• International Exchange Card issued by the NCB INTERPOL [6] - Lima of the National Police of Peru, with a date of issue no older than six (6) months. Minors are exempt from this requirement. (Peru 2024-07-03, bold in original)
  
  

Finally, the processing fee for this request is 24 PEN [C$9.18], payable on the págalo.pe platform, or at a Bank of the Nation branch (Peru 2024-07-03). After payment, the applicant may complete their request on the MIGRACIONES website (Peru 2024-07-03). Upon issuance of the CE, an appointment to collect it must be made at a MIGRACIONES location that the applicant chose in their application, during which the applicant must present the travel document or other identity document used to apply for their immigration status (Peru 2024-07-03).

6. Rights and Obligations of Residents

Legislative Decree No. 1350 provides the following regarding the rights and obligations of foreign residents:

[translation]

Article 9.- Rights of foreigners

9.1. The state acknowledges that foreigners are entitled to the fundamental rights outlined in the Political Constitution of Peru, including access to health, education, and employment, under the same conditions as nationals, except where current legislation imposes prohibitions and limitations.

9.2. The state shall provide foreigners with information about the requirements for entering, departing, and staying or residing in the national territory, along with any other necessary information.

Article 10.- Foreigners must:

10.1 Present their identity or travel document proving their current immigration status when requested by MIGRACIONES, the National Police of Peru, or other Peruvian authorities having jurisdiction.

10.2 Enter and exit the country through authorized immigration and/or border control posts.

10.3 Keep their immigration status up-to-date for the purpose of staying or residing in the national territory and pay the corresponding fees on time.

10.4 Promptly provide MIGRACIONES with the necessary information to keep the Immigration Information Registry up to date.

10.5 Engage only in activities authorized by the visa or immigration status granted.

10.6 Respect the current regulatory framework, especially regarding Peru's historical and cultural heritage.

Article 11.- Foreigners in vulnerable situations

11.1 MIGRACIONES and the Ministry of Foreign Affairs shall make the competent authorities aware of vulnerable situations faced by immigrants. This is to ensure that appropriate administrative or judicial actions are taken to protect their rights, especially for children and adolescents, the elderly, persons with disabilities, indigenous people, victims of human trafficking and migrant smuggling, victims of family and sexual violence, and those needing protection due to serious threats to or violations of their fundamental rights.

11.2 MIGRACIONES and the Ministry of Foreign Affairs, within their areas of responsibility, shall establish criteria for assisting individuals in vulnerable situations. They may issue relevant documents and/or temporary stay or residence permits. (Peru 2017, bold in original)

According to IOM, health insurance coverage for foreign residents with a regularized immigration status in Peru grants them access to "social protection, whether they are temporary or permanent migrants," and the Peruvian government "guarantees" treatment for persons living with HIV, "regardless of their nationality or whether they have Comprehensive Health Insurance" (UN 2022, 14).

The IOM notes that the Political Constitution of Peru (1993) protects access to education and "envisages" universal and equal access (UN 2022, 15). However, the same sources details that access to postsecondary education is predicated on the provision of a "certificate of economic solvency," which "in practice" "restricts" the access of migrants and undocumented persons (UN 2022, 15). To facilitate access to primary and secondary schooling for undocumented migrants the government of Peru has begun accepting "a sworn declaration of identity for the purpose for registering as students"; however, this must be replaced by the provision of one of the "accepted documents within a period of one year" (UN 2022, 15). The Danish Refugee Council (DRC), an international humanitarian NGO that works to assist and protect the rights of refugees and displaced persons (DRC n.d.), and Encuentros - Servicio Jesuita a Migrantes (SJM) state in a publication covering October–November 2024, for which they surveyed 201 households (603 individuals) in Lima, Callao, and Tacna, Peru, that [recent] immigration reforms have made it more [translation] "challeng[ing]" to access education, with 53.4 percent of migrant and refugee children and teenagers finding themselves "outside the education system" (DRC & Encuentros – SJM 2024-11, 1).

