Further to the announcement of the new immigration lawsin Brazil on 21 November 2017, the Ministry of Labour has released guidelines to provide clarification on this. Twelve key resolutions have been confirmed which establish categories for foreign nationals seeking to enter Brazil for work purposes. Below is a summary of the key changes noted in the resolutions.
- Visit visas can now be converted into residence permits which includes work authorisation.
- Birth certificates and police record certificates (which cover a period of five years, previously one year) which are legalised or apostilled and translated by a certified translator, are required for in-country residence permit applications.
- Foreign nationals who have an employment contract with a Brazilian company have to meet the following criteria to be eligible for a residence permit:
- Technicians - must prove 3 years of experience.
- Undergraduate professionals (without a university diploma) – must prove 12 years of study plus 4 years of experience.
- Artists or professionals involved with cultural or similar activities – must prove 3 years of experience.
- Technical work visas will have a validity duration of either 180 days or 1 year and require a residence authorization from the Ministry of Labour before the visas will be granted by the Brazilian Consulate. Visas valid for 180 days should be approved within five days by the ministry and emergency cases should receive approval within two days.
- The Technology Transfer Visa is a new category and separate from the regular technical work visa. This covers scenarios in which a foreign national will transfer technical knowledge to a local Brazilian employee according to a formal training plan. This visa has a validity duration of 1 year.
- Government processing fees have been increased from 16.93 reals to 168.13 reals (from about GBP 3.73 to GBP 38.05) for all temporary visa applications.
- Requirements and processes for renewal application will be outlined at a later date.
The transitional period from the old immigration law in Brazil currently remains in effect. As such, all visas granted under the previous law will maintain their validity until their expiration date. Any pending work permit applications submitted before 21 November 2017 will continue to be processed under the old law.