Showing posts with label legal issues. Show all posts
Showing posts with label legal issues. Show all posts

Thursday, June 1, 2017

How You Can Go Through a Divorce in Peru and Still Be Considered Married

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Marriage, divorce, and Peruvian citizenship are probably the most popular topics on my blog. I've written a number of articles about getting divorced in Peru. 
Emotional, Financial, and Practical Advice
You need to be practical about the divorce. Take your emotions out of it. You need to think about finances and avoid these mistakes. If kids are involved, try to co-parent, even if your ex tries to turn the kids against you.

If you're divorcing a narcissist, you have even more to think about. Narcissists can turn everyone against you, even your friends, your lawyer, and the judge. They use techniques, such as gaslighting, to convince you that you're crazy. They will tell lies and believe them, totally ignore you, re-invent the past, and turn people against you. If you're in a relationship with a narcissist, I highly suggest you read more about it and find a support group. Here are some links to help you.
My advice to you would be to educate yourself and distance yourself both physically (if possible) and emotionally from this person.
    Court Documents
    When your divorce is finalised you will official documents from the courts. I got two documents: a "registro personal" and an "acta de concilacion extrajudicial". The first translates to a personal registration which basically says you're divorced. The second breaks down the division of property, custody, alimony, and child support.

    RENIEC Documents
    You may think that with this you will be considered divorced and you might be, depending on your nationality. Some countries will accept an apostillised copy of these documents and you can register your Peruvian divorce back home. Some countries don't register / record foreign civil status documents. My county in the USA used to, but now they don't. So while I was able to register my Peruvian marriage, I couldn't register my Korean divorce and my Peruvian divorce.  (I divorced my ex twice since he didn't want to register our Korean divorce in Peru.) This was not an issue when I re-married in the US. I simply showed them a copy of my divorce papers and that was good enough for them.

    Other countries won't accept the court documents. If you're Peruvian, these documents are NOT enough to show that you are divorced. You need to complete one more step in order to register your divorce in Peru. You need to take these documents to RENIEC and have them register your divorce. You can then get a copy of your divorce certificate. If you got married in Peru, then they will print out your marriage certificate and in the margins there will be a note stating that you got divorced. If you didn't get married in Peru, they will print out a document stating the details of your marriage and also include the divorce in the margins. This document is what you need if you're Peruvian or if your country doesn't accept the other divorce documents you got from the courts.

    The irony of all this is that BOTH parties (if Peruvian) need to go and change their civil status. For example, I was only given the court documents and was unable to change my DNI while living in Korea. My ex easily got the divorce certificate since he was living in Peru. He went to RENIEC and is now registered as divorced. So even though he is no longer married to me (according to RENIEC), somehow I am still married to him (according to RENIEC). You would think that once one person registered a marriage or divorce, the other would automatically be registered, but they're not. I'm not sure if this is just a way to get double the amount of fees or simply lack of logic.

    Conclusion
    I, personally, would do this last step if possible. If you're in Peru or paying a lawyer to do it, just get it done. You never know when laws will change and you will need your divorce certificate from RENIEC. 



    Disclaimer:

    Wednesday, March 1, 2017

    How to Register Your Peruvian Divorce with a Peruvian Embassy or Consulate Abroad

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    This information is for the following people.
    • Peruvian citizens (or naturalised Peruvians) who live abroad yet get divorced in Peru and have not updated their Peruvian passport and/or DNI. What often happens is that they got married in Peru while they were young and then left. Years later they decide to get divorced
    • Couples in which one person is Peruvian and the Peruvian has not updated their Peruvian passport and/or DNI. In this case what usually happens is that the Peruvian wants to get married in their country, so they have a wedding there for the family, but they live abroad. Then they decide to get divorced
    In both of these cases, there are two options, provided that at least one of them is a legal resident in the country where they are living.
    1. Get divorced in the country they are living and then register their foreign divorce in Peru (aka exequatur).
    2. Get divorced in Peru and register their Peruvian divorce in the country they're living in.
    This article will discuss the second option. In both of these cases, what usually happens is that either neither of them live in Peru or only one of them lives in Peru. You do not have to live in Peru in order to get divorced there if you are a Peruvian citizen. One of you can live there and the other spouse can give a lawyer power of attorney. Or both of you could give your lawyers power of attorney. What happens is that you get divorced by proxy (similar to marriage by proxy). Here are some lawyers that you can contact for more information. I have been through the process and it is legal. The article how to get divorced in Peru discusses more options if you are both able to go to Peru.

    Peruvian Citizens
    If you are the person living abroad and are Peruvian, you will have to change your DNI so it says you're divorced. If you're a woman and have taken the "de", you will have to change your name on your DNI and passport. In order to do this you will need the proper paperwork.

