job requirement for obtaining residence permit when I start a business

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Member since 24 November 2014

bezorgdMember24 November 2014 15:20:23

Dear Expat.com forum readers,

I arrived 6 months ago in Lima (but have been here many times before) and want to open a local business.

I would like to start a local business but have difficulties with the job requirements of the Peruvian goverment.
As you might know an immigrant can not work for his/her company in Peru unless you intent to hire 5 employees (followed by the actual hiring in the next year). I thought of working around it by incorporating a company and employ myself but Peruvian law requires minimum 5 Peruvians working for a company before employing an immigrant. I need to do most of the work in the company myself (obviously).
Since I do not expect profits to employ 5 people and to pay myself a reasonable wage how could I work around this requirement? The type of business does not allow exceptions in the amount of employees.

Maybe you could share your personal experiences related to this requirement?

Thank you for your time answering my question.

Regards,

kenjee ViP

Member since 02 June 2014

kenjeeViP25 November 2014 11:58:13

19610

Hello bezorgd and welcome to Expat.com

Hope that somebody will be able to inform you on the latter.

Regards
Kenjee
Expat.com Team

littlepaul26 Member

Member since 20 January 2013

littlepaul26Member12 January 2015 20:27:42

I do not know of a way to beat the system in that regards, however I do know a way that you might get around it possibility depending on the amount of funds you have available.
1. I would either incorporate a hostel or small rooming house into your plans. then you can hire the 5 people and use the profits from that to pay the 5 people and still do the restaurant. its pretty easy to hire the five for the hotel part.
2. find a hotel that wants a restaurant and merge with them.

Paul

teddyinlima New member

Member since 01 March 2015

teddyinlimaNew member01 March 2015 16:57:35

Hi I am in a simular situation myself. My fiance is Peruvian so I will try to find out more details with her. Obviously once I am married I do not need to worry so much about these requirements, however for the sake of security and good business practice I will try to find out more information and will be happy to share. If you do the same it could be mutually beneficial. Cheers, teddyinlima

bezorgd Member

Member since 24 November 2014

bezorgdMember01 March 2015 17:22:13

Hi Teddy,

I found out some information myself in the meantime. What you can do is to form a company and hire yourself (in which case hiring a manage from abroad qualifies as an exception to the rule that only 20% of the employees can be non-Peruvians) as an employee. Of course you will need to apply for a working visa before starting to work in your company, which should not be a problem.

Good luck!

defuera Active member

Member since 08 May 2013

defueraActive member21 May 2015 14:35:27

There is a exception to the 5 employees rule. If it is a new business it can hire a foreign manager who then applies for a work visa. This is under Article 6, law 689. The new business would have to be a SAC (or greater), not a EIRL.

Of course, there is a catch. The work contract needs to be approved by MINTRA (Ministerio de Trabajo). They are very strict. You would have to have strong written and legalized documentation that you are highly qualified to run a business, more so then the Peruvian managers who are effectively competing for the job.

Peruvian lawyers will be happy to setup the business with you, but not guarantee that MINTRA will approve the work contract. If MINTRA rejects your qualifications, you will not get a visa. You will still be left with the company, the SAC.

tango4848 New member

Member since 20 September 2014

tango4848New member29 May 2015 00:20:11

is better if u work for some peruvian friend and get u carnet de extranjeria and u can open u own business, but natural, get u RUC and start to pay just only 20 soles a month to the SUNAT, if the buss going well u can change it to pequena empresa, use the corrupt system pay some bribery and be gentle.
in my experience i open a Bazar Regalos in San Borja, waste 25,000 dollars and since December 2014 till now the economy is so bad really bad, i decide to close the business, beware a lot a lot of scammers!!

defuera Active member

Member since 08 May 2013

defueraActive member29 May 2015 00:25:01

tango4848 wrote:
is better if u work for some peruvian friend and get u carnet de extranjeria and u can open u own business, use the corrupt system pay some bribery

Then be sure to post the details here on a public forum so that the authorities know what you are doing and with whom.

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