Introduction
First of all, we want to make it clear that our position is not to promote illegal migration, but rather to uphold respect for the legal system as a whole and to preserve the basic and fundamental rights established within that legal framework, which are often not respected during the “express operations” that have been carried out since its approval in Peru. For this reason, we recommend that every tourist or foreign resident carry their residence document (Carné de Extranjería) or proof of a pending asylum or refugee application, or their application for a change of immigration status, at least in digital format on their mobile phone, so that they can substantiate their current immigration status in the country if required.
As is well known, over the past ten years Peru has faced a significant wave of migrants from the region, and many of them have not entered through an official immigration control post, either because they are required to obtain a prior visa, as is the case with Venezuela, or because they exceeded their permitted stay during previous visits and, when requested.
Download Your Andean Migration Card (TAM) Online
Here you can download your tourist visa in digital format, known in Peru as the TAM Card. We provide the link so you can enter your passport or entry document details and verify the duration of your authorized stay and when your tourist visa expires in Peru:
https://cel.migraciones.gob.pe/ConsultaTAMVirtual/VerificarTAM
Actual Duration of the Tourist Visa and Consequences of Irregular Entry
In our daily consultations, we frequently see that a tourist still believes they will receive 180 days (6 months) for each entry, which is not correct. The maximum period is 90 days, which are granted upon the first entry, and if you return within the same year, you will only receive the additional time necessary to complete that period.
If you have entered irregularly without immigration control, you are, of course, committing a very serious immigration offense, which currently may result in two possible sanctions:
The sanction of expulsion, if you entered irregularly or if you entered legally but your tourist visa has already expired, meaning you are overstaying. It is important to know that in Peru it is no longer possible to extend a tourist visa without leaving the country.
You should also consider that, as of February 20, 2026, the benefits of migratory regularization programs have ended, specifically the so-called “CPP,” which granted legal stay for a period of one to two years and allowed the right to work in Peru.
Analysis of the Procedure under Legislative Decree 1582 (Currently in Force)
Legislative Decree 1582 introduces a special administrative sanctioning procedure (abbreviated or “express”) that allows for the imposition of:
Expulsion from the national territory.
A re-entry ban for a specified period.
The central question is to determine whether:
The procedure respects due process.
The combined sanction is proportional.
The automatic application violates international standards subscribed to by Peru.
Applicable Legal Framework
Legislative Decree No. 1350 (Migration Law)
Legislative Decree No. 1582 (reform regulating the “express expulsion”)
Political Constitution of Peru
Law No. 27444 – General Administrative Procedure Law
American Convention on Human Rights
International Covenant on Civil and Political Rights
Jurisprudence of the Constitutional Court of Peru
Jurisprudence of the Inter-American Court of Human Rights
Potentially Violated Constitutional Aspects
1. Administrative Due Process (Art. 139 of the Constitution)
The accelerated procedure may compromise:
The right to an effective defense.
A reasonable time frame.
The right to present evidence.
Sufficient reasoning (proper justification).
The Constitutional Court of Peru has held that due process fully applies in administrative proceedings.
An abbreviated procedure is valid only if it does not deprive the right of defense of its essential content.
2. Principle of Proportionality
Expulsion is the most severe sanction in immigration matters.
A re-entry ban adds an additional restriction.
If both measures are imposed without:
An individualized assessment,
Objective gradation,
An analysis of ties to Peru (in the real sense of having family members, children, spouse, partner, housing, employment, etc.),
A situation of disproportionality could arise.
3. Non bis in idem (material dimension)
This principle, fundamental in criminal law, also applies to administrative sanctioning law when the immigration authority imposes punitive sanctions, such as expulsion and a re-entry ban.
If both expulsion and the re-entry ban are based on the same infringing act and serve a punitive purpose, a material duplication of sanctions could be argued.
4. Protection of the Family
The Constitution protects the family and de facto unions.
Expulsion may affect the rights of:
A Peruvian spouse or partner.
Peruvian children or even dependent family members (in-laws, siblings, etc.).
The immigration authority must assess the family impact through a genuine evaluation within a procedure that, in many cases, begins and concludes on the same day or within no more than 24 hours, as we have observed occurring in the city of Cusco.
Binding International Standards
1. American Convention (Arts. 8 and 25)
It guarantees:
Due process.
An effective remedy.
The Inter-American Court of Human Rights has established that:
Automatic expulsions are not permissible.
An individual assessment must be carried out.
Family unity must be respected.
An effective remedy with suspensive effect must be guaranteed when appropriate.
2. International Covenant on Civil and Political Rights
It recognizes:
The right to defense.
The right to review of an expulsion decision.
Protection against arbitrary measures.
Explanatory Table – “Express” Procedure and Defense Strategy
| Stage of the Process | Action by Immigration Authority | Risk for the Foreign National | Immediate Defense Strategy |
|---|---|---|---|
| Initiation of the PASEE | Notification of violation | Very short deadlines | Request a complete copy of the administrative file |
| Submission of Arguments (Defense) | Short response period | Limited opportunity for defense | File a technical written submission invoking due process |
| Decision | Expulsion + re-entry ban | Rapid enforcement | Request suspension based on ties to Peru (arraigo) |
| Enforcement | Order to leave the country | Forced departure | File an immediate reconsideration appeal |
| Post-Decision | Start of re-entry ban period | Future entry restriction | File a constitutional protection action (amparo) with interim relief |
How a Foreign National in Irregular Status Can Defend Themselves
1. Act Immediately
Time is decisive.