    For marriages that took place in Peru
    If you got married in Peru, you will need to get the marriage certificate from the municipality. It will have an annotation on it that states you're divorced. This is the document you will need if you want to update your documents. Hopefully your ex will be nice enough to send them to you (mine wasn't, so I still haven't updated my documents after all this time), if not you can either ask a friend or family member to do it or in the worst case scenario get a lawyer to do it.

    For marriages that took place abroad
    If you got married abroad, you will have to talk to the embassy or consulate that has jurisdiction over your area to see what the requirements are. More likely than not you're going to have to get things translated and apostillised (or authenticated if the country isn't in the Hague Agreement). Hopefully you got married in the country you're living in. If you got married in one country, divorced in Peru, and are now living in a third country, you will probably run into difficulties. Some people have said they just need their marriage certificate and their Peruvian divorce documents. Other people have said they need to register their Peruvian divorce in the country they're living in. (If you're in the USA, you might have trouble registering (or recording) a foreign divorce. I know that my county no longer registers foreign divorces.)

    In conclusion
    Either way, you are also going to need your DNI and your passport. If they're not valid, it should be ok and you can still update your records. Whenever you decide to renew your documents, the changes will be reflected on them. You will also need to fill out some forms and pay a fee. Make sure you call the embassy or consulate and see if they have any other requirements.

    If you are not able to update your documents for whatever reason and you hold citizenship in another country, then don't worry. You can still get married again. You will just have to show your Peruvian divorce agreement. Make sure it's translated and apostillised (or authenticated if the country isn't in the Hague Agreement).

    If you are not able to update your documents and you do not have a second citizenship, then you will have problems if you want to re-marry. You will either have to update your documents, stay single, or simply live together.





    Disclaimer:

    Wednesday, December 21, 2016

    Can You Get Peruvian Citizenship and a Passport Just By Investing Money?

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    Although some countries have investment options to getting citizenship, i.e. you can basically buy citizenship to that country, Peru is not one of them. You cannot simply invest money, never live in Peru, and get a passport. They don't have a quick and easy investment option for people who don't spend time in Peru. There are ways to invest money and after fulfilling certain requirements, then you can apply for citizenship. Once granted, you can get a passport.

    How to Get Residency by Investing Money in Peru
    You can, however, get residency via an investment. There are two options to do this. One is an investment / entrepreneur visa and the other is forming a company in which you are the main shareholder. You can find out more about both of this options in this post.

    Getting residency is one thing, keeping it is another. Some people think that they can simply get residency, leave for three years, and then apply for citizenship. That's probably not going to work either. If you want to keep residency, you'll have to come to Peru every six months. If you spend more than 6 months outside of Peru and want to keep your residency, you will have to get permission from immigration. Here is what you will have to do if you want to leave for more than 183 days. You can read more info about this in Chris' blog. More first hand experience can be read in this thread.

    Getting Peruvian Citizenship and a Passport 
    After you've had your CE for three years and paid the yearly tax, then you can apply for Peruvian citizenship. You can find out how to do this in this post.

    NB: I'll be taking a break from blogging at The Ultimate Peru List in January and February. While I'm gone you can take a look at my other blogs. New posts will be published starting in March.



    Disclaimer:

    Wednesday, October 12, 2016

    Can My Child, Sibling, Parent, or In-Laws Get Me a Visa to Live in Peru?

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    ***Be sure you ask at immigrations about your visa as rules and fees seem to change often. You now need an appointment in order to go to immigration. Make the "derecho de tramite" payment in order to schedule your appointment right away.***

    I've been asked a handful of times about the family visa option. Since this is a family visa, someone in your family can sponsor you. Who they consider family might vary from immigration officer to immigration officer and you might need to get a lawyer to help you with complicated cases. Below you can find out who can get this visa and who might be able to get this visa. If you think you qualify, you can find out what documents you need in this post or by contacting migraciones.

    You can get this visa if you are . . .

    • An under-aged child of a Peruvian citizen (if the child isn't Peruvian) or immigrant
    • Married to a Peruvian or immigrant
    You might also be able to get the visa if you are . . . 
    • A parent of a Peruvian child (whether they are a minor or of age) or immigrant
    • A parent of a Peruvian child and the child has special needs
    • A sibling of a Peruvian citizen or immigrant
    • In-laws of a Peruvian citizen or immigrant
    • An adult child of a Peruvian citizen or immigrant
    Family might be your children, your siblings, your parents, or your in-laws. The issue is that they should be able to support you. Since children born in Peru can get citizenship via jus soli (meaning that anyone born on Peruvian soil can become Peruvians), children might be able to sponsor their parents. However, this doesn't mean that your infant can sponsor you. In most cases, the person must be financially stable (an example of an exception would be a child with special needs). If your child is a minor who earns money, for example, an actor than that would be a different story. A child who is of age and had a job should also be able to sponsor their parents. When in doubt, contact a lawyer or migraciones.



