In November 2017 the new Immigration Law, which is regulated by Decree 9199/2017, came into force. Later in the year, the Brazilian Immigration Council issued Resolution 6/2017 in order to align its policies with the Immigration Law. By introducing the new resolution and the changes to the guidelines set out in the regulatory decree, the Immigration Council has amended the rights of immigrants who work on board foreign vessels or platforms in Brazil.
The National Immigration Council recently published a new normative resolution that introduces important rules regarding family reunion immigration issues and visa requests based on civil unions (ie, between unmarried partners, including same-sex partners). According to the new resolution, the competence for granting visas based on a civil union has shifted from the council to Brazilian consulates abroad.
The National Immigration Council recently published a new administrative rule, which introduces an electronic system for processing work permit applications. The purpose of the electronic system is to reduce the timeframe for granting a work permit by 40%, in line with the council's intention to modernise immigration procedures and make Brazil more attractive to foreign investment.
In December 2012 the government introduced a special procedure for granting work visas to those spouses of holders of temporary work visas that wish to work in Brazil. One year on, the impact of the new rule on Brazilian companies has now been assessed. Since its introduction, several companies in Brazil have redeveloped their foreign national transfer policies based on the new rule.
Foreign nationals who intend to have managerial powers at a Brazilian company must hold a permanent visa. In order to obtain such visa, the foreign investor must invest at least R600,000 in the Brazilian company that is requesting the work permit. Furthermore, the company's corporate records must demonstrate the appointment of the foreign national as one of its managers, duly registered with the Board of Trade.
Many foreigners planning to enter Brazil - as well as those already in the country on a 'tied' temporary or permanent visa - wish to open their own business in order to enjoy fully the economic opportunities available in the country. However, if a foreigner wishes to set up his or her own company in Brazil without being dependent on a Brazilian company, he or she must first obtain a permanent visa as an investor.
The National Immigration Council recently issued two new normative resolutions. The first creates a new type of temporary work visa for foreigners enrolled on a further education course with an institution abroad who wish to work in Brazil with a Brazilian company during their holidays. The second adopts new rules for the examination and grant of applications for work authorisation for foreigners.
The National Immigration Council recently published a resolution that 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, under certain circumstances. The measures will benefit Brazilian companies that need foreign workers for a short period of time.
While many companies wish to participate in the major upcoming sporting events that will be held in Brazil over the next few months and years, only a few have studied the immigration legislation pertaining this matter. A new resolution has therefore been introduced to govern this issue. The most time-consuming requirements for work visa applications have been waived by the resolution.
The Ministry of Foreign Affairs recently posted a statement announcing that the governments of Brazil and Mexico have decided to reintroduce the Agreement on the Exemption for Short-Term Visas for Common Passports. The agreement allows Brazilian and Mexican nationals to pass from one country into the territory of the other without a visa for periods of up to 90 days from the date of entry.
Brazilian employees transferred to parent companies abroad remain entitled to certain local statutory rights. In a recent case the Superior Labour Court held a company liable for payment of costs of transfer, plus annual leave and bonuses, during the international assignment of a Brazilian employee.
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. In effect, the new rules reflect a change of status from temporary to permanent visa.
In the past, the statutory employment rights of Brazilian employees who transfer abroad from a local company have been unclear. With the introduction of Law 11962/2009, such rights have been extended to workers across all economic sectors, in conflict with Supreme Labour Court precedent. Following a recent judgment, the court is expected to review the precedent to bring it further into line with the law.
New regulations on work permits for foreigners increase the investment necessary for a foreign entity that wishes to procure a visa for the employment of local managers, directors or executives with management powers in Brazil. In addition, a recent labour court decision confirms that foreigners terminated amicably after being hired locally for companies within the same economic group are entitled to repatriation costs.
Procedures for professional work permits have recently been eased. The Labour Ministry has published a resolution allowing foreign students or recent graduates to apply for a professional exchange work permit; while the National Immigration Coordinator has clarified the operational procedures for companies requiring visas and work permits for foreign technicians.
The Ministry of Employment has introduced a new application procedure for the issuance of foreign work permits. All applicants for work permits must now pre-register through the Ministry of Employment's website. It is hoped that this will simplify and speed up the process. A recent case also suggests an important trend in relation to the courts' jurisdiction to rule on work permits and employment disputes.
Interns, other unpaid foreign trainees, holders of scholarships receiving professional training in Brazil and trainees in the operation or maintenance of equipment or machines made in Brazil must now fulfil additional requirements when applying for visas, as set out by two new resolutions issued by the National Immigration Council.
The Ministry of Labour and Employment recently issued Normative Instruction 84, which provides for the enforcement of statutory severance payment contributions on expatriates' salaries that are paid locally or according to the foreign payroll during international assignment programmes.
Including: Types of visa; Technical assistance contracts; Administrators and managers; Individual investors; Application procedures, documents and deadlines; Expatriate employment contracts.