We have been informed that MIGRACIONES has clarified its internal position towards foreign tourists who exceed a 183-day stay in Peru within a period of 365 days, and who intend to re-enter Peru within that period.

In that regard, we should remind our readers that Legislative Decree No.  1350 – Migration Decree in article 29.1(h) establishes that the period of stay for the migratory category of Tourist is 183 cumulative and non-renewable days, within a period of 365 days. By cumulative days it must be understood that the days do not need to be consecutive, and that they can be alternated. What matters is that, within the period of 365 days, the days of stay do not exceed more than 183 days. It should also be noted that, when we speak of days, we refer to calendar days, not business days.

An interpretation of this article suggests that, if the foreign tourist exceeds that period of 183 days, and wishes to re-enter Peru, the immigration officer must refuse entry to Peru. However, within MIGRACIONES this consequence did not seem so obvious. Article 48 of  Legislative Decree  No.  1350 on "Impediments of entry and protection measures" did not foresee this situation, nor did it list the over-stay of the tourist as a cause of impediment of entry into Peru.

For this reason, MIGRACIONES has expressed its position on this subject so that no further doubts are generated. MIGRACIONES considers that in the event that the foreign tourist remains in Peru for more than 183 days in a period of 365 days, they (the foreigner) cease to meet "the entry requirements required by the current legislation", established in Article 48.2 of Legislative Decree No. 1350. On this basis, the immigration officer may prevent them from entering Peru.

MIGRACIONES has also specified that the period of 183 days within 365 days is counted from the first entrance of the foreigner with respect to the actual days spent in the country, and not on the days granted by MIGRACIONES.

It is clear, then, that foreigners who have exceeded the 183-day period within a 365-day period, and who want to re-enter Peru within the same  period, may be refused to enter Peru. Therefore, it is suggested to review the situations of tourists with extended presence  in Peru, and to consider opting for residency when the respective requirements can be met.

For further information, write to us at rgb@rgbavocats.com