    Disclaimer:

    Monday, September 12, 2016

    Getting Married in Peru After a Divorce

    Some people have emailed me and asked how to get married in Peru after a divorce, whether it be a divorce in Peru or a foreign divorce. First things first, make sure your divorce is final.
    While second marriages are becoming more common there are 3 reasons why Peruvians prefer not to get married. If you decide that marriage might be right for you, there are some things you should think carefully about before marrying a Peruvian.

    Waiting Periods and Pregnancy Tests
    With all that being said getting married in Peru after a divorce is fairly simple. Some people have asked about waiting periods and the answer is that it depends on the municipality that you get married in. Some have waiting periods and some don't, so ask around. If you're a woman, foreign or Peruvian, you will have to undergo a pregnancy test if you get re-married within a year of your divorce. If found to be pregnant a DNA test will probably be requested to find out who the father is.

    Paperwork Needed
    All the information about getting married in Peru can be found here. There is a section that talks specifically about how to get married if you're divorced. You'll find information about how long it takes, what documents you need, name changes, spousal visas, CEs, and more on that blog post. Paperwork can be daunting, but once you're done you can register your Peruvian marriage back home. Congrats! Be sure to enjoy your time together and tell each other how much you love and appreciate each other every day.



    Disclaimer:

    Sunday, June 12, 2016

    Important Passport Information for Dual Citizen Americans

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    If you're like most people, you go straight to filling out the forms and don't both reading the directions. If you're applying for an American passport (Form DS-11) and are a dual citizen, not reading the directions could cause you serious problems. When you sign, you declare that all the information is correct under penalty of perjury.

    What many people may not know is that on the 4th page there is a section called Acts Or Conditions.  The second paragraph talks various topics and one of them is about people who have acquired another citizenship after becoming an American citizen. If you have become a naturalised Peruvian citizen, then this pertains to you.

    Completing the form by hand
    If you're filling out the form by hand all you need to do is print the Acts Or Conditions section and cross out the information that pertains to you. So if you have become a citizen you would have to cross out the section that says, "been naturalized as a citizen of a foreign state". If you also took an oath of allegiance, then you would also cross out the section that states, " taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state".

    After doing that, you will have to write an explanation. So if you acquired Peruvian citizenship, explain where and when you did it. You might also want to state that you have no intention of ever renouncing American citizenship.

    If your name has changed, you will also have to write that information down as well. It doesn't matter why you changed your name: marriage, divorce, adoption, court orders, or naturalisation. They don't have much room for different names, so you might have to attach another piece of paper.

    Completing the form online
    If you're filling out the form online, you will have to do the same as if you were completing it by hand: print and cross out the information that doesn't pertain to you and then write an explanation.

    If your name has changed, you will also have to write that information down as well. It doesn't matter why you changed your name: marriage, divorce, adoption, court orders, or naturalisation. There is only room for two different name changes on the online application. Although you can enter more than two, when you go to print, only two will show up. If you have more than two simply attach another piece of paper.

    NB: I'll be taking a break from blogging at The Ultimate Peru List in July and August. While I'm gone you can take a look at my other blogs. New posts will be published starting in September. 



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    Thursday, May 12, 2016

    The Real Price of Gold

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    It's strange how our society values things that are relatively worthless and convinces people that not only do they need them, but they should pay a lot for them. I've heard of blood diamonds and decided way before I got married not to get a diamond wedding ring. Precious metals also have a dark side to them.

    I recently came across this article published by National Geographic in January 2009 about the real price of gold. While 7 years old it still holds true today. It has loads of interesting subjects, such as Incas, coca, pisco, an ancient lottery system that is still used today, Quechua, shantytowns, and the impracticality of gold which makes it an interesting read. Gold is Peru's biggest export and Peru is the fifth largest exporter of gold in the world. All this comes at a price though. 

    At 13 pages it is a bit of a long article, but it's thought-provoking and makes me think how first world countries take advantage of third world countries. Other countries such as Indonesia, India, China, and the US are mentioned as the history of gold is discussed. There are a number of good books about Peruvian history, such as the New York Times Best Seller: Turn Right at Machu Picchu and The Last Day of the Incas if you're interested n learning more.

    Some people believe that the bubble has burst and that gold will no longer be as highly valued as it is today.Gold Bubble: Profiting From Gold's Impending Collapse discusses the history of gold and talks about what the future brings.



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    Tuesday, April 12, 2016

    How to Give Up / Renounce Peruvian Citizenship

    Some foreigners decide to become naturalised Peruvian citizens. They move to Peru and Peru becomes their home. Sometimes Peruvians decide to leave Peru and sever all ties. One way to do that is by renouncing (or giving up) Peruvian citizenship. If you do this you will no longer be a Peruvian citizen and will have to hand your DNI and passport over to the embassy.

