If I get a family visa as the parent of a Peruvian child (my husband was also Peruvian, but he passed away several years ago), do you know if Peru would tax my Social Security income? I am currently getting survivor benefits for myself and my child. I think I read that for retirement visas, Social Security is not taxed, but I don't know about the family visa. I might be able to qualify for the rentista visa because I get more than $1000 per month from Social Security. Technically the survivor's benefits for caretakers of children will end when my son turns 16, but then at the same time I would be old enough to start collecting widow's benefits for the rest of my life. If I could qualify for the rentista visa, are there any advantages (possibly tax related) to getting that visa instead of the family visa? I don't plan on working while in Peru unless the social security system in the USA goes bankrupt. Also, which visa is easier to get citizenship with?
- This commment is unpublished.@JenHello Jen,If you live in Peru as a resident you are / can be taxed on your worldwide income. The only exception is if you have a retirement visa. Here your Social Security income won't be taxed.I can't tell you if a family visa or a retirement visa is the better option for you. The family visa allows you to work in Peru, which might be useful in the future. First you get a 2-year resident visa, which you then can extend. While living in Peru on a family visa you can't be outside the country for more than half a year.After two years of legal residency as family you could apply for the Peruvian nationality. Once approved you have the same rights and obligations as any other Peruvian. Or, if you don't want to become a Peruvian, after three years you could apply for a permanent resident visa. As soon as you have a permanent resident visa you can leave Peru for a year without losing your status.With a retirement you have an indefinite resident visa from the start, as long as you don't leave the country for more than half a year. You cannot work, but your social security income or a pension isn't taxed. As far as I know you cannot apply for a permanent resident visa after three years having lived in Peru. And I'm not sure if you can get the Peruvian nationality. A few years back that wasn't a problem, but when I remember correctly things changed, but I'm not 100% sure.Anyway, in your case it might be a good investment to speak to a good immigration lawyer and tax specialist just to be well informed about the pros and cons for each visa and to avoid a rude awakening later.GreetingsEva
- This commment is unpublished.@SunflowerThank you for your response. I will try to speak to a good immigration and tax specialist when I get there. I have one more question, though. For either the retirement visa or the family visa--as the parent of a Peruvian, will I need MY birth certificate apostilled and translated? My son has a Peruvian birth certificate which proves my relationship to my child and I have a Peruvian marriage certificate which shows my name before I married (which is on my child's birth certificate). They don't need MY birth certificate, right?Just to clarify to my last (unpublished) comment, my last name now is my married name, but Peru uses my maiden name on my children's documents. Also, my husband passed away, so technically I am not married any more, so I can't apply as being married to a Peruvian. I can only apply as a parent of a Peruvian child who would be coming with me. My child has a DNI and Peruvian passport (although when applying for those documents, they were always confused about why my passport doesn't show my maiden name). Anyway, I don't think I will need MY birth certificate for immigrating to Peru, but I just want to make sure.