IOM reports that provisions allow migrants to work "on the same basis as nationals," but there are "legal exceptions" limiting the employment of foreigners to no more than "20 per cent of the total number of workers," and their salaries to no more than "30 per cent of the total payroll" (UN 2022, 15). The MIGRACIONES website indicates that Peru's family member resident status allows holders to perform income-generating activities as an employee or a self-employed worker, and permits them to reside in Peru for a period of [translation] "up to" 2 years if they have a family relationship with a Peruvian citizen, or 1 year if the family relationship is with a foreign resident of Peru (Peru 2024-04-22). Holders can request to extend their visa for the same applicable length of time (Peru 2024-04-22).

7. Circumstances Leading to the Loss of Permanent Residence

Legislative Decree No. 1350 provides the following regarding the cancellation and loss of immigration statuses of residence:

[translation]

Article 32.- Grounds for cancellation of Immigration Status

32.1 MIGRACIONES, within the scope of its authorities, may order the cancellation of Immigration Status in the following cases:

1. At the request of a party.
2. Death or court declaration of death or absence.
3. Naturalization.
4. Application of the penalty of Compulsory Departure and Expulsion, following the corresponding penalty procedure.
5. Change of immigration status.

32.2 The Ministry of Foreign Affairs may cancel immigration statuses granted within the scope of its authorities in the cases described in letters a), b), and e) of paragraph 32.1 above.

Article 33.- Loss of the Immigration Status of Residence due to absence from the national territory

33.1 Foreigners with any Immigration Status of Residence, except Permanent, shall lose their status if they are absent from the national territory for more than one hundred and eighty-three (183) consecutive days within a three hundred and sixty-five (365)-day period.

33.2 Foreigners with the Immigration Status of Permanent Residence shall lose their status if they are absent from the national territory for more than three hundred and sixty-five (365) consecutive days.

33.3 Foreign residents who are absent from the national territory for justified reasons are exempt. In such cases, the period of absence may be extended, provided that the corresponding authorization of absence is applied for and obtained from MIGRACIONES. (Peru 2017, bold in original)

Additional articles on compulsory departure and expulsion of migrants from Peru provide the following:

[translation]

Article 57.- Compulsory departure from the country

57.1. The following situations require the compulsory departure of foreigners from the country:

1. Entering the country without passing through immigration controls and failing to apply for regularization, resulting in an irregular immigration status.
2. Exceeding the granted period of stay and not applying for regularization within the period established by regulations, resulting in an irregular immigration status.
3. Failing to comply with or violating mandatory public health regulations.
4. Being sanctioned by the competent authority for serious or very serious environmental misconduct.

57.2. To determine the application and duration of the re-entry ban, MIGRACIONES will consider, without distinction, the person's means of subsistence or resources ensuring their survival, family ties, and the circumstances that led to their compulsory departure.

Article 58.- Expulsion

58.1. Foreigners shall be expelled if they:

1. Carry out immigration procedures using false documentation or provide false information.
2. Repeatedly commit any of the compulsory departure offences outlined in Article 57 of this Legislative Decree.
3. Fail to comply with a compulsory departure order issued under this Legislative Decree.
4. Enter the country without passing through immigration controls, despite being subject to a current mandatory exit order, resulting in an irregular immigration status.
5. Attack the cultural heritage of the Nation.
6. Engage in activities that threaten public order, internal order, or national security.
7. Are expelled by mandate of the Judiciary.
8. Are released after serving a sentence imposed by a Peruvian court.

58.2. Asylum and refugee cases are governed by the corresponding regulations. (Peru 2017, bold in original)

8. Possibility of Extending Resident Status

According to MIGRACIONES, applicants can extend their resident status for the same period of stay 30 days before the expiry of the current period for the following immigration statuses:

[translation]

• Researcher
• Worker
• Member of a religious organization
• Investor
• Family member resident
• Special resident
• Training or studies in degrees recognized by the Peruvian state
• Refugee or asylum seeker
• Designated worker. (Peru 2022-02-06)
  
  

According to MIGRACIONES, holders of resident statuses can request an authorization to stay outside of Peru for more than 183 consecutive days, in cases of [translation] "emergency or force majeure," through the MIGRACIONES website (Peru 2024-07-31). MIGRACIONES adds that an up-to-date foreigner's identity card and a valid residence permit are required to undertake the process; the associated fee is 30.20 PEN [C$11.58], payable online and at any branch of the Bank of the Nation, the receipt for which must be included in the online application (Peru 2024-07-31). Finally, the request takes up to 30 business days to process, the result of which will be communicated by email to the requestor (Peru 2024-07-31).