    Usually to do this you will need to have another citizenship since being stateless is not something you should become unless there are dire circumstances. If that's the case, then what you usually need to do is go to another country and declare yourself as a refugee. Rules vary country to country.

    Assuming that you already have another citizenship the process to renounce Peruvian citizenship is pretty straightforward. You have two choices: you can either do it at a Peruvian embassy/consulate abroad or in Lima at the Superintendencia Nacional de Migraciones aka migraciones. The information below was taken from the Chicago consulate's website:
    The time varies depending on whether you do it in Lima or abroad. If you're doing it abroad it varies on the embassy/consulate due to holidays and such, so be sure to ask. Keep in mind that just to get a DNI abroad it takes 2-3 months. So don't expect this to be instantanous. In addition, if you're giving up Peruvian citizenship in order to try to avoid being prosecuted for breaking the law, don't expect your request to be granted.

    The information above it only for those over the age of 18. You're not allowed to renounce citizenship on behalf of a minor. If you aren't sure if you want to renounce Peruvian citizenship or if you're hoping your minor children will do it in the future, here are somethings you can do.
    • First,change your DNI to show an address abroad so you won't be fined for not voting
    • Secondly, cut ties with Peru: close bank accounts, sell property, don't visit, etc.
    • Third, even though it might be tempting to destroy documents such as birth, marriage, or death certificates, or your DNI or passport: don't do it. Just keep them since destroying them could cause you legal problems. 
    • Lastly, don't renew your DNI or passport. Simply let them expire. For all intents and purposes Peru won't be able to keep tabs on you and you can just disappear.
    That's about it. It's a bit step to take, so make sure you're ready before you sign any papers.



    Disclaimer:

    Friday, February 12, 2016

    New Tourist Visa Regulations for Peru and Border Hopping

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    Updated 5 April 2017

    People love Peru so much that they don't want to leave! Unfortunately, some of them overstay their visa.

    The Rumours
    There were rumors that the $1 a day fine was going to increase to $5 a day. Here's info about the proposal.

    "If passed, the new law will allow you up to 183 days in a 365 day period and the fine for overstaying is $5 a day. You can read all 18 pages of the law at El Peruano."

    What Happened
    The good news is that the law did NOT go into effect, but it did increase a bit. On Expatriates in Peru, Craig Ess asked about the fine on 16 September 2016.  It's $1.25 (yes, that's US dollars that they use since the sol historically isn't stable). Not only that, but there are no other penalties for overstaying, and you can pay, leave, and then come back 10 minutes later.

    Visa changes happened in 2008. As a tourist, you are allowed up to 183 days at a time and then you can either border hop or pay the $1.25 a day fine once you leave. Some people have been known to bargain especially those who overstay their visa by years. Yes, years. I've known people to overstay by 1, 2 and even 7 years. While it's not ideal, it's still done.

    If you're going to stay in Peru for years and year, make sure you see all the sites worth seeing!

    NB: I'll be taking a break from blogging at The Ultimate Peru List in March. While I'm gone you can take a look at my other blogs. New posts will be published starting in April.





    Disclaimer:

    Saturday, December 12, 2015

    Ley de Retorno: How the Peruvian Government is Trying to Get Peruvians to Come Back to Peru

    One of my most popular posts of all time is how to get Peruvian citizenship. I thought this post might benefits Peruvians like me who have left. (I got citizenship in early 2009 and left in early 2010. I haven't been back since.) I saw a poster about the Ley de Retorno when I went to the embassy a bit ago here in Seoul. Since so many Peruvians have gone abroad and not come back, their human capital is diminishing. They're trying to do something to entice people to come back.

    The complete name of the law is Ley de Reinsercion Economica y Social para el Migrante Retornado and is number 30001 and there are monetary and social benefits. For the monetary benefits there are no taxes on cars up to $30k, household goods up to $30k, instruments, machines, equipment, and capital assets up to $150k when you repatriate to Peru. For the social benefits, they will help you find loans, jobs, with certification, and assistance with psychological and social integration.

    In order to qualify for the monetary benefits you must be a Peruvian who has lived abroad for at least 4 years. If you have to leave the foreign country due to immigration issues then they lower it to 2 years. For the social benefits you must be a Peruvian who has lived abroad for at least 3 years. If you have to leave the foreign country due to immigration issues then they lower it to 2 years.

    You can find out more about this law on RREE, Ley de Retorno, Facebook, or leyderetorno@rree.gob.pe



    Disclaimer:

    Sunday, November 22, 2015

    Renewing a Peruvian Passport vs Having a Peruvian Passport Issued

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    One of my most popular posts of all time is how to get Peruvian citizenship. Getting a Peruvian passport (once you get citizenship) is a fairly straightforward process and they are valid for 5 years. If you're in Peru, you can get it within a day. Once you get your first passport, there are two options for the next passport you get: you can renew your current passport or having a passport issued. I personally always make sure my passports are valid. You never know when you will travel to Peru! And being a Peruvian will get you discounts at Machu Picchu.