- This commment is unpublished.@JenHello Jen,to apply for a retirement visa you don't need your birth certificate.To apply for a family visa based on being the mother of a Peruvian, you need the Peruvian birth certificate of your child, which must show you as his mother. Usually, no birth certificate of the applicant, so you, is needed.However, be prepared that your (married) last name might become a problem - I speak from personal experience. Usually, when you marry in Peru both keep their last names, which consists of the name of the father (apellido paterno)and the name of the mother (apellido materno). The wife only - if at all - adds "de" and the husband's first last name.So, if Juan Perez (father's first last name) Chan (mother's first last name) marries Juanita Gonzalez Lopez, Juanita would become Juanita Gonzalez Lopez de Perez. A child would be named Diego Perez (first last name of the father) Gonzalez (first last name of the mother).Like you I took the last name of my husband, so to follow above example Juanita Gonzalez Lopez is now Juanita Perez or Juanita Perez Chan. In Peru, a sister not a wife is named like this. Therefore Peruvian authorities are confused and might get suspicious that something strange is going on. My Peruvian husband, for example, had trouble getting our foreign marriage registered in Peru, because he was told that he cannot marry his sister. So, we ended up in front of a judge. Luckily, on our foreign marriage certificate it said that I took my husband's last name according to law whatever in my home country and we had a letter from the consulate of my home country explaining that I with maiden name am the same person than I with married name and our marriage was registered.Anyway, in your case it might be wise to find any document proving that you took your husband's last name when you married or showing your maiden name and your married name. And, of course, this document will need an Apostille. Or just to be on the safe side, get your birth certificate with Apostille and best a sworn statement issued by a notary in your home country, which in short explains the situation with the naming law in your home country. Another option could be to get in contact with the consulate of your home country in Peru, which could write a letter. Anything proving your maiden name and linking you to you with your married name might be necessary.Depending on the person, who evaluates your visa application, you might not need the additional documents or you will be asked for whatever additional document to prove your relationship to your child. According to Peruvian authorities you with maiden name are another person than you with married name. I know it's crazy, but I been there, done that. So, best come prepared and personally I would attach any additional document showing you with maiden name, which is on the birth certificate of your child, and you with married name, which is in your passport, are the same person.All the bestEva
- This commment is unpublished.@SunflowerThanks for all the suggestions. How would a notary sign something that says I am the same person? To my knowledge, they only confirm the signature of someone. Would I write a letter and explain that I (maiden name) took my husband's last name when I got married, and that even after his death I still have his name according to the marriage laws in the USA? Then I would sign it with my married name? I would of course bring my birth certificate and marriage certificate for the notary to see (which can be decades old documents because they never expire in the USA). Could I type this letter and then sign it in front of the notary? However, getting a recent birth certificate from another state, waiting for it to arrive, then sending it to be apostilled in that state, then getting the notary statement and getting that apostilled--I'm afraid I will run out of time before I leave for Peru.I do have a Peruvian issued marriage certificate, registered with RENIEC from a Peruvian consulate in the USA. It does show my maiden name (with only one last name) under "datos de la contrayente," but where it has the "firma de la contrayente," I signed it with my new married name, so it in essence shows both names. However, they still had problems with it when I tried to get my son's DNI and passport. After numerous consultations with other staff people at the offices for DNI and passport, they finally gave me my son's DNI and later passport. However, each new agency was the same nightmare. They apparently don't share the information with each other. If a notarized letter would help, I will try to get one.When you apply for immigration, is there an option to upload extra documents that you think they might need or could explain things, or do you simply have to wait for them to ask for it and hope that they don't deny your application first?
- This commment is unpublished.@JenFirst of all, great that you have a Peruvian marriage certificate, which shows both names. Could be more helpful than your birth certificate. Best get a recent "copia certificada" from the consulate (once in Peru it must be legalized by the Peruvian Ministry of Foreign Affairs). Just in case that you might need it or want to add it to your application.If you tell a notary in the US the situation, he should be able to draw up a letter explaining the US naming law, which you can sign and he/she puts his signature and stamp on it. Might be helpful as well. I had a letter issued by the consulate of my home country in Peru, in which the consulate explained the naming law and emphasized that I with maiden name am the same person as I with married name. This helped in my case immensely with the judge and later when we had to register our kids. If you need it or if it helps in any way, I can't tell you. It's always up to the person at Migraciones evaluating your case.And no, when you apply for your visa on the Agencia Digital you cannot upload additional documents. However, you could, for example, make one PDF out of two or three documents. So, for example, add your marriage certificate (and additionally add a letter from the notary or consulate) to the birth certificate of your son and and upload this under the tab for the birth certificate.Again, I cannot tell you if these additional documents are even necessary and if I'm overly concerned because of the nightmare I went through. So, it's up to you to decide what to do.You could just let sleeping dogs lie and apply with the usual documents required. Then just wait and see if Migraciones is happy with your uploaded documents. If they aren't happy they will usually send you a notification asking for additional documents or they could reject your application (which you could appeal). Or you could upload additional documents to prove you are you no matter your name right from the start hoping that this will make things easier.Whatever way you choose, be prepared for the next "nightmare". Sorry.I really hope that everything works out for you and your son.GreetingsEva