Consequences of overstaying a tourist visa in Peru 2022

Hello everybody,

I was wondering about the possible consequences of overstaying on a tourist visa in Peru?

The current regulations allow for a cumulative stay of 183 days within a period of 365 days. However, most tourists these days only receive 90 days on their Tarjeta Andina de Migración. Hence, overstaying would mean a daily fine of 4.6 soles. I contacted MIGRACIONES in this regard and indeed I was told that if overstaying the period of 90 days, a daily fine of 4.6 soles will need to be paid.

What could happen if actually overstaying 183 days? Would the border officer at the airport only ask for the fees for the overstayed days or may there be more severe consequences, such as an entry ban?

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Properly dressed, well-behaved visitors to Peru have historically had no problems overstaying for a few months.

I completed a trip to Lima shortly before The Situation (early 2020) and it was a breeze paying the fine, which was about a dollar (U.S.) per day.  I paid about $200 US at an airport booth which had no line, not far from the airline's ticketing counter.  It took about one minute.

Nobody who paid an overstay fine reported being blocked from returning to Peru timely, based on what had been posted on popular Expat/Peru forums that I researched.

Four-point-six soles is $1.23 US.  Multiply that amount by the number of overstay days and you will have an idea of your potential fine.

(Rules, fines, penalties and exchange rates can change over time.  Your mileage may vary.)

cccmedia

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The "tourist visa" referenced by the OP in this thread's title is a misnomer.  It is not a visa, which would require an application.

Visitors/tourists from most countries receive a dated stamp in ink in their passport.  The tourist stamp is free of cost.  My stamp was good for 90 days when I arrived in Lima in 2019.  My previous trip allowed for 180 days;  I was told the number of allowed days had recently been reduced to 90.

cccmedia

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The OP may want to contact a Peruvian consulate to consider obtaining an actual visa .. which could eliminate the overstay situation.

Also worth noting:  visitors staying more than 183 days in Peru may expose themselves to worldwide income-tax reporting rules, depending on the current taxation law.

cccmedia

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There is a further oddity at the moment.
Lima airport doesnt stamp your passport during these pandemic years.
Not sure if that will return soon. I exited 4 weeks ago and the first question at passport control was "how many days have you been here".
Saying 90 (which was correct) kept them happy and they didnt check further.
It should be noted that Peru keeps an electronic record of border movements - that any citizen (& maybe non citizens) can access (for any ID/passport number) via the local court office.
That is illegal in some countries - but not in Peru.
It won't affect tourists so much, but it certainly bit me once with document signing.
A legal notary had pre-prepared some documents and dated them and I was 1 day late arriving. I just signed with that previous days date.
9 times out of ten it wouldnt be an issue ...... that time it caused a lot of problems.
For the person posing the original question. If its a one off overstay, its probably a fine and maybe nothing further (have a reason - like too difficult to return to Lima for renewing visa).
If you return again, your overstay maybe focused on.  As the other respondent said - well dressed and polite will smooth the way.
Have a good trip and don't put an apple in your pocket to eat at the airport. They have an apple detecting dog waiting for you.
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I'm not sure whether member Cotton was joking about the apple.

For those of us whose blood sugar may drop when not eating for a while, bringing an apple or other 'frutita' to the airport is an excellent strategy.  (Is that a banana in your pocket or are you glad to see me?)

Just eat the fruit before going through airport security for an international flight as the importation of produce may be frowned upon in such a 'circunstancia'.

cccmedia
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@cccmedia

Responding to ccc media's comment whether I was joking about an apple dog at Lima airport.

No, there is an apple (fruit) sniffer dog there to intercept fresh produce being brought in to the country by passengers - between passport control and luggage collection. And of course for more sinister things going out!

On fruit, there is also strong control (air & road) between Lima and some provinces (such as Arequipa) against trafficking fruit.

Its to protect fruit growing areas like Mahes valley from accidental transportation of disease; as fruit production is a major part of the economy.   (Worryingly I note that 90% of their fertiliser comes from Russia & Ukraine though ...... oops! )

Back to overstaying. I think good presentation and having a good excuse for overstaying would be key to the best outcome especially if intending future visits. You never know when you might return again and computers never forget ..... unless they want to.