    There are different steps and outcomes for renewing a Peruvian passport whether you're in Peru or abroad.
    • If you're in Peru, they will simply turn your passport over and open it up. On the last page they will add a new front page with your photo and data. 
    • If you're abroad they will find the first blank page and put an ink stamp it in, wrote down the necessary information, and then put some postal stamps in it that represent the fee you paid. 
    • The pros of this are that if you're abroad you don't have to wait 3 months for a new passport or get a new photo taken. This option is also a little bit cheaper than getting another passport. 
    • The cons are that when you travel, immigration officers open up your passport and think it's expired. 

    Having a Peruvian passport issued is the same as when you get your first passport. You will get a whole new passport.
    • The pros are that you can update your photo and don't have to deal with confused immigration officers.
    • The cons are that it's more expensive (by just a little bit) and that if you're abroad be prepared for it to take 3 months (more if there are holidays). 






    Disclaimer:

    Thursday, November 12, 2015

    Registering Your Peruvian Divorce Back Home

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    Updated 21 December 2016

    Once you finish getting divorced in Peru, you're going to want to register your divorce back home. More likely than not you're going to have to do the same thing you did when you registered your Peruvian marriage back home.

    If you get divorced in Peru it will not automatically show up on your records back home. What you do depends on where you're from.

    When your divorce is finalised you will some official documents. I got a a "registro personal" and an "acta de concilacion extrajudicial". The first translates to a personal registration which basically says you're divorced. The second breaks down the division of property, custody, alimony, and child support.

    You may think that with this you will be considered divorced and you might be, depending on your nationality. Some countries will accept an apostillised copy of these documents and you can register your Peruvian divorce back home.

    Others won't. If you're Peruvian, these documents are NOT enough to show that you are divorced. You need to complete one more step in order to register your divorce in Peru. You need to take these documents to RENIEC and have them register your divorce. You can then get a copy of your divorce certificate. If you got married in Peru, then they will print out your marriage certificate and in the margins there will be a note stating that you got divorced. If you didn't get married in Peru, they will print out a document stating the details of your marriage and also include the divorce in the margins. This document is what you need if your country doesn't accept the other divorce documents you got from the courts. 


    If you're from the US, they usually don't ask for official translations or apostillisations. Personally, I would still get my Peruvian documents notarised, apostillised, and translated. If your country is in the Hague Agreement, like the US and the UK, there's less paperwork for you to do. If your country isn't in the Hague Agreement, like Canada, then there are some extra steps you will have to do. Here's a guide on how to use Peruvian documents abroad. Double check and ask the embassy of that country if there are any other steps you need to take.




    Disclaimer:

    Tuesday, September 22, 2015

    Reader Request: Registering a Foreign Marriage in Peru

    Congrats on your marriage! I get a lot of emails asking me how to register a foreign marriage in Peru when one of the spouses is Peruvian. This information was originally posted here and I've re-posted it below.

    Image source
    You will have to register your marriage in the country where you got married (probably at the Ministry of Foreign Affairs) and then go to the Peruvian consulate or embassy and register it with them. Do this as quickly as possible because there may be a time limit. If possible, get a couple marriage certificates. You will need a new marriage certificate every year in order to renew residency.
    After you register it at the consulate or embassy, they will then give you a Peruvian marriage certificate.

    Ask them if your marriage will be registered with RENIEC. If it will not be registered with RENIEC, then you will also have to do that when you get here. When you come to Peru, you have between 30 and 90 days to register your marriage depending on the person you talk to.








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    Saturday, September 12, 2015

    Corruption Gone Wild in Peru

    Someone recently sent me a link to this article which talks about political corruption in Peru. It's an eye-opening article which discusses three of the past presidents and other political figures in Peru. Although Peru has come a long way in recent years, it still has a long way to go. You can read the article at the CS Monitor or below.




    Corruption gone wild? Peru's political indictments reach from top office down. From three former presidents under investigation for charges for money laundering to selling pardons, and over 90 percent of Peru's mayors accused of corruption, Peru is facing systemic corruption.

    By Jeremy McDermott, InSight Crime Elyssa Pachico, InSight Crime September 10, 2014

    • InSight Crime researches, analyzes, and investigates organized crime in the Americas. The views expressed are the author's own. 

    One former Peruvian president is now facing charges of money laundering, another of selling pardons to drug traffickers, and a third is in prison, while a serving congressman has been linked to a Mexican drug smuggler, suggesting endemic corruption in Peru's political class.

