you go to PerÚ
Peru Legal Services
Buying a house in Peru.
You need to sign a private contract which must be signed by a Peruvian lawyer.
In general deposits are directly given to the seller. This is called “arras de
retractación” if you have not yet reached a final agreement. If the seller does
not sell the property to you he must give it back to you twice the deposit. If
you do not want to sign the contract any more, the seller keeps de deposit.
Marriage Issues in Peru
According to Peruvian regulation, civil marriage must take place before the
Major of the city of one of the parties. However, the major of the competent
city can delegate his or her authority to the major of another city.
Consequently, if there is such written delegation your marriage is totally
valid. If not, you or your wife could have challenged your marriage within 6
months from the date it took place. It is also possible to “validate” your
Tourist purchase of car in Peru.
You only need to obtain a permit to sign contracts with DIGEMIN in Lima. It
takes just about one hour to do so.
Double taxation in Peru
There is no agreement with the US to avoid double taxation. I will need to know
the exact planned structure to give you a precise reply on the tax effects.
Income Tax in Peru
You say that you belong to tax payers of the fourth category income tax. You
need to download the PDT from SUNAT and declare each month your income tax.
Working as Foreign Lawyer in Peru
If you want to register as lawyer in Peru, you will need to \"validate\" your
law studies. You will need to have your degrees legalized by the Peruvian
Consulate in your country and then get them translated into Spanish. In general,
you will need the transcripts of your marks and the syllabus during all your law
studies. Then, you will choose a university to do the process and you will sit
some exams during a year. Only after that your degree will be recognized by the
Asamblea National de Rectores. From my own experience I can tell that it takes
time and you must study again but it is feasible.
Business Visa for Peru
It is almost sure that the Peruvian Consulate of your country will ask you
another letter from the company even thought this document is not required in
the migratory Peruvian Law.
Working as a Rentista in Peru
Please note that as a rentista you are not allowed to carry out any professional
activity in Peru. However once you are a rentista you can modify your migratory
status (cambio de calidad migratoria) provided that you meet the requirement of
other migratory status, e.g., investor.
According to Peruvian authorities, your mother will have to pay a fine of 1 USD
per day she stayed in Peru after the expiration of her visa since she entered
Peru as a foreigner and she did not obtain a visa.
Work Permit in Peru
You need to get an authorization from the Labor Public Office and then you must
apply for a work visa at DIGEMIN. Moreover you must meet some requirement
related to you job and to the company. Before signing the contract you need a
special permit to sign contracts that you can obtain a DIGEMIN four USD 50. Do
not hesitate to contact us for further information.
Foreign individuals may be the shareholders of the new company but they will
need a permission to sign the company´s by-laws. In addition, there are many
important issues when you set up a company (tax, labor, immigration) you must
take into consideration. Do not hesitate to ask for professional advice.
Question about marrying a Peruvian
According to Peruvian legislation, they are unable to get married. If things get
wrong, they may get divorced but they will need to ask for an exequatur decision
before a court in order for the divorce to be recognized in the country where
the divorce did not take place. Actually, this may be time consuming.
Tax Law and Immigration law work very often separately. As a rentista, according
to Immigration Law you are not entitled to work in Peru. But, in the Peruvian
immigration regulation there is not any express sanction in case you do it.
However article 10 of the Decreto Supremo N°003-2005 that provides the legal
framework for Rentista states that you may lose your rentista visa if “the legal
grounds for granting you the visa” disappear. To my knowledge there is no case
law in this field. But note that according to Tax Law you cannot obtain a RUC
with a rentista visa. But tax regulation obliges you to pay tax if you work even
though you are not allowed to do so according to Immigration Law. To conclude,
there is some risk, not a significant one- to lose your rentista visa if you
work. Note that this is a very delicate question.
Peruvian citizenship for offspring?
According to Peruvian immigration regulation, children that are not Peru-born
are considered as Peruvian if one of his/her parents is a Peruvian citizen.
Their birth must be registered with the Registry of Civil Status, Births
Section, of the corresponding Peruvian Consulate before reaching legal age. You
must provide with the following documentation: the original of the birth
certificate of the minor delivered by the Vital Records Department of the State
were your son was born, the Peruvian id of his father, a declaration in which
you state that your son has not been registered in any other Peruvian Registry.
Split residency Peru / U.S.
If your wife is Peruvian she cannot apply for a visa. You may even buy property
as a tourist as long as you have obtained a permission to sign contracts; also
since your wife is Peruvian if she applies for a DNI she would be able to buy
any kind of property.
Unfortunately in this case you will have to contact a friend, a lawyer or
someone else you can trust, so he/she can help him getting the certified copy.
Is important for you to know that some of the Civilian Record Offices (Oficinas
de Registros Civiles) are know working in the National Registry of Identity and
Civilian Status (RENIEC).