Now if only there was a way to import or buy a car in Peru cheaply.
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I am a US citizen with a Peruvian fiance. I arrived in Peru on June 14th, 2021. I left February 2nd, 2022. Obviously, I overstayed my visa. Upon departure I paid the overstay fine and even asked the gentleman if I would have any problems returning and he said no. One thing that struck me odd was that the fine did not seem to add up; it seemed as if I only paid for the days past 183 eve though I was given 90 days upon entry. Strange. But anyway I paid the fine without any drama. I have a flight booked for September 10, 2022. This would put me out of Peru for just over 7 months. Do you predict any problems for me? Has enough time passed for me to return without incident? Being denied entry would be an absolute nightmare for me.

On a side note, I also had my passport renewed so I would be entering with a new passport number. Does this matter/affect the situation in any way?
Thank you very much!
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I'd buy the ticket from a travel agency after having them research the situation.

I might also contact the nearest relevant consulate or embassy for input.

I'd also query the airline.

Seven months seems long enough, but during The Situation, things are subject to change .. and the enforcement of rules cannot be reliably predicted months in advance by the layperson Expats who populate our forums.  The new passport number is more likely to help than hurt in this scenario.

On the day of the flight, dress impeccably in suit or jacket and tie and have your papers in order.  Answer any questions succinctly without unnecessary elaboration.  Have an answer ready to the question ... why did you overstay?

cccmedia
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Another thing...

Bring the old passport with you in addition to the new one, but don't offer it unless they ask for it.

cccmedia
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@cccmedia

Thank you for the advice! Also, do you recommend I bring and present the receipt for the overstay fine? I have it in my possession. Also, the fine was in the amount of 345 soles, which if I divide by 4.4 per day comes to about 79 days. Is this considered to be an excessive overstay? And yes, I've been scratching my head about how they calculated that given my original 90 day visa... but oh well it wasn't up to me.
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I overstayed in Colombia earlier this year for about a week while I had a health issue and didn't want to travel before my 90-day deadline.  When I went through the airport checks, nobody seemed to notice the overstay -- there was no fine, no questioning.

I suspect the same thing may have happened in your case:  some lower-level officer made a minor screw-up.  I wouldn't worry about it since there likely is no way to find out why something did or did not happen in this case .. and I perceive there is nothing you can do about it that's worth doing.

---

I'd bring the overstay receipt you mentioned, but again, no need to offer it unless there's an issue or they ask for it.

---

Is 79 days a long overstay?  Historically, for Peru, it's not.  During The Situation we are currently in, opinions on this may vary.  I paid a 200 USD fine for my overstay in Lima several years ago.  Nobody seemed surprised .. and I was glad to pay the fine quickly and promptly get on my flight.

cccmedia
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@cccmedia

Great advice, great anecdotes, thank you! So on the topic of being banned: would they (immigrations) tell me I was banned from re-entry or would I have to go and be denied entry to find out?
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I have never heard of anybody being banned by Lima authorities, especially no well-dressed North American, for an overstay issue.

However, during The Situation, anything is possible.

cccmedia
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@margeritah  You're good, they would've told you if they flagged your passport for a reentry ban.

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@cccmedia

I don't mean to disagree, but... I disagree. I just went through this process and nobody at Migracion or the consulate seem to know the actual story. I've been in Chiclayo for a year, now, some of the fault is mine, some the fault of Migracion, that i don't have a visa. After submitting all the required paperwork, nobody told me that there were three documents that were required to be translated into Spanish. I did the same, I was tardy and had to travel to the border of Ecuador and Peru, to leave and re-enter the country. The staff at the border were pretty much clueless. I was with a friend from the U.S., who arrived in June, I arrived in August and our fines were the exact same, even theough they accumulated daily. We had to take a taxi to the nearest town, to pay the fines, at a cost of about s/40. We returned to the border and were informed that there was a miscalculation and we each owed an additional s/8, so we had to pay for another taxi, to pay a fine that was less than the taxi fare.