    In an unanimous vote, Congress approved a report by a congressional audit commission that proposes charging former President Alejandro Toledo (who was in office from 2001 to 2006) with money laundering and criminal conspiracy. Mr. Toledo is accused of using funds from a Costa Rican shell company in order to finance his mother-in-law's $5 million purchase of a home and office. Toledo, who has been under investigation since last year, has criticized the accusations, calling them a "political attack" as he plans to run for the presidency again in 2016.

    Former president Alan Garcia (1985-90 and 2006-11) is facing possible indictment in the "narco-pardons" scandal, where he is accused of having been involved in selling pardons to convicts, including drug traffickers.

    Former President Alberto Fujimori (1990-2000) is in prison, serving sentences for human rights abuses and embezzlement.

    Alongside these scandals involving former presidents, a sitting congressman has found himself mired in controversy. Investigative news magazine Caretas recently revealed that a spokesperson for Toledo's political party, Jose Leon Rivera, rented a beach house to a man police say is a Mexican drug trafficker responsible for the largest seizure of cocaine ever confiscated in Peru.

    While the congressman initially denied knowing the alleged trafficker, Rodrigo Torres, a police surveillance video released by Caretas purportedly shows the two meeting outside the house. After the video's release, Mr. Leon admitted that he did meet with his tenant on several occasions, but did not know of his involvement in drug trafficking.

    InSight Crime Analysis 
    The ongoing probe into Toledo's financial affairs may soon accompany a deeper investigation into Leon's dealings with the Mexicans. Added to this is the fact that over 90 percent of the country's mayors are under investigation for corruption and you have what appears to be systematic corruption in Peru's political world, reaching the highest levels.

    Another current challenge for this Andean nation is cleaning up the pool of candidates who plan to run during the upcoming gubernatorial and mayoral elections scheduled for Oct. 5. The Interior Minister has previously said they've identified 115 candidates who are linked to drug trafficking cases, as well as 345 candidates who've already been convicted of a crime.



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    Saturday, August 22, 2015

    Reader Request: Proxy Marriage in Peru

    From Weare
    Updated 12 September 2015

    I've had people ask me if they can do a proxy marriage in while living in Peru. To start with, a proxy marriage is when one person gives someone POA* to get married on their behalf. A double proxy marriage is when both people give other people POA* to get married on their behalf. Here's another article I wrote with more information about proxy marriages and common questions about them, such as whether they're legal.

    The short answer is yes, you can do a proxy marriage while living in Peru. I know the US does them and does not require people to be US citizens. Here are some companies which perform proxy marriages in the US. One of you (unless one of you is active duty US military) will have to actually go to Montana and the other person can sign over power of attorney. You'll have to pay the company about $600-$800, which seems like a lot, but it's cheaper than an actual wedding. If you plan on using the American marriage certificate in Peru then you will have to register your foreign marriage in Peru. Here are steps telling you what to do. You can check with your home country to see if they allow them and what you would have to do.


    Proxy marriages at Peruvian municipalities
    Contact the nearest muncipality and ask if they allow proxy marriages. In addition to all the regular documents you need to get married, you would need to give someone POA*. You might need to hire a lawyer and get the correct POA* drafted up. It will be in Spanish so if you don't understand Spanish make sure you give the POA* to someone you trust. You could give the power to a friend in Peru or to a lawyer. You would then have to sign it at the Peruvian embassy or consulate nearest you and send it to Peru where it would be registered. Then you can do everything that is required in order to get married.

    Non-proxy marriages in Peru
    If you just want to get married in Peru and not live there, you might want to look at having a destination wedding in Peru.

    If you want to get married in Peru and live there, then should look at the following articles:
    * power of attorney



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    Tuesday, June 2, 2015

    The 1-2-3’s of Adapting to Life in Lima

    The following is a guest post by Alan LaRue. He is the founder of the Expatperu.com website and the Webspanish.com online school. He has lived in Peru since 1995. There are a number of good books about Peruvian history, such as the New York Times Best Seller: Turn Right at Machu Picchu and The Last Day of the Incas.  

    The 1-2-3’s of Adapting to Life in Lima
    So, you have decided to relocate to Lima, Peru and you are doing your research to smooth your transition. Good for you! This webpage is a great source of information and I was pleased to be asked to contribute a guest post with some advice for newcomers.

    I have lived in Lima for more than 20 years now, and over the past two decades I have seen countless foreigners move here, and I see how some adapted much better than others. Based on their experiences - and my own lessons learned – I´d like to offer you a few shortcuts to adapting to life here. After all, the faster you adapt, the faster you can get on with the chore of making a living, raising your kids, or just living the adventure of a new life in an exciting country, all despair of culture shock.

    Step One – Do Your Research 
    There are three web pages that stand out from the crowd in terms of providing advice for foreigners relocating to Peru. These are The Ultimate Peru List, Expat Peru and Lima Easy. Take some time and read all that these web pages have to offer; they are all based on personal and collective experience, and while some of the information you find might be out-dated, these three webpages are a tremendous resource.

