BRAZIL: Upcoming Changes to Work Visa Rules

There are set to be some significant changes to the rules and procedures for foreign nationals obtaining work visas in Brazil. The changes have been implemented by Decree 8757/16 which was published on the 11th May. The decree has not yet been fully implemented although we expect the changes to take place soon.

The new law makes official provisions that were previously applied through other instruments such as the Normative Resolutions and internal documents of certain departments of the government. This change provides more stability to the processes  that could previously be interpreted in different ways.

The major changes set out by the Decree are as follows:

Temporary visa

  • Vitem V work visas can now be obtained in any Brazilian Consulate rather than being restricted to the applicants local of residency;
  • Dependents of work visa holders who are 16 years and over will be able to work in Brazil;
  • A new visa will be created for research and innovation projects;
  • The National Council of Immigration can point “strategic professionals” and create simplified regulation to grant a work visa to those professionals – however, the definition of “strategic professionals” and the details of the new streamlined process have not yet been established.
  • It will now be possible to apply to the Ministry of Labour to change status post arrival from a business or student visa to a work visa; Tourist visas cannot be transformed to work visas.
  • It will now be possible to apply to the Ministry of Labour to change status post arrival from a tourist visa to a student visa;

Post arrival procedures

  • The protocol of registration at the Federal Police will now be considered as a valid identity document for a period of up to 180 days from the date of issuance;
  • Change of employer notifications will also be possible online to the Ministry of Labour, rather than to the Ministry of Justice;
  • The required notification of the change of the foreigner domicile to the Federal Police Department may also be communicated, preferably by digital means, in addition to other existing options.

Extension of period of Stay

  • Work visa renewal applications before in the jurisdiction of the Ministry of Justice and subject only to the manifestation of the Ministry of Labor, now have to be requested from the Ministry Labor and, if accepted, they are forwarded to the Ministry of Justice. The extension application process is now electron, rather than manual;
  • Extension of the period of stay, applications now can be accompanied by a copy of the travel document, rather than a certified copy.
  • Work visa extension applications will no longer require the employer to be responsible for the employee”s repatriation costs;
  • The proof of the extension application will grant the foreigner a legal status until the final analysis of the extension process.

It is important that companies employing foreign nationals in Brazil use the new online work visa renewal system. We will keep you updated with any further changes that take place.

For further questions regarding the changes mentioned above please contact us as enquires@newlandchase.com

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