What rights do foreigners have in Peru?

The general rule is written in three places

Many people assume a foreigner’s rights in Peru depend on whichever official is behind the counter. They do not. The general rule sits in three texts, and all three point the same way.

The Constitution, article 2(2): nobody may be discriminated against by reason of origin, race, sex, language, religion, opinion, economic condition «o de cualquiera otra índole». Origin is the first item on the list.

The Civil Code, article 2046: civil rights — to contract, buy, sell, marry, inherit, sue — are common to Peruvians and foreigners. Any exception must be written in a norm and justified by «necesidad nacional».

The Immigration Act (Decreto Legislativo 1350), article 9.1: the State recognises to the foreigner the fundamental rights of the Constitution, «tales como el acceso a la salud, a la educación y trabajo en igualdad de condiciones que los nacionales».

All three end the same way: «salvo las prohibiciones y limitaciones» that the law establishes. That matters. The limitation is the exception, and whoever invokes one should be able to point to the rule that creates it.

What is actually limited in writing

The limits we read in the official texts are few:

We found no general limitation in these texts on opening a bank account, renting a home, being treated at a hospital or enrolling your children in school. If someone applies one to you, ask them to name the rule.

Migration status and rights are not the same thing

Article 9.1 says «el extranjero», not «el extranjero residente». Your migration status — regular or irregular, resident or temporary — determines which procedures you can do and which sanctions you face. It does not determine whether you hold fundamental rights.

That said, we will not hide the other side. Since Decreto Legislativo 1582 (November 2023), public and private entities have a duty to verify that a foreigner is in regular migration status when serving or hiring them, and since Ley 32192 (December 2024), failing to identify yourself before the competent authority is a ground for expulsion. Holding rights does not release you from those duties. Our page on immigration fines and expulsion explains them.

The carné de extranjería

Article 17 of DL 1350 makes the carné de extranjería the official identity document of a foreigner with resident status. Since DL 1582, the carné is valid for exactly as long as the status it belongs to: if your residence expires, the carné expires with it. That detail explains a lot of refusals at banks and notaries that people read as discrimination and that are in fact an expired card.

Where this page stops

Three things we did not read and therefore do not claim:

• Education. RM 447-2020-MINEDU, which governed school enrolment, was repealed by RM 010-2026-MINEDU (article 1), which approved new enrolment rules. We have not checked here which documents those new rules require from a foreign student. Trade press reports that Migraciones accepts a carné de extranjería, a refugee-applicant card, a passport or another home-country ID document to enrol a foreign minor, but that list is not confirmed against the official rule.
• Recent changes. The immigration framework was checked up to December 2024. If you are reading this in 2026, check for later amendments.

What to do if you are treated differently for being foreign

If it is a public body — a hospital, a school, a municipality, a police station, Migraciones itself — the Defensoría del Pueblo takes complaints from anyone, free of charge and without a lawyer. If it is a private business, the route is the libro de reclamaciones and, for employment matters, Sunafil. If the problem touches your migration status — a fine, a departure order, a stalled file — find a lawyer before you sign or declare anything. Knowing the rule helps; it does not replace someone who knows your case.

If you have a child and a cross-border relationship

Families with a foreign parent or living between two countries should know about the Hague Convention on child abduction. See what to do if your child was taken abroad without your consent in international child abduction in Peru.

Are you a foreigner trying to understand a Peruvian family member’s passport?

If you have Peruvian children or a Peruvian partner, you may want to review Peruvian passport requirements, validity, and renewal, including the procedure for minors.

Do you hold, or could you get, another nationality besides Peruvian?

If you were born Peruvian and acquired another nationality, or you’re naturalizing as Peruvian while a foreigner, see how dual nationality works in Peru.