    Besides reading these pages, my advice is that you spend some time reading up on Peru´s economy. The best source I have found is the data rich Peru Business and Investment Guide. Follow the link and download the PDF: you will be amazed at how much information is included here. This guide book is chock-full of charts and graphs gleaned from the World Bank, the Central Bank of Peru, the Peruvian statistical agency INEN, and a host of other reputable sources. When you read it you will gain an overview of the Government of Peru, and the country´s geography, demographics, trade agreements, economic sectors, taxation rules, investment laws, visas, and an up-to-date directory of the main government and regulatory agencies.

    Then, round off your reading with the well-written “Lima: A Cultural History”, by James Higgins. I have read dozens of books on Peru and this one stands out as one of my favorites! The book includes a brief history of Lima, a description of its modernization and change, an overview of colonial houses and monuments, an explanation of the historical center and nice descriptions of the neighborhoods where foreigners most often settle, such as Surco, San Isidro, Pueblo Libre, Callao and Miraflores.

    So in conclusion: Do your research. You will feel more confident upon arrival and you will have developed some criteria to help you conduct your own analysis of your new-found home.

    Step Two: Connect With People
    Ask any psychologist - or your mother for that matter - and you will be told that one of the best ways to keep up your spirits is to surround yourself with friends. This holds especially true when you move to a new country or city because - besides giving emotional support - friends will give you the basic information and tips you need when settling in. With this in mind, I´d like to recommend a few networks where you can find people who want to get to know you, and who are happy to help.

    Do you use Facebook? If so, the two must-joins are Expatriates in Peru and Living in Lima – Expat Support. Both have a large community of people who have already relocated to Peru. If you are an entrepreneur, you can also consider joining Expat Entrepreneurs in Lima. These guys organize regular face-to-face meetings where entrepreneurs share their experience and network. If joining a forum is more your thing, I invite you to join the Expat Peru forum (I am the founder) where you will find an archive of thousands of questions and answers.

    Besides virtual communities, there are other groups where expats and Peruvians meet in an English-speaking environment. Visit the Lima Toastmasters Club and hone your public speaking skills over a hot lunch and camaraderie. For the religious minded, check out the Union Church of Lima and the Anglican Cathedral of the Good Shepherd. Both are large communities that bring together a wide mix of people from all kinds of backgrounds.

    You already know that learning Spanish is a crucial ingredient to your success in Lima, but did you know that you can begin studying Spanish online with a teacher from Lima before you travel? Studying with a teacher from Lima gives you the added benefit of receiving Spanish lessons from someone who also serves as a cultural guide, and who can give you all kinds of practical advice about living in Lima. Allow me to pitch my online Spanish school Web Spanish. Web Spanish is a pioneer in offering private classes online. Opened in 2005, Web Spanish has some of the best Spanish teachers you can hope to find online.

    Step Three – Get Your Bearings
    One of the best things you can do in your first few weeks in Lima is to treat yourself to a tour of Lima. Clarification: I am not talking about the classic, touristic city tour, but a down-to-earth excursion where you venture into the 4 corners of Lima. Only by doing this can you fully grasp what it means to live in a city of 10 million people, and begin to understand what life if for most of the city´s inhabitants.

     This sounds daunting, but in practice, it is very doable. Taxis are relatively inexpensive here, so ask around and find a reputable driver who can give you an hourly or day rate and explain to him that you want to see Lima up and down, the good and the bad. A full-day tour should cost you around US$60, a small price to pay for such an incredible educational experience. Make sure your driver takes you up to the top of Morro Solar and the Cerro San Cristobal where you can get a bird´s eye view of the city. If you are on a tight budget, you can do the same with using the bus system, but my suggestion here is that you go accompanied by someone who already knows the city well.

    Lima is full of museums - some much better than others - but for a newcomer trying to get her bearings, I´d like to recommend three. The first is the Museo de la Gastronomia. There is no other single place where you can get such a good understanding of Lima´s varied and rich cuisine. Then, there is the Cathedral of Lima, which gives you a sense of the important role played by the Catholic Church in Lima´s colonial and republican history. These two museums are within walking distance of one another and can be visited on the same day. Then, go to Miraflores and tour the Huaca Pucclana, a pre-colonial pyramid made of mud bricks with a small site museum. It´s a beautiful location and it will give you a sense of Lima´s pre-colonial history.

    I hope this short guide will help you as you relocate. Lima is a fun, exiting city, but not without its challenges. Taking your adaptation process seriously will help you settle in faster and better. Good luck, and enjoy!



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    Friday, May 22, 2015

    A Timeline for Getting Divorced in Peru

    Many people email me and ask about getting divorced in Peru. There is no clear-cut answer on how long it will take. My divorce took about 8 months start to finish. We had a child involved and agreed on everything. I believe it would have been faster if my ex hadn't dragged his feet on signing docs.

