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16 December 2011
The National Immigration Council has issued new regulations on work permits for foreigners. The move will affect foreign workers who are employed or transferred by a foreign entity for appointment as a local executive governed by Resolution 80/2008.
Under Resolution 96/2011, issued on November 23, only one extension may be granted to the foreign worker if requested 90 days before the expiration of the temporary visa, for up to two years. Moreover, if the extension of stay extends the foreigner's residence in Brazil to more than two years from his or her arrival in the country, the company will be required to enter into an indefinite employment contract with the worker.
Considering that the new rules reflect a change of status from temporary to permanent visa, rather than a mere extension, they focus on the worker's relationship with his or her local employer, since the extension requires him or her to continue the employment with the company that had applied for the first visa.
For further information on this topic please contact Cassio Mesquita Barros or Nadia Demoliner Lacerda at Mesquita Barros Advogados by telephone (+55 11 4502 4144), fax (+55 11 3289 6488) or email (email@example.com or firstname.lastname@example.org).
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Cassio Mesquita Barros
Nadia Demoliner Lacerda