Another webpage of MIGRACIONES details the process for a permanent resident to request an authorization to stay outside of the country for more than 365 calendar days due to an emergency or translation "force majeure" (Peru 2024-02-01). An up-to-date foreigner's identity card and valid residence permit are required to undertake the process; the processing fee is 30.50 PEN [C$11.75] and a receipt for its payment made at a Bank of the Nation branch must be included in the online application (Peru 2024-02-01). Finally, the source states that the result of the request will be communicated to the requestor's email within 30 business days (Peru 2024-02-01).

MIGRACIONES further indicates an online procedure by which a resident who is in the process of changing their immigration status or requesting its extension and who must leave the country during the processing time can request an authorization to leave Peru for up to 30 calendar days (Peru 2025-02-10). If granted, remaining outside of the country for more than the allowable 30-day period will result in a rejection of the pending immigration status extension or change request (Peru 2025-02-10). The conditions to apply are as follows:

[translation]

• You must apply 48 hours before your trip.
• The authorization is only valid to be used once. If you want to leave the country again, you must apply for a new permit.
• If your departure time is between 00:00 hours and 03:00 am, it is better to generate your permit to stay out of the country considering the previous day.
• You must be in the country and in a regular immigration situation.
• You must apply with the identity document with which you entered the country. (Peru 2025-02-10)
  
  

The request is free of charge and takes up to 7 business days to be processed (Peru 2025-02-10).

9. Possibility of Reacquiring Resident Status if Expired, Lost, or Revoked

According to MIGRACIONES, individuals in an irregular migratory situation resulting from having either overstayed the period of time they were authorized to remain in the country, or from having entered the country without going through immigration control, may be eligible to apply for a CPP (Peru 2024-05-16). Conditions to apply for a CPP are as follows:

[translation]

1. Be in an irregular migratory situation according to article 35 of Legislative Decree No. 1350, at the date of entry into force of this resolution (10 May 2023).
2. Have no active criminal, police or judicial record, neither in Peru nor abroad.
3. Have no alerts registered in INTERPOL …
4. Have not incurred the following situations that prevent entry into the country:
   
   1. Being or having been sanctioned with a compulsory departure or expulsion and not having complied with the term of the sanction.
   2. Posing a danger or threat to national security, public order, internal order, the protection of the rights and freedoms of other persons.
   3. Having been included in the sanctions lists, in particular with impediment of entry and transit through the territory of the Member States of the UN, established in accordance with the resolutions of the UN Security Council.
   4. Being a fugitive from justice in another country for common crimes against women, children or adolescents, and serious crimes, such as illicit drug trafficking, human trafficking, illegal logging, money laundering, terrorism and its operation, corruption, organized crime, or crimes related to Peruvian legislation.
   5. Seeking to enter the country using false information or false, adulterated, or forged documents.
   6. Receiving a determination from the Peruvian health authority that your entry into the national territory may endanger national public health.
   7. Having been classified as a risk to national security through information from national or foreign intelligence agencies.
5. Record biometric data in the Immigration Information Registry (Enrolment).
6. Carry out the procedure for yourself. (Peru 2024-05-16, endnote omitted)
   
   

The same webpage lists the following requirements to submit an application to regularize one's immigration status by obtaining a CPP:

[translation]:

For applications from adults, the following requirements apply:

1. Submit the free form that can be obtained from the digital website www.gob.pe/migraciones.
2. Indicate the receipt number and payment date for the processing fee.
3. Present a simple copy of your passport or similar travel document recognized by the Peruvian state or any valid identity document in your country of origin.
4. Submit a sworn statement stating that you have no current criminal, police or judicial records in Peru or abroad.
5. Submit a sworn statement stating that you do not have INTERPOL alerts against you, nor are you the subject an entry impediment into the national territory provided for in paragraphs a), b), c), d) and e) of article 48.1 and paragraphs b) and c) of article 48.2 of article 48 of Legislative Decree No. 1350, Legislative Decree on Migration. (Peru 2024-05-16)
   
   

Article 48 of Legislative Decree No. 1350 states the following:

[translation]

