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07 June 2013
The National Immigration Council has issued two new normative resolutions (103/2013 and 104/2013), both of which were published on May 17 2013 and entered into force on the same date.
Normative Resolution 103/2013 creates a new type of temporary work visa (VITEM V) for foreigners enrolled on a master's, doctorate or postgraduate course with an educational institution abroad who wish to work in Brazil with a Brazilian company during their holidays.
This type of visa will be granted only following submission of:
The work visa may be granted for up to 90 days and cannot be extended.
The application for work authorisation must be filed with the Ministry of Labour and Employment. Once the authorisation has been issued, the visa must be collected from a Brazilian consulate abroad.
Normative Resolution 104/2013 adopts new rules for the examination and grant of applications for work authorisation for foreigners.
According to the new resolution, the documents to be included in an application must be submitted digitally where possible. It will also not be necessary to resend the same documentation in subsequent applications, unless this documentation has become outdated.
The requirement to obtain a signature from a notary public on signed documents will now apply only if this is expressly required by law and will no longer apply as a general rule.
Moreover, the general immigration coordinator is now authorised to grant a term of up to 60 days for submission of legalised foreign documents and translations of these documents. This will not jeopardise the analysis of the application for work authorisation. However, if such documents are not submitted within this 60-day period, the work authorisation will be cancelled.
A clause will be inserted into the template labour contract issued by the Ministry of Labour and Employment stating that the contract must start within 30 days of entry into Brazil on the applicable work visa. As a result, a foreigner will no longer need to be registered as an employee of the Brazilian company on the first day after his or her arrival in Brazil - the company will have a term of 30 days to do so.
The provisions regarding the cancellation of work authorisations have also been amended. Under the new resolution, if a company applies for a work authorisation for a foreigner, but he or she is already in possession of another (valid) work authorisation with another company, the 'old' work authorisation will be cancelled automatically on approval of the application for work authorisation from the new company. However, if the new application for work authorisation is filed by the same employer, it must first request that the existing work authorisation be cancelled.
Applications for cancellation of work authorisations must be submitted electronically. Furthermore, the decision on such cancellation applications no longer needs to be published in the Official Gazette.
The new resolution maintains the requirement that a letter of homologation from the Central Bank must be submitted for applications for a permanent visa for a foreign director, legal representative for a financial institution or similar. For legal representatives of foreign companies operating in air transport and ancillary services, the sponsor of an application for work authorisation must now submit a public power of attorney granting powers to the foreigner, and a homologation letter for the representative in Brazil or his or her substitute issued by the National Agency of Civil Aviation.
Normative Resolution 104/2013 revokes Normative Resolution 74/2007, which previously regulated the procedures for the examination and grant of applications for work authorisation for foreigners.
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 (firstname.lastname@example.org or email@example.com).
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