    Image source
    There are a lot of factors involved, such as whether you and your spouse agree on things, if you have communal property, and if you have children. Even if your divorce is amicable it's a stressful time for everyone involved. Here are some guides to help you get through the process and keep your sanity.
    There are a few things you should keep in mind:
    • You may be able to do a divorcio rapido. If you have communal property or children you will have to do a post-nup. 
    • If you get divorced in a foreign country you can either get divorced again in Peruor register your foreign divorce (exequatur). 
    • You can also hire a lawyer and give them power of attorney.
    • Here is some information about the steps and how long it should take. They say 6-8 months, but plan on it taking longer and costing more since there are always some documents missing. 





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    Tuesday, May 12, 2015

    Registering a Foreign Divorce in Peru (Exequatur)

    If either of you are Peruvian and you got divorced outside of Peru you can either re-do the divorce in Peru or register your foreign divorce (called exequatur). Depending on your situation it may be easier to get divorced again.

    Registering a foreign divorce can take up to 2 years. The Peruvian Consulate in AtlantaDivorcios por Internet, Exequatur Peru, and Mi Divorcio have more info. Both my ex and I are both Peruvians. We got divorced in Korea and decided to get divorced again in Peru rather than register our foreign divorce. Re-doing our divorce from scratch took about 8 months.

    Image source
    There are a lot of factors involved, such as whether you and your spouse agree on things, if you have communal property, and if you have children. Even if your divorce is amicable it's a stressful time for everyone involved. Here are some guides to help you get through the process and keep your sanity.



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    Sunday, April 12, 2015

    Reader Request: Can you Buy Property in Peru without a CE?

    From Rederij
    People are looking to invest in Peru and one way to do so is to buy property. The housing market in Peru is taking off and many people want to get in on it. For those of you who don't have a CE or Peruvian citizenship, you have to go through an extra step to buy property in Peru. It is illegal to buy property as a tourist, since contracts you sign aren't legally bounding. Make sure you read the fine print and know what you're getting into when you buy property abroad.

    The good news is that you just need to get a visa that gives you permission to sign contracts. Once you have that you're good to go and can sign on the dotted line. 





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    Sunday, March 22, 2015

    Voting in Peru, Padron Electoral, and Fines for Not Voting

    From Elecciones en Peru
    Updated 2 March 2017

    All Peruvian citizens living in Peru are required by law to vote; it's compulsory. If you don't vote, you will be fined. Another law concerning voting is Ley Seca, which forbids the sale of alcohol shortly before and after elections.

    Peru does 4 things:
    • Requires people to vote
    • Makes the sale of alcohol illegal
    • Has short-term proof of voting
    • Has long-term proof of voting
    By doing this, Peru is trying to cut down on corruption and become more transparent.

    Changing your address
    You MUST vote in the district that is reflected on your DNI. Many people don't bother changing their DNI because it's such a pain to do so. This means that if you live in Lima but your DNI has an address for Arequipa, you will have to travel back to Arequipa to vote. Transportation companies really take advantage of this and jack up their prices.

    I highly recommend you change your DNI to reflect your new address so you won't get fined. It usually takes about 3 months to change addresses and they cannot be done about 4 months before any election or 1 month after any election. 

    Fines
    There are exceptions to being fined such as illness, death of a family member, losing yor DNI, natural disasters, and more. ONPE has a complete list of the exceptions. If you're a miembro de mesa you will have to pay more than those who aren't. Different areas of Peru will pay less depending on whether they are classified as a poor area or not. Elecciones en Peru also has more info about different fees for fines. For the October 2014 Elections the maximum fines were S/. 76.

    Here is the website to find out if you have any fines. You can also find the form here. There is a guide on YouTube showing you how to check if you have fines. Terra also has a guide telling you how to check if you have fines.

    If you live abroad, you don't have to vote, but if you are a miembro de mesa you will have to participate in the elections or get fined. Currently for those living abroad the fines can be up to $64. 

    Proof of voting
    There are two things that Peru does to prove that you have voted: one is short-term and one is long-term. The day of the elections you're going to see people with ink on their index fingers. This is done in order to prevent double voting.

    You will also be given a hologram sticker that will be put on the back of your DNI as proof of voting (sufragio). If you are fined, you will have to go to the Banco de la Nacion en Peru and pay the fine. Someone can pay the fine on your behalf if you give them your DNI. They will not give that person a sticker though. The sticker can only be given to the person whose fine is being paid.

    I've heard that some embassies and consulates may allow you to pay the fine there. Someone told me that you can do this at the New York Consulate. I know the Seoul embassy will not allow you to pay. Without the sticker on the back of your DNI, legally you are not able to use it for any transactions in Peru, such as at the bank, at a notary, etc so it's best to pay the fines. Every once in a while they're forgiven, but it's not guaranteed.





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