Consolidated TPP Text – Peru’s Schedule of Commitments for Temporary Entry for Business Persons

The following sets out Peru’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry of business persons.

A. Business Visitors

Peru extends its commitments under this category to all Parties that have made commitments under the heading “Business Visitors” or “Service Sales Persons”.

Description of Category

Definition:

Business Visitor means a business person seeking to travel to Peru for business purposes, including for:

The primary source of income for the proposed business activity is outside Peru, and the business person’s principal place of business and the actual place of accrual of profits, at least predominantly, remain outside Peru.

Conditions and Limitations (including length of stay)

Length of Stay: Up to 183 days.

B. Intra Corporate Transferees

Peru extends its commitments under this category to all Parties that have made commitments under the heading “Intra-Corporate Transferees”.

Description of Category

Definition:

Intra-Corporate Transferee means a business person employed by an enterprise abroad, who is transferred to Peru for supplying services as an employeeFootnote 2 of the headquarters, subsidiary or affiliate of that enterprise, pursuant to a labour contract approved by the Labour Administrative Authority.

For purposes of this Category, the business person supplies services as:

In accordance with, and subject to Peru’s laws and regulations, a spouse of an Intra-corporate transferee shall, upon application, be granted temporary entry, provided that the spouse follows Peru’s prescribed application procedures for the relevant immigration formality and meets all relevant eligibility requirements for such temporary entryFootnote 3.

Conditions and Limitations (including length of stay)

The labour contract approval by the Labour Administrative Authority implies an evaluation of the following quotas on the hiring of foreigners:

Length of Stay:

Intra-Corporate Transferees: Up to one year, renewable for consecutive periods, the number of times that it is requested, to the extent that the conditions which motivated its granting are maintained.

Spouses: The length of stay is subject to Peru’s laws and regulations.

C. Investors

Peru extends its commitments under this category to all Parties that have made commitments under the heading “Independent Executives” or “Persons Responsible for Setting up an Investment”.

Description of Category

Definition:

Investor means a business person seeking to establish or develop an investment in Peru, to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital, established by the immigration legislation.

In accordance with, and subject to Peru’s laws and regulations, a spouse of an Investor shall, upon application, be granted temporary entry, provided that the spouse follows Peru’s prescribed application procedures for the relevant immigration formality and meets all relevant eligibility requirements for such temporary entryFootnote 4.

Conditions and Limitations (including length of stay)

Length of Stay:

Investors: Up to one year, renewable for consecutive periods, the number of times that it is requested, to the extent that the conditions which motivated its granting are maintained.

Spouses: The length of stay is subject to Peru’s laws and regulations.

D. Professionals

Peru extends its commitments under this category to all Parties that have made commitments under the heading “Contractual Service Suppliers”, “Professional”, “Independent Professionals”, “Professionals and Technicians”, “Professionals and Technician-Professionals” or “Qualified Professionals”.

If a Party reserves the right to impose labour market tests, economic needs test or quantitative restrictions in a specific activity, occupation or sector of the categories listed in the previous paragraph, Peru reserves the same right for the same activity, occupation or sector under the category Professionals with respect to the business persons of the former Party.

Description of Category

Definition:

Professional means a business person seeking to engage, at a professional level, as an independent professional or as a contractual service supplier, in any occupation not included in the following list:

The Professional is engaged in a specialty occupation requiring:

For purposes of this Category:

Independent Professional means a professional who:

Contractual Service Supplier means a professional who:

For greater certainty, contractual service supplier includes a business person who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment.  An installer or servicer cannot perform services which are not related to the service activity which is the subject of the contract.

Conditions and Limitations (including length of stay)

Length of Stay:

Independent Professionals: up to one year, renewable for consecutive periods, the number of times that it is requested, to the extent that the conditions which motivated its granting are maintained.

Contractual Service Suppliers: up to 90 days, renewable for one year.

E. Technicians

Peru extends its commitments under this category to all Parties that have made commitments under the heading “Contractual Service Suppliers”, “Professionals and Technicians”, or “Professionals and Technician-Professionals”.

If a Party reserves the right to impose labour market tests, economic needs test or quantitative restrictions in a specific activity, occupation or sector of the categories listed in the previous paragraph, Peru reserves the same right for the same activity, occupation or sector under the category Technicians with respect to the business persons of the former Party.

Description of Category

Definition:

Technician means a business person seeking to engage, at a technical level, as an independent technician or as a contractual service supplier, in any of the following activities:

The Technician is engaged in a specialty occupation requiring:

For purposes of this Category:

Independent Technician means a technician who:

Contractual Service Supplier means a technician who:

For greater certainty, contractual service supplier includes a business person who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment. An installer or servicer cannot perform services which are not related to the service activity which is the subject of the contract.

Conditions and Limitations (including length of stay)

Length of Stay:

Independent Technicians: up to one year, renewable for consecutive periods, the number of times that it is requested, to the extent that the conditions which motivated its granting are maintained.

Contractual Service Suppliers: up to 90 days, renewable for one year.

Date Modified: