Virginia, US

Sep 04 2018

Additional Guidance Issued Regarding Residence Authorization Renewal Eligibility

Brazil

The situation

The Brazilian Ministry of Labor has issued additional guidance concerning the residence authorization renewal process for foreign nationals who obtained their work or residence authorization either before or after the new immigration law went into effect on November 21, 2017.

A closer look

The residence authorization renewal options available to foreign nationals include the following:

  • Those who obtained work or residence authorization after November 21, 2017. These foreign nationals will be able to convert their work or residence authorization to an indefinite residence authorization when their two-year validity period expires.
    • Impact. Eligible foreign nationals will see a simpler conversion process as compared to the longer and more bureaucratic transformation to permanent residence under the previous law.
       
  • Those who obtained work or residence authorization prior to November 21, 2017. These foreign nationals will have to obtain a new work or residence authorization that valid for two years. They will only be able to apply for indefinite residence authorization when the two-year validity period of their new work or residence authorization expires.
    • Impact. These foreign nationals will need to wait longer to qualify for indefinite residence authorization as compared to those who obtained work or residence authorization after November 21, 2017.
       

Background

Fragomen has observed Brazilian immigration authorities utilizing their discretion in issuing various visas. As a result, Fragomen's practice is to review visa decisions on a case-by-case basis to ensure compliance with the terms of renewal associated with each visa.

Fragomen in Brazil is Fragomen Brasil Serviços de Imigração Ltda., operating exclusively as an immigration consultancy and not as a law firm in Brazil. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to Brazil@fragomen.com.