I entered through immigration today, and they informed me that US citizens are only allowed to stay in the country for 90 days per year. They’ve adopted a completely digital system now without stamping passports. Seems as though in the system I was flagged because I’ve stayed more than 90 days already. They allowed me to stay for two more weeks, but he basically told me the next time I come here they most likely will not let me re-enter. They recommended I go to the embassy and could easily apply to stay longer but I’m wondering what type of visa I can get to stay longer. I don’t plan on working here or volunteering here and I wasn’t planning to get married to a Peruvian for at least another few months..
- This commment is unpublished.@Steven Hello Steven,
Yes, as described above in the article the whole immigration process is digitalized now and stamping of passports was eliminated in May 2023 when entering Peru at Jorge Chavez International Airport.
Additionally, over the past year I heard from a few of our readers (and read on social media) that "according to some new law" or "according to some immigration officer" US passport holders are only allowed to stay as a tourist for up to 90 days per year. At least until now I couldn't find anything official in writing confirming this; no new law, no new regulation and no change of current laws, regulations and publications that stipulate this.
The rules are still the same. According to the Peruvian Foreigner Law, Decreto Supremo 1350 foreigners can stay in Peru as a tourist for 183 days per year. See Titulo IV, Capitulo I, article 29 h on page 60 of the document or screenshot below. However, already in June 2019, a publication of the Peruvian Ministry of Foreign Affairs (RREE) limited or better divided the general 183 day per year to 90 days in a 180-day period.
So today, most nationalities who can travel to Peru visa-free, can stay 90 days in half a year. If you check the RREE publication under North America and United States it says 90 days (see on the Peruvian government website or screenshot below) Unfortunately, it doesn't say 90 days in a 180-day period but as well not 90 days in a 365-day period. But practice has shown that US passport holders can stay in Peru as a tourist for up to 90 days in a 180-day period and 180 days per year.But no matter what any rule or regulation says, it's always at the discretion of the immigration officer you have to face if he/she allows you to enter, how he/she evaluates your case, and how long he/she allows you to stay. You are not entitled to get the full 90 days per half year or the full 183 days per year.And, if you already stayed 90 days over the past six months or your max allowed 180 days over the past year, then you might not be allowed to enter or only get a few days. And if you overstayed your time in Peru before, then this will come up when your passport is checked and the immigration officer will evaluate your case differently.Anyway, not knowing your circumstances, it's difficult to give advice. First of all, I don’t know why the immigration officer told you to go to the embassy. Sorry, they can’t do anything for you. Already since August 2021, Peruvian consulates do not issue temporary or residence visas (except for tourism and business) anymore.So, if you plan to stay in Peru for over 183 days per year in the future, then you should apply for a residence visa, and this is done at Migraciones in Peru. But the options Peru offers don't seem to fit your lifestyle (family, work, student, religious, investment, retirement…) and honestly, I have no clue what the immigration officer meant when telling you that it's easy to apply for a visa allowing you to stay longer, because each visa has certain requirements that you must fulfill, which you seemingly cannot.Another option could be to apply for the Permiso temporal de permanencia. It’s a temporary permit of residence allowing foreigners, who overstayed their time as a tourist in Peru to regularize their stay in the country and become legal. It’s really easy to get, valid for one year (after that you must either leave Peru or apply for a “real” residence visa) and you even can work when you have it. But one huge limitation is that you can only leave Peru with a special travel permit allowing you to be outside Peru for a max of 30 days, and you can only apply for it three times. So, not sure if this could be an option for you.Honestly, without knowing more about your circumstances, the easiest would be to marry. But this is a process taking a few months and you must be legal in Peru to get married, get your marriage certificate and change your immigration status to, so apply for, a family visa.GreetingsEva - This commment is unpublished.@Sunflower Thanks for your quick replay and for your patience, I know you get a lot of repeat questions/scenarios.A little more info, if we start the day count on January 1st. I was here for 56 form Jan-Jun and so from July to now I have been here 6 days. a total of 70 daysIf we are doing a calendar year based on 1st Entry Sep 4th 2022. Then I have been here 116 day and never going over 58 days in a 180 day period.Are they possible counting days that I have been giving for each entry visa instead of how many actually days I have been here?Do you advise printing that document to show the officer or that will just make things worse? I guess If I am on a Sep-4th to Sep 4th calendar then things are about to rest and give me a new 90 days? After this trip I don't plan to return till Sep 20th.
