The Executive Branch officially enacted the New Nationality Law approved by Congress' Permanent Commission.
The law establishes the legal framework applicable to the procedures for obtaining, recovering, and renouncing Peruvian nationality, as well as the issuance of the corresponding nationality certificates, ensuring compliance with constitutional provisions and the supranational regulations ratified by the Peruvian State.
Thus, it regulates the legal, political, and social ties arising from Peruvian nationality, in accordance with the framework established by the Political Constitution of Peru, as well as the treaties, conventions, and agreements ratified by the Peruvian State.
According to the law, the following are considered Peruvians by birth:
a) Persons born in the territory of the Republic of Peru, regardless of their parents' nationality.
b) Persons born abroad who are children of a Peruvian parent by birth, registered in the corresponding civil registry, births section, at the nearest Peruvian consular office to the jurisdiction where the birth occurred, or in the civil registry in Peru, when applicable. This right is recognized only for descendants up to the third generation.
c) Children adopted by a parent who is Peruvian by birth.
d) Minors in a state of abandonment residing in the territory of the Republic, whose parents are unknown.
In order to exercise the rights to a name, identity, and Peruvian nationality, births must be registered in the Civil Registry, in accordance with the provisions of Law No. 26497, the Organic Law of the National Registry of Identification and Civil Status.
Foreign nationals may acquire Peruvian nationality by choice through the following modalities: naturalization, option, dual nationality, meritorious distinction, or qualified athlete.
The nationality certificate or registration of acquisition of Peruvian nationality is issued only through these procedures.
Nationality acquired by a naturalized father or mother is not transmitted.
Children born abroad prior to the parent's acquisition of Peruvian nationality may apply for nationality, in accordance with the modalities described in the new law.
All foreign nationals who acquire Peruvian nationality by choice shall have the same rights and obligations as Peruvians born in the national territory, except for the limitations established by the Political Constitution of Peru and by law.
The Peruvian State has the authority to grant Peruvian nationality to foreign nationals, establishing a special procedure created for this purpose based on the principle of specialty, outlining the general and specific requirements and conditions described in the new law and its regulations; the General Administrative Procedure Law (Law No. 27444) shall apply subsidiarily.
The granting of Peruvian nationality constitutes a sovereign act of the Peruvian State and may be denied on grounds of public interest, as established in Articles III and IV of the Preliminary Title of the new law.
The processing period for the procedures to acquire Peruvian nationality by choice, as well as for the renunciation and recovery of Peruvian nationality by birth, as provided for, shall have a maximum duration of 18 months.
Exceptionally, the period may be extended by an additional six months through a reasoned resolution issued by the body responsible for evaluating the procedure.
Procedures for acquiring and recovering Peruvian nationality that were initiated prior to the entry into force of the new law shall continue in accordance with the regulations in effect at the time of their submission.
Individuals holding a nationality certificate or registration issued but pending collection prior to the entry into force of the new law shall have a period of six months, counted from the sole request by the competent authority for their appearance and collection, with no intervention allowed by third parties or legal representatives.