Article 48.- Entry impediments and protection measures

48.1 MIGRACIONES prevents foreigners from entering the national territory when:

1. A sanction of Compulsory Departure or Expulsion has been applied against them and the sanction period has not yet been completed.
2. A situation involves danger or threat to national security, public order, internal order, the protection of the rights and freedoms of other persons, the prevention of criminal offences, or international relations of the Peruvian state or of other states, on the basis of the international obligations subscribed to on the matter.
3. They have been included on sanction lists, in particular with impediment of entry and transit through the territory of the Member States of the United Nations, established in accordance with the resolutions of the UN Security Council.
4. They are fugitives from justice in other states for offences classified as common and serious, such as illicit drug trafficking, human trafficking, illegal logging, money laundering, terrorism and its financing, corruption, organized crime or offences related to Peruvian legislation.
5. They attempt to enter the country with false information or false, adulterated or forged documents.
6. They are caught trying to evade immigration controls or entering through an unauthorized location.
7. They are detected in the country without justifying their activities in Peru, at the time of immigration controls.
8. They do not have a return ticket, when applicable.
9. They do not have the visa required for entry into the country, if applicable.

48.2 MIGRACIONES may prevent foreigners from entering the national territory:

1. If they do not comply with the entry requirements stipulated in the current legislation.
2. If the Peruvian health authority determines that their entry into the national territory could put national public health at risk.
3. If information from national or foreign intelligence agencies indicates that the person is classified as a risk to national security. (Peru 2017, bold in original)
   
   

Finally, once submitted online on MIGRACIONES's website, the CPP application takes up to 30 business days to be processed; if approved, the CPP confers onto its holder a temporary residence permit for 1 calendar year and a corresponding identity card, [translation] "which certifies that the holder has a regular immigration status and can carry out activities within the framework of Peruvian laws" (Peru 2024-05-16). Ahead of the expiry of the authorized period of stay, temporary residents [translation] "may choose one of the immigration statuses established in the current regulations in order to obtain residency in Peru" (Peru 2024-05-16). The deadline for applying for a CPP to regularize one's immigration status was 10 November 2023 (Peru 2024-05-16). The Joint Data Center on Forced Displacement (JDC), a Denmark-based partnership between the World Bank and UNHCR which supports and advises on the use of socioeconomic data for programs and policy-making (JDC n.d.), state in a July 2023 report on Venezuelans in South American countries that since the implementation of the CPP program, which "allows individuals with a CPP to apply for Special Resident status for a period of one year, which may be renewed," "[l]ess than" 2 percent of people who obtained the CPP had "applied for resident immigrant status" upon nearing its 1-year expiry, "because of the strict requirements and conditions" (JDC [2023-07], 24). A MIGRACIONES press release published in February 2024 indicates that there were [translation] "[m]ore than 232,000" foreign nationals in possession of a CPP for "[o]ver" six months who have been granted the special resident immigration status; the status allows for "a stay of up to three hundred and sixty-five (365) days, extendable for the same period," access to formal and self-employment, and access public and private services (Peru 2024-02-05). However, the same press release states that of the 232,000 CPP holders who were granted special resident status in Peru, 83 percent got their CPP before 2020, 15 percent obtained it through a CPP process in 2020, and those who received the CPP through the latest May−November 2023 process would only be able to apply once they had had their CPP for 6 months (Peru 2024-02-05). Another press release on MIGRACIONES's website indicates that those who do not regularize their immigration status within the qualifying window [translation] "will be subject to sanctioning processes by MIGRACIONES, which may lead to compulsory departure or expulsion from the country, with an entry impediment of up to 15 years" (Peru 2023-05-24). Information on the number of people subject to compulsory departure or expulsion could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to General Consulate of Peru in Amsterdam, a person of legal adult age in Peru is 18 and older (Peru n.d.a).

[2] For information on the National Identity Document (Documento Nacional de Identidad, DNI), including its content, appearance, and security features, and the requirements and procedures to obtain or replace it in Peru and abroad, see Response to Information Request PER201699 of April 2024.

