21 December 2017

BRAZIL: New Immigration Normative Resolutions are published

On 8 December, 2017 Brazil’s new immigration law was clarified with the publication of 12 normative resolutions for implementation.  The resolutions establish various categories and subcategories for those requesting Brazilian residence in order to work.

Some key changes are highlighted below.

For foreign workers who have a labour contract with a Brazilian company, the resolution provides additional scenarios in which applicants can prove their academic background or professional experience:

•   Technicians must prove 3 years experience
•   Undergraduates, without a university diploma, must prove 12 years of regular study and 4 years of professional experience
•   Artists or professionals involved with cultural or similar activities must prove 3 years professional experience

Technical work visas will be valid for either 180 days or 1 year and require residence authorization from the Ministry of Labour prior to the visas being granted by the Brazilian Consulate.  The timeline for approval of visas valid for 180 days should be within 5 days or in emergency cases, within 2 days.

“Transfer of Technology”, a new category introduced which is separate from regular technical work visas, cover scenarios in which foreign nationals intend to transfer knowledge to local Brazilian employees according to a training plan which needs to be presented to the Ministry of Labour.  This visa would be valid for 1 year and allows the foreign national to work at multiple work sites.

Government imposed processing fees were significantly increased from 16.93 BRL to 168.13 BRL (approx. US$ to US$51) for all temporary visa applications submitted to the Ministry of Labour.

Maritime professionals staying in Brazil exceeding 90 days will need a residence authorization granted by the Ministry of Labour.  Crew members with a valid “Seamen’s Book” planning to work in Brazil aboard foreign vessels operating in Brazilian waters do not require a residence authorization prior to visa issuance.  Further, maritime professionals will be permitted to work on different vessels simultaneously.

Residence renewal procedures are yet to be detailed in future regulations.

The normative resolutions implementing the new Brazilian immigration law provide much needed clarity for the legality of future work visa applications at the Ministry of Labour, which had been interrupted since 21 November, 2017.

Team Relocations will continue to update processing times and procedures as more information becomes available.

How does this affect the client?

The transition period remains in effect and all visas granted under the old immigration law will remain valid until their expiry date.  This includes all pending work authorization applications submitted prior to 21 November with the Ministry of Labour.


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