On 14 October 2020 the National Immigration Council (CNIg) published Normative Resolution 42 amending Normative Resolution 06/2017, which regulates the grant of a residence permit for work purposes without an employment relationship in Brazil for seafarers on board vessels or foreign-flagged platforms.

The new resolution provides an extensive definition of maritime workers, either crew or non-crew, detailing the category in subdivisions according to the work sections on board (ie, deck, machine, room services and health) and officers and ratings. Definitions for non-crew professionals and non-sea crew members have also been included. The proportionality rules between foreign and Brazilian nationals on vessels have also been modified, taking into account these definitions.

For offshore vessels, the proportionality rules are as follows:

  • After 90 days of operation, the vessels must have one-third of Brazilians in the deck and engine sections, with the respective fraction being observed in each section and each set of officers and ratings. The same parameter applies to the total number of other professionals on board the vessel.
  • After 180 days of operation, half of a vessel's crew must be Brazilian nationals, observing the same application rules mentioned in the previous bullet.
  • After 360 days of operation, two-thirds of a vessel's crew must be Brazilian nationals, observing what was stated in the previous bullets.

In cabotage, the proportionality rules are as follows:

  • After 90 days of operation, one-fifth of a vessel's crew must be Brazilian nationals in the deck and engine sections, with the respective fraction being observed in each section and each set of officers and ratings. The same parameters apply to the total number of other professionals on board the vessel.
  • After 180 days of operation, one-third of a vessel's crew must be Brazilian nationals, observing the same application rules mentioned in the previous bullet.
  • After 360 days of operation, two-thirds of a vessel's crew must be Brazilian nationals, observing what was stated in the previous bullets.

The resolution came into force on the date of its publication.