The first written submission must:
Challenge the proportionality between the offense committed and the sanction imposed.
Request enhanced and properly reasoned justification.
Invoke ties to Peru (arraigo), whenever applicable or reasonable, and where supporting evidence exists, such as a lease agreement, family ties, or an ongoing medical procedure.
Invoke applicable international treaties.
2. Request Suspension of Enforcement
It must be expressly requested that:
The expulsion not be enforced until the appeal is resolved. This point is fundamental, since the foreign national will otherwise be registered in the immigration control systems and will not be able to re-enter the country for the duration of the re-entry ban.
The right to provisional stay be respected during the evaluation of the proceeding or during subsequent administrative or judicial appeals, including constitutional protection actions.
Legal basis:
Right to an effective remedy.
Principle of effective administrative protection.
3. Invoke Personal Circumstances
The written submission must include:
Length of stay in Peru.
Family ties.
Employment activity.
Absence of criminal record.
Pending regularization request (if applicable).
How to Challenge the Expulsion and Re-Entry Ban
1. Appeal before the National Superintendence of Migration
It must contain:
A. Clear Petition
Declaration of nullity of the resolution.
Suspension of enforcement.
Elimination or reduction of the re-entry ban.
B. Legal Grounds
Violation of the principle of proportionality.
Lack of sufficient reasoning.
Violation of due process.
Non-compliance with the American Convention on Human Rights.
C. Factual Grounds
Proven ties to Peru.
Life project in Peru.
Family impact.
D. Evidence
Documents proving cohabitation.
Employment contracts.
Sworn statements.
Certificates.
How to Remain in Peru Until a Final Decision Is Issued
It must include:
Full identification of the applicant.
Express indication of the challenged resolution (the deadline for filing is 3 days).
Request for suspension of enforcement of the expulsion sanction.
Development of the proportionality test (considering length of stay, prior record, acknowledgment of facts, etc.).
Invocation of international treaties.
Proof of ties to Peru.
Request for a hearing.
Signature and procedural domicile.
Model Structure of the Administrative Appeal
Full identification of the applicant.
Express indication of the challenged resolution (the deadline for filing is 3 days).
Request for suspension of enforcement of the expulsion sanction.
Development of the proportionality test (considering length of stay, prior record, acknowledgment of facts, etc.).
Invocation of international treaties.
Proof of ties to Peru.
Request for a hearing.
Signature and procedural domicile.
How to Submit the Appeal
The appeal or any document addressed to the Immigration Authority may be submitted through the Virtual Agency of Migraciones (recommended due to time sensitivity):
https://agenciavirtual.migraciones.gob.pe/agencia-virtual/identidad
It may also be submitted in person at the offices of Migraciones in each Regional Office.
Conclusion
Legislative Decree 1582 does not eliminate constitutional guarantees.
Even in an irregular immigration situation, a foreign national:
Has the right to defense.
Has the right to proportionality.
Has the right to an effective remedy.
Has the right to family protection.
The key in 2026 will be to:
Act quickly.
Present technically sound legal arguments.
Prove ties to Peru (arraigo).
Demand individualized reasoning in the decision.
Remember that an irregular immigration status does not suspend the fundamental rights granted to foreign nationals under the Political Constitution of Peru, the Migration Law and its regulations, the international agreements subscribed to by Peru, and applicable human rights instruments.
The key is to act against the clock and seek legal advice in order to understand your rights and act accordingly. The deadline to file an appeal is only 3 days; otherwise, before the Immigration Authority the resolution becomes final and the expulsion sanction will be enforced, leaving only the judicial route through an administrative litigation process within 90 days.
MODEL APPEAL DOCUMENT FOR MIGRACIONES
If you have been affected by an express expulsion and need to act quickly, you may use our administrative appeal template.
You can download it as a Word document or click on this Google Doc link to create your own editable copy.
Please read the entire document carefully and make the necessary adjustments based on your personal situation and the specific facts of your case.
Since all communication with the Immigration Authority is conducted exclusively in Spanish, we have not prepared an English version.
If you require legal assistance or are unsure how to proceed, contact us. We will respond as soon as possible with further information and details regarding our professional fees.
Frequently Asked Questions About Express Expulsion in Peru
You have only 3 business days from the notification of the resolution to file an appeal. If you do not act within this deadline, the decision becomes final at the administrative level and the expulsion may be enforced.
Yes, but you must expressly request a suspension of enforcement. Without this request, the immigration authority may execute the expulsion even if your appeal is pending.
No. Under constitutional and international standards, there must be an individualized assessment, respect for due process, and access to an effective remedy. Automatic expulsions may violate fundamental rights.
It means demonstrating real connections to the country, such as family members, employment, housing, or ongoing medical treatment. Proving these ties is crucial when challenging the proportionality of the sanction.
The resolution becomes final before the immigration authority and the expulsion will be enforced. At that point, the only remaining option is judicial review through an administrative litigation process within 90 days.
It can be submitted through the Virtual Agency of Migraciones or in person at the corresponding regional immigration office.
Need help choosing the right visa for Peru?
Immigration rules in Peru can be confusing – especially when it comes to the required documents, timelines, and legal steps. Choosing the right visa from the start can save you time, money, and stress.
Book your private consultation with Sergio Vargas to get expert guidance on the best visa option for your situation – and a clear plan to move forward.
The session takes place via Zoom and can be conducted in English or Spanish.
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