Temporary Business Visas in Peru


Posted on 08/01/2010 by Mark A. Ivener, A Law Corporation

 

To visit Peru to carry out business activities, some aspects of the consular temporary business visa must be taken into account. The temporary business visa enables foreign citizens to perform activities typical of a businessperson in Peru.

The Peruvian “Aliens Law” defines “Business” migratory status as:

Business: Those who come to the country with no intention to reside and in order to perform business, legal or similar arrangements. They are permitted to sign contracts or settlements. They cannot perform remunerated or profit-making activities or earn any income from a Peruvian source, except for fees as directors of companies domiciled in Peru or fees as lecturers or international consultants by virtue of a service agreement. Such service agreement shall not exceed thirty (30) consecutive or accumulated calendar days, within a period of twelve (12) months. [Paragraph (k), section 11, Legislative Decree No. 703 modified by Legislative Decree No. 1043, Aliens Law]

The maximum period of authorized stay for a consular temporary business visa is 183 calendar days, non-extendable internally in Peru.

The consular temporary business visa must be obtained in a Peruvian consulate abroad, complying with the requirements established by the pertinent consulate; i.e., the consulate where the foreign citizen resides or, in absence of a consulate in the city of residence, one nearby.

This type of visa and migratory status allows a foreign citizen to carry out activities in Peru common to a businessperson, not a worker. A temporary business visa does not authorize rendering subordinate services as an employee (worker) of a local company or as an appointed worker of a company abroad.

Permitted activities with a business visa include:

  • Performing business arrangements
  • Performing legal or similar arrangements
  • Attending business meetings or discussions with Peruvian affiliates or related companies
  • Attending sales calls to potential Peruvian clients, provided the alien represents a commercial entity outside Peru
  • Observing operations of a Peruvian affiliate or client
  • Attending “fact-finding” meetings with a Peruvian affiliate or clients
  • Attending seminars
  • Signing documents, contracts, or settlements
  • Acting as an international lecturer or consultant
  • Acting as a director of a company domiciled in Peru
  • Collecting data or information regarding investments and similar activities
  • Supervising business or investments

A business visa does not allow the holder to perform labor activities in Peru or to earn income from a Peruvian source. Training or acting in an advisory capacity does not qualify as a business, legal, or similar arrangement.

In sum, if any foreign company is considering sending some of its employees to carry out business activities in Peru as businesspersons, they must enter Peru on a consular temporary business visa according to Peru’s Aliens Law.

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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