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29 November 2013
In accordance with Federal Law 6.815/80, the dependants of the holder of a temporary work visa do not have the right either to work in Brazil or to receive any kind of remuneration. Therefore, as most spouses of foreign nationals with temporary work visas do not apply for their own work visas because of the formalities involved, they decide to stop working once they arrive in Brazil.
However, as most of these spouses had a professional career before coming to Brazil, this situation can cause some disappointment. Some HR specialists have noted that a spouse's disappointment in such a situation can reflect directly on the expectations of the holder of the temporary visa regarding his or her transfer to Brazil. Furthermore, in some cases it jeopardises his or her professional success in Brazil.
Transferring an employee to Brazil or to another country involves significant investment on the part of the company responsible for the transfer – both the company and its employee therefore wish the time spent in Brazil to be as fruitful as possible.
In response to such matters, in December 2012 the government created a new rule that introduces a special procedure for granting work visas to spouses of holders of temporary work visas who wish to work in Brazil. This procedure has fewer formalities than an application under the former procedure.
However, there are unfortunately two negative aspects of this special type of work permit application. First, the spouse of the holder of the temporary visa must be invited by a Brazilian company before applying for authorisation to work in Brazil. Second, a work visa granted to the spouse of a holder of a work visa will be linked to the holder's visa. This means that if the holder's visa is cancelled or expires, his or her spouse's work visa will also be affected.
As the rule has been in place since December 2012, its impact on Brazilian companies can now be assessed. Since its introduction, several companies in Brazil have redeveloped their foreign national transfer policies based on the new rule. These policies include plans and assistance for the candidate's spouse also to work in Brazil and maintain his or her professional career.
Companies and their HR departments believe that such actions will increase the satisfaction of their foreign national employees on their transfer to Brazil, allowing foreign nationals to focus more on their work in Brazil, thereby increasing the benefits of such expatriation for all parties.
For further information on this topic please contact Rene Ramos or Guilherme Dias at EMDOC by telephone (+55 11 3405 7800), fax (+55 11 3405 7868) or email (email@example.com or firstname.lastname@example.org). The EMDOC website can be accessed at www.emdoc.com.
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