No police will ever come to my door, Migracion will never expel me, but I try to follow the rules, a losing battle. I went to Migracion, recently, re-filed my papers, go an electronic account for communications, received nothing for more than six weeks, then went, in person, to ask about the situation. The woman spoke to me for 15 minutes, while I asked what she needed from me, multiple times. In the end, she needed three documents translated into spanish, a request that should have taken five seconds.

I'm not angry, I'm frustrated with teh systems. I love Peru for many, many reasons and I will endure and continue to live here, if I'm allowed.
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In the country of Peru, where "no police
will ever come to [your] door" and
"Migración will never expel [you],"
there is really no need to suffer from
frustration.

Just do your best, take a deep breath
when you encounter bureaucrats of
dubious competence .. and keep on
keepin' on enjoying the good life
in Peru.

If you post again, please tell us what
aspects of life in Chiclayo you
appreciate the most.  Most Expat
visitors never make it there, opting
to fly into Lima and then on to
Cusco and the ancient ruins.

cccmedia
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@cccmedia I overstayed for over 2 years, after paying my fine, I received a one year ban from re-entering Peru.

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@Red Street I am currently in Peru and will be going back to the US in November. I have been overstaying for over 2 years now. I am also in the process of applying for a "trabajador residente" visa. Would you happen to know if overstaying will hurt my chances of getting my visa approved? Thanks! 
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Unless RRR has a documented medical reason for
illegally remaining in a pandemic-ravaged country
during most of the covid years, I don't see how the
authorities can give him the benefit of the doubt.

Best to get an immigration attorney, for a
consultation at minimum.

cccmedia
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I really don't know if it would or not. My one year ban took me by surprise, because I had previously overstayed for over a year, paid my fine and was told by the Peruvian immigration guy I was welcome back anytime. I came back a couple of weeks without any problems.
I was told by a Peruvian lawyer that he could have easily helped me if I had contacted him before I was banned. There were just too many hoops to go through after I was banned, like going to the Peruvian consulate in the states, getting affidavits, etc.
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"I was told by a Peruvian lawyer that he could have
easily helped me if I had contacted him before
I was banned."

   -- Red Street

   ----

I believe what that lawyer said.

It's true in many countries -- and especially true
in South America -- that lawyers have connections
and have ways to grease the wheels of
the system, in particular the gray areas
such as a Peru overstay.

cccmedia
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Hello everyone!
I am so glad to find this site.
I have been staying in Arequipa for almost 3 months an my last day would be 1st September 2022. I am now managing my contract for work in order to obtain work visa here but it doesn't seem i could catch it before 1st September 2022 because i also have to obtain International Exchange Form in the Interpol Office.
There is a website explained that in Peru the regulation is tourist could stay up to 90 days in 180-days period. It means I have to leave Peru for 90 days and come back again which would be in 1st December 2022. I have my flight back from Peru to my origin at 17th November 2022.
Do you think it is possible if i leave and re-entry before 1st December 2022 to gain more days using that flight reason?

Thanks
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Dear Goaloke,

Welcome to the South America
forums of Expat.com ...

The unnamed website you referred to
may be giving out incorrect information,
or you may have misinterpreted it.

The last time I spoke with an immigration
officer in Lima -- several years ago, so a
change since then is possible --he said
the 90-day period was extendable by filing
a request.

You need a second source to establish
the up-to-date information.  This could
be an attorney, a visa specialist, a
government website or an officer
at the nearest airport.

cccmedia
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Interesting stuff. I was picked up at passport control this year as I had stayed 90 days last trip so was immediately overstaying on arrival (used to the old system).

As CCC points out, dress smartly like you are going to spend money in Peru (but not too much), explain the reason and a smile may help (better with the opposite sex). I got a further 90 days.

I will test out the formal visa application system in Arequipa some time after Xmas - although I suspect it will end up as a trip to Lima when things settle down.

At least you get a passport stamp again now and I avoided the apple sniffing dog this year.

Well time to grab a drink and relax for Xmas. Aaah, I love the smell of napalm in mornings.

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