[3] Article 38 of Legislative Decree No. 1350 (Decreto Legislativo No. 1350) of 2017 provides the following:

[translation]

Article 38 - Family Immigration Unit

For the purposes of the immigration unit, the family unit of a national or foreigner applying for family reunification includes the following persons:

1. A spouse or common-law partner, as defined by the Civil Code;
2. Minor children;
3. Adult children up to twenty-eight (28) years of age who are single and pursuing technical or higher education;
4. Adult children who are single and unable to support themselves due to a verified physical or mental disability;
5. Minor children of the spouse or common-law partner abroad;
6. Adult children of the spouse or common-law partner who are single and unable to support themselves due to a verified physical or mental disability;
7. First-degree ascendants;
8. First-degree ascendants of the spouse or common-law partner. (Peru 2017, bold in original)
   
   

[4] The 2021 Supreme Decree Amending the Regulations Pursuant of Legislative Decree No. 1350, Legislative Decree on Immigration, and the Regulations Pursuant of Law No. 26574, Law on Nationality (Decreto Supremo que modifica el Reglamento del Decreto Legislativo Nº 1350, Decreto Legislativo de Migraciones y el Reglamento de la Ley Nº 26574, Ley de Nacionalidad), indicates the following amendment to article 56 of Legislative Decree No. 1350:

[translation]

"Article 56-A. Submission of applications for adults involving a legal representative.

For adults, the legal representative must:

1. Submit a simple power of attorney or power of attorney registered in public records valid for the last thirty (30) calendar days, or a consular power of attorney legalized by the Ministry of Foreign Affairs or apostilled.
2. Identify themselves with their National Identity Document (DNI) for Peruvians, or for foreigners, with a valid Temporary Immigration Card, Foreigner's Card, Temporary Residence Permit Card or Identity Card issued by the Ministry of Foreign Affairs; in the latter case, they must also attach an uncertified copy of the document.

Foreigners with an immigration status in Peru must have a valid stay or residence [permit], subject to the conditions of their immigration status."

"Article 56-B. Submission of applications for adults with disabilities

For adults with disabilities that prevent them from clearly expressing their will, the legal representative or legally-recognized [supporting] person must:

1. Present the original document verifying the legal representation or support by a legally-recognized person, as identified under current national regulations by either court order or a similar public instrument.
2. Identify themselves with their National Identity Document (DNI) for Peruvians, or for foreigners, with a valid Temporary Immigration Card, Foreigner Card, or Temporary Residence Permit Card or Identity Card issued by the Ministry of Foreign Affairs; in the latter case, they must also attach an uncertified copy of the document.

Foreigners with an immigration status in Peru must have a valid stay or residence [permit] and up-to-date information, as appropriate."

"Article 56-C. Submission of applications for resident immigration status for children and adolescents, or for a change or extension thereto.

For minors, the father, mother or guardian must:

1. Present the original birth certificate of the minor, legalized by the Peruvian Consulate and by the Ministry of Foreign Affairs or apostilled, unless this requirement has already been fulfilled in a previous administrative procedure with the Entity.
2. Submit a sworn declaration of conformity for any procedure involving an application for resident immigration status or for a change or extension thereto, duly signed according to the conditions detailed in paragraphs a), b) and c) of this section.
   
   This declaration must include: i) The full names of both parents or one parent, and the guardian, if applicable; ii) For Peruvians: the National Identity Document (DNI) number and iii) For foreigners: an identity document or other similar document recognized by the Peruvian state, which must be current and valid.

The sworn declaration must be signed:

1. By both parents, in the event that both have recognized the child and are alive.
2. By only one of the parents, in which case one of the following documents must also be presented:
   b.1) A copy, authenticated by an authorized official of the National Superintendency of Migration (MIGRACIONES), of the power of attorney granted by the other parent to act on their behalf.
   b.2) A copy, authenticated by an authorized official of the National Superintendency of Migration (MIGRACIONES), of the court judgment or ruling or similar public instrument that assigns sole parental responsibility for the minor to that parent, due to the suspension or termination of parental responsibility ordered with regard to the other parent.
   b.3) A copy, authenticated by an authorized official of the National Superintendency of Migration (MIGRACIONES), of the death certificate of the other parent where registered with a foreign authority; if such death certificate is registered in the civil registers of the National Registry of Identification and Civil Status (RENIEC), an uncertified copy of the death certificate shall be submitted.
3. Where the child or adolescent has a guardian, a copy certified by a jurisdictional authority of the court judgment or ruling granting such status or similar public instrument must be presented.

3. If the administrative procedure permits the involvement of a legal representative, the representative must provide proof of a power of attorney with a notarized signature or a power of attorney registered in public records valid from the last thirty (30) calendar days, or a consular or apostilled power of attorney granted by:

1. Both parents
2. The parent to whom parental responsibility was judicially assigned
3. The surviving parent
4. The parent who recognized the minor
5. The guardian of the minor.

