Peru waives key requirement for Venezuelans seeking work authorization

IMPACT – MEDIUM

What is the change? Peruvian officials have waived a key work authorization requirement for Venezuelan nationals, saying Venezuelan applicants for temporary permits of permanence (PTPs) or extraordinary provisional work permits may do so without having their employment contracts approved by the Ministry of Labor.

What does the change mean? Venezuelan nationals seeking work authorization as described above will be able to begin work sooner provided they meet other application criteria. The change may also reduce some of the workload at the Ministry of Labor, but so far there has been little change to processing times.

• Implementation time frame: Ongoing.
• Visas/permits affected: PTPs, extraordinary provisional work permits.
• Who is affected: Venezuelan nationals applying for PTPs or extraordinary provisional work permits.
• Impact on processing times: The change eliminates one step in the application process, making it easier for Venezuelan nationals to begin working sooner upon seeking work authorization in Peru.

Background: In January, Peruvian officials expanded the eligibility of Venezuelans to apply for PTPs. Officials implemented a measure in May to allow Venezuelan nationals to apply for extraordinary provisional work permits while their application for a PTP is pending. “The purpose of this act is to allow Venezuelan citizens to work formally while getting the documents required to process the PTP, some of which may be delayed because they depend on other institutions—such as the communication issued by INTERPOL of not registering an international arrest warrant,” states AOV Abogados, a corporate, immigration and labor law firm in Peru. Officials have now waived the requirement of having their work contracts approved by the Ministry of Labor, speeding up the application process for those applying to begin work.

BAL Analysis: The change is one example of the ways in which South American countries are working to grapple with the arrival of tens of thousands of Venezuelan nationals. Argentina, Chile, Colombia are among other countries to have introduced new laws or regulations for Venezuelan nationals. AOV Abogados added that Peru has become a transit station for Venezuelan immigrants, largely because Peru offers Venezuelans the chance at temporary work. Some Venezuelans stop in Peru to stabilize their finances before continuing the Chile or other countries to meet family or friends. Employers should note that while Peru has made it easier for Venezuelans to obtain work authorization, Venezuelans still count as foreign nationals for the purposes of calculating foreign worker ratios.

This alert has been provided by the BAL Global Practice group and AOV Abogados in Peru. For additional information, please contact your BAL attorney.

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