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10 May 2013
On April 24 2013 the National Immigration Council published Normative Resolution 100/2013, which reduces the steps for acquiring a 90-day technical visa.
According to the resolution, it will become possible for Brazilian consulates abroad to issue VITEM V (work) visas to foreign nationals who wish to work in Brazil in order to transfer technical knowledge or to provide technical services due to a contract, cooperation agreement or covenant signed between the foreign and Brazilian legal entities.
The foreign national will not have an employment relationship with the Brazilian company on behalf of which he or she performs activities. The visa may be granted for up to 90 days, but cannot be extended or converted into a permanent visa. In addition, the visa can be issued only once for every period of 180 days for the same foreign national.
In order for this visa to be granted, an invitation letter from the Brazilian company must be submitted, demonstrating the link between the foreign national and the service to be rendered in Brazil, as well as proof of inscription of the Brazilian company with the taxpayer register.
The Ministry of Labour and Employment can request that the Ministry of Justice cancel a visa if:
The new resolution revokes Article 6 of Normative Resolution 61/2004. Under the new resolution, technical visas for 90 days may be granted by the Brazilian consulates abroad without involvement of the Ministry of Labour and Employment.
The new rules entered into force on May 9 2013 and will benefit Brazilian companies that need foreign workers for a short period of time.
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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