In each of these cases, the legal representative must provide documentation that verifies their status as the minor's representative, as outlined in sections 1 and 2 of this article.

In addition, the parent or guardian must identify themselves with their National Identity Document (DNI) for Peruvians, or for foreigners, a valid Temporary Immigration Card, Foreigner's Card, Temporary Residence Permit or Identity Card issued by the Ministry of Foreign Affairs; in the latter case an uncertified copy of the document must be attached.

Foreigners with an immigration status in Peru must have a valid stay or residence [permit], as appropriate." (Peru 2021, bold in original)

[5] The Bank of the Nation (Banco de la Nación) is the financial institution of the Peruvian state (Peru n.d.b).

[6] A National Central Bureau (NCB) of INTERPOL is a member country's main point of contact for all INTERPOL activities, and "connects their national law enforcement with other countries and with the General Secretariat" (INTERPOL n.d.).

References

Agencia Peruana de Noticias (Andina). 2024-07-31. "Venezuela: drama e incertidumbre por suspensión de expedición de pasaportes en Lima." [Accessed 2025-01-28]

Agencia Peruana de Noticias (Andina). N.d. "Nosotros." [Accessed 2025-01-28)

Danish Refugee Council (DRC) & Encuentros - Servicio Jesuita a Migrantes (SJM). 2024-11. Snapshot de protección: Perú. Octubre - noviembre 2024. [Accessed 2025-02-17]

Danish Refugee Council (DRC). N.d. "About Us." [Accessed 2025-02-17]

El Comercio. 2024-07-30. "Tumbes: refuerzan seguridad en frontera tras resultados electorales de Venezuela." [Accessed 2025-01-28]

INTERPOL. N.d. "National Central Bureaus (NCBs)." [Accessed 2025-02-13]

Joint Data Center on Forced Displacement (JDC). [2023-07]. Venezuelans in Chile, Colombia, Ecuador and Peru: A Development Opportunity. [Accessed 2025-02-17]

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Peru. 2025-02-10. Superintendencia Nacional de Migraciones (MIGRACIONES). "Solicitar la autorización de estadía fuera del país por trámite de cambio o prórroga de calidad migratoria." [Accessed 2025-02-12]

Peru. 2024-11-27. Superintendencia Nacional de Migraciones (MIGRACIONES). "Cambiar calidad migratoria residente: Solicitar cambio a calidad migratoria permanente residente." [Accessed 2025-02-07]

Peru. 2024-07-31. Superintendencia Nacional de Migraciones (MIGRACIONES). "Solicitar la autorización de estadía fuera del país por más de 183 días calendario consecutivos." [Accessed 2025-02-13]

Peru. 2024-07-10. Superintendencia Nacional de Migraciones (MIGRACIONES). "Solicitar calidad migratoria familiar residente para hijo o hija menor de edad." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2025-02-12]

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Peru. 2024-07-02. Superintendencia Nacional de Migraciones (MIGRACIONES). "Conoce cuáles son los cambios normativos a partir de hoy para el ingreso de personas venezolanas al Perú." [Accessed 2025-02-13]

Peru. 2024-06-17. Superintendencia Nacional de Migraciones (MIGRACIONES). "Solicitar calidad migratoria de familiar residente para mayores de edad." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2025-02-04]

Peru. 2024-05-16. Superintendencia Nacional de Migraciones (MIGRACIONES). "Nuevo Permiso Temporal de Permanencia." [Acccessed 2025-02-17]

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Peru. 2024-02-01. Superintendencia Nacional de Migraciones (MIGRACIONES). "Solicitar la autorización de estadía fuera del país por 365 días calendario." [Accessed 2025-02-13]

 

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Additional Sources Consulted

Oral sources: Peru – Embassy in Ottawa; law firms in Peru (2).

Internet sites, including: Austrian Red Cross – ecoi.net; Center for Migration Studies of New York; Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela; Inter-American Development Bank; International Committee of the Red Cross – International Humanitarian Law Databases; Lexology; Migration Policy Institute; RGB Avocats; UN – UNHCR, Refworld, ReliefWeb; Washington Office on Latin America.