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UPDATE - NEW BRAZILIAN IMMIGRATION LAW
19/Dec/2017
The government departments in Brazil (Labor Ministry, Justice Ministry, Affairs Ministry) are still working with new regulations and procedures to keep operating the immigration requests according to the new Decree 9.199. The information is coming slowly and in an incomplete way, this is the reason it's been challenging covering all the doubts and questions from expats and clients.
 
On Dec. 8th, 2018, the Labor Ministry published some regulations of some types of visas, but not all. Below, we are highlighting some news related to the Normative Resolution 01, 02, 03 and 04. Other types of visas are still pending regulations and some immigration procedures at the Justice Ministry as well.
 

Normative Resolution 01/2017 – General Procedures:

 

This Normative Resolution replaced the old one 104/2013 and its objective is covering general procedures of requesting residence authorizations to the Labor Ministry. On this new Resolution, the Labor Ministry brought some news, which are:

 

  • Document that proves the parents' names of the applicant, duly  legalized or apostilled and translated by sworn translator, except if the information is already contained in the travel document (passport);**
  • Criminal records issued by  the competent authority where the applicant has resided in the latest five years, duly legalized or apostilled and translated by sworn translator.*
  • Declaration of non-criminal records signed by the applicant*.

 

**In the previous regulation, those documents were presented at the Brazilian Consulate when the visa was granted. According to the current Normative Resolution, the Labor Ministry can exempt the presentation of those documents if a previous residence authorization is being requested (we understand that this exception applies to residence authorization requests for applicants who are not in the Brazilian territory and will wait overseas for the visa stamp after the approval).

 

  • The courtesy, visit, diplomatic or official visas may be transformed into residence authorization with a maximum validity residence authorization of 1 year.
  • The new resolution eliminated the possibility to the Labor Ministry approves the work visa and grant to the applicant 60 days to attach legalization/apostille of some documents.

 

Normative Resolution 02/2017 – Work with employment relations in Brazil:

 

This Normative Resolution replaced the old one 99/2012 and its objective is regulating the procedures for granting residence authorization with employment contract. On this new Resolution, the Labor Ministry brought some news, which are:

 

  • Some Different requirements for Professional Experience as below:

                  - Proof of Post-Graduation diploma with at least 360 hours of duration and 1 year of professional experience compatible with the activity he will perform at the Brazilian Company;  

                  - Proof of Bachelor's Degree Professional experience for at least 2 years;

                  - Proof of technical level education  professional experience for at least 3 years;

                  - Proof of 4 years of professional experience and minimum schooling of 12 years for occupation that does not require technical or college level;

            - Professionals that hold the title: Masters, Doctorate or College degree compatible with the activities that they will perform in Brazil are exempted from proving professional experience.

 

  • The new regulation excluded the possibility to exempt South American citizens from proving Professional Experience.
  • New Articles included to regulate Domestic Employees.

 

Normative Resolution 03/2017 – Technical Assistance or technology transfer in Brazil (with no employment relations):

 

This Normative Resolution replaced the old one 61/2004 and 100/2013, and its objective is regulating the procedures for granting residence authorization for technical assistance activities (technology transfer is not covered by this Normative Resolution). On this new Resolution, the Labor Ministry brought some news, which are:

 

  • Excluding the obligation to prove Professional Experience;
  • The validity visa is up to 1 year;
  • The old Normative Resolution 100 will no longer be effective. The technical visas that were granted for up to 90 days in the past directly in a consular department, will begin to be authorized by the Ministry of Labor which will analyze it in up to five business days and only after its approval the visa will be stamped at the Consulate/Embassy abroad (this notice between the Ministry of Labor and the Consular Department will occur electronically and immediately); This visa can be granted up to 180 days per immigration year.
  • The emergency technical visa (which configures imminent risk to the public safety or hazard to the life of people) will be request at the Labor Ministry and be analyzed up to two business days and only after its approval the visa will be stamped at the Consulate/Embassy abroad (this notice between the Ministry of Labor and the Consular Department will occur electronically and immediately).
  • The training plan is no longer necessary for technical assistance service.

 

Normative Resolution 04/2017 – Technology transfer:

 

This Normative Resolution replaced the old one 61/204 and its objective is regulating the procedures for granting residence authorization for technical activities based on technology transfer. On this new Resolution, the Labor Ministry brought some news, which are:

 

  • Excluding the obligation to prove Professional Experience;
  • The validity visa is up to 1 year;
  • The Training plan is required for the technology transfer activities.

 

 

More news will come in the next few weeks! We will keep you informed.

 

Written by Samar Jeradi

Operations Manager LARM Brazil

 

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