Sunday, July 15, 2018

Reader Request Getting Peruvian Residency If You Have a Criminal Record

Reader Request Getting Peruvian Residency If You Have a Criminal Record


From peoriachronicle.com
Note: Full disclosure here I have never been detained, arrested, or charged with anything; I dont have a criminal record. I have run across people who have records and have managed to get visas. Heres all I know.

If Ive said it once Ive said it a thousand times, laws in Peru are not black and white, but shades of grey. Ive had a couple people email me over the years and ask if its possible to get Peruvian residency if they have a criminal record. They never tell me whats on their record, which is totally understandable. Everyone who has written to me has told me that they were young and stupid and havent had any run-ins with the law since then.

One tip to remember is that speaking Spanish will help you greatly. Youll be treated differently than if you speak English all the time, itll help you assimilate to the culture, and youll be able to communicate easier.
I believe that theres no way youll get a visa for Peru (or pretty much any country) if you have certain things on your record such as rape, murder, sex crimes, etc. In fact, heres what will definitely exclude you according to Peru this Week: convicted murderers, drug smugglers, illegal miners (gold, diamonds, etc), and being involved with organised crime. Take note that sex crimes arent mentioned, though Im willing to guess they would deny a visa to anyone convicted of them.

Expat Peru has contradictory information. They say that anything on your record will deny you a visa, but then say that they got their CE way before they got the results from their CBC (criminal background check). Thats not to say that their home country and Peru arent in contact though and Peruvian immigration gets the results before they do. 

There are three things to consider when applying for a visa.
  1. Will it even show up?: Youll have to undergo a federal check in order to get a visa in Peru. For Americans, that means an FBI check. Misdemeanors that happened over 7 years ago shouldnt show up. It varies by state, but 7 years seems to be the most common. The best way to find out is to ask a friend in law enforcement to run your name. If you get fingerprinted and its been less than 7 years it will add another 7 years to whatever time is left. Once you find out your record is clean then you can get an FBI check. Most police stations charge about $20 to fingerprint you and youll pay about $20 to the FBI to get your record. You can find the steps in apostillisations and criminal background checks.
  2. Misdemeanors: Now if you have misdemeanors, such as possession of drugs (not trafficking!) or underage drinking or drunk driving, it is possible to get a visa. Im not saying that you will definitely get once, because each and every immigration officer is different, but its possible. 
  3. When it happened: Lets say that youre 50 and when you were 17 you got busted for underage drinking. It was a one time thing and youve never had any issues, not even a parking ticket, since then. If it happened a long time ago and you havent had any other issues, then its much different than a 25 year old who has been busted three times for drugs.
If you are denied a resident visa you still might be able to live in Peru. Many people are allowed up to 183 days in Peru as a tourist at a time. You could go as a tourist, then travel for a couple of days and then go back to Peru as a tourist. Be aware that theres no guarantee that you will get 183 days. If youve border hopped a lot, or if they decide that they dont want to let you in because of your criminal background, they can deny you entry to Peru, so keep that in mind. If youre looking at teaching, you might also want to check out teaching with a criminal record. The latter has a list of countries where you can get a visa even if you have a criminal background.




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