Peru Published the Single Text of Administrative Procedures (TUPA) of Migraciones

On October 22, 2023, Peru published the Single Text of Administrative Procedures (TUPA) of Migraciones (the immigration authorities). With this publication, the modification and incorporation of several articles in the Regulation of the Legislative Decree of Migraciones No.1350 entered into force. These measures were established in two Supreme Decrees published earlier this year – No. 003-2023-IN of 27 April 2023 and No. 004-2023 of 28 April 2023.

The changes to the immigration law include the following:

• The procedure is established for applications for temporary residence for nationals of MERCOSUR countries and for nationals of the Andean Community countries (Bolivia, Colombia, Ecuador, Peru).
  • Applications are submitted from outside Peru;
  • the status is extended to the applicant’s family members (including if they are not nationals of member countries);
  • the status is valid for a stay of up to two years and is not renewable.
• The procedures for in-country change of status applications for temporary residence, permanent residence and extension of tourist stay for nationals of Andean Community countries are also established.
• The application, change or extension of resident, temporary immigration statuses, temporary stay permit card or immigration regularization procedure for children and adolescents can now also be carried out by a representative who has been granted Power of Attorney for a maximum of 90 days.
• Immigration statuses and temporary stay permit cards can also be cancelled by a firm court order.
• Immigration permits are not immigration statuses but are complementary mechanisms and are registered in the Migratory Information Registry (RIM).
• Authorizations to stay outside the country for 30 days that are granted when immigration procedures for change or extension of immigration statuses are processed can also be granted in procedures for obtaining stay permit cards or immigration regularization.
• Authorizations to stay outside the country for more than 183 days (or for more than 365 days for holders of permanent immigration status) are granted only for reasons of emergency or force majeure.
• New conditions are established for the granting of Special Resident Immigration Status for holders of a Temporary Stay Permit Card, and for the extension of this status.
• A parent or guardian may act as the legal representative of a minor in immigration procedures even if they have an irregular immigration status.
• A temporary stay permit is granted for up to two years to foreign nationals who are in Peru with an irregular immigration status.  This permit is lost if the holder is absent from Peru for more than 183 consecutive days in a 365-day period.
• A temporary stay permit card (CPP) is exceptionally extended if it expires up to 30 days after the publication of the modification of the conditions for the Special Resident Immigration Status.

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