- This commment is unpublished.@stevenPeru doesn't count in calendar years, but in 180-day periods or 365-day periods. A 180-day period isn't from January to June or from July to December and the 365-day period isn't from January to December. The period starts on the day of your first entry.And no, only the days you actually stay in Peru are counted. You might want to check you TAM virtual to see if all entries and exits are registered correctly.I know from quite a number of US nationals who stay in Peru as a tourist for two times 90 days without any problems. Until now I couldn't find out the reason why some US nationals, and here especially those who regularly enter, stay for a few weeks, leave and re-enter, are told that they can only stay 90 days per year.I spent hours searching the internet for anything confirming this; in vain. I even got in contact with Migraciones in Peru and the General Consulate of Peru in Washington DC, both confirming that US nationals can stay up to a combined 180 days per year.So, honestly I don't know what's going on. And as it's always up to the immigration officer there is really nothing I can do to clear up the situation. Sorry.Anyway, if you entered for the first time on September 4, 2022, leave latest September 3, 2023 and haven't spent more than 180 days over this time, then when you enter Peru on September 20, 2023 a new 365-day period should start and you should be able to get another 90 days. But, as you were "warned" when you entered this time, I would come prepared.Either have the stuff on your phone or print the article from the foreigner law and the RREE publication out. Additionally, I would get in contact with Migraciones (best use the chat on the Agencia Digital) and ask there how many days US nationals can stay in Peru as a tourist. As I just did that a few months ago, I'm sure you are told 180 or 183 days. Write down the date and name of the person you spoke to. Then I would contact a Peruvian consulate in the States by e-mail as well asking how long US nationals can stay in Peru as a tourist. Here as well, as I just did that a few months ago, I'm sure you get the same answer I did and that was 180 days per year. Print out the answer. In case the immigration officer gives you trouble again when you re-enter, I would show them your printouts and ask where you can find that US nationals can only stay 90 days per year as Migraciones, the consulate and official publications all say 180 days per year.Having this conversation with an immigration officer is a balancing act as you are completely at his/her mercy. So, proceed with caution, be super friendly and respectful, tell them why you visit Peru frequently (girlfriend/fiancé) and ask for help understanding the rules and regulations so you can be united with your girlfriend for as long as possible.GreetingsEva
- This commment is unpublished.@SunflowerHi EvaI was wanting to apply for "Permiso temporal de permanencia" to stay 1 year in Peru. On the link above it states "Quienes se encuentren en situación migratoria irregular [1] a la fecha de entrada en vigencia de la presente resolución, es decir hasta el 10 de mayo de 2023:". Does this mean that if I entered in July 2023 this is no option for me? Is this strictly enforced? Or can anyone do it before it expires on 10 November?
Thank you - This commment is unpublished.@JBHello JB,Unfortunately, the law is clear. You must have been in the country on an expired stay already on May 23, 2023 to be eligible for the permiso temporal de permanencia. As far as I know, yes this is enforced.However, the permiso temporal de permanencia isn't really new, it was first introduced in October 2020 for only half a year and then extended, extended, extended again and again and again. Officially the permiso option ends in November, but there is always a chance that it is extended once more or, as over the past two decades there have been numerous similar programs, another option could be given to foreigners who are in Peru on an expired stay as a tourist to regularize their immigration status. Nobody can tell you.But if you entered in July and got 90 days then your stay as a tourist ends in October. Despite the May 23 rule, you could still apply for the permiso temporal de permanencia and see what happens. If you are lucky, you are approved. If not, then you get a few days/weeks/months (depending on how quick Migraciones decides) extra stay in Peru (once you applied your time as a tourist stops) and after your application is dismissed you are asked to leave the country.GreetingsEva