Additional Normative Resolutions Published Clarifying New Migration Law

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At a Glance

The Ministry of Labor has published two additional Normative Resolutions clarifying portions of the migration law released last November. One of the Normative Resolution introduces a new list of documentary requirements for residence authorization renewals. The other introduces a new set of rules regarding temporary visas for foreign nationals without employment offers in Brazil based on an International Cooperation Agreement.

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The situation

The Ministry of Labor has published Normative Resolutions clarifying certain parts of the migration law introduced in November 2017.

Residence authorization renewals

• Clarifying details. One Normative Resolution provides the list of documents that all foreign nationals must present to the Ministry of Labor to renew residence authorizations where a renewal is allowed under the law, in addition to the requirements that are specific to each visa type, as listed in the Normative Resolution:
  • Application form;
  • Power of Attorney;
  • Documents proving legal representative status;
  • Copy of the RNM/RNE Card (Brazilian identification card); and
  • Foreign national’s signed declaration stating there is no criminal record.
• Processing time. This Normative Resolution states that the Ministry of Labor must process residence authorization renewals within 30 days of the date of submission of the application, which is the same processing time as most other visa types.
• Impact. This document list is shorter than the documents required under the former transformation process. The new residence authorization process focuses on the foreign national’s work conditions.
• Background. According to the former migration law, foreign nationals living in Brazil under a temporary visa for work purposes had to file a visa extension to be able to extend their stay in Brazil or to convert this visa type into a permanent visa. After the release of the new migration law, the permanent visas and the visa transformation procedures no longer exist. Most residence authorizations can now be approved for up to one or two years and can be extended or converted into an indefinite-period residence. Overall, the streamlined residence authorization process makes the residence extension and conversion into an indefinite-period residence process faster than the former visa transformation process.  

 

Temporary visa for work purposes without employment based on an International Cooperation Agreement

• Clarifying details. This Normative Resolution was published with the one above and clarifies document requirements for a temporary visa and residence authorization for work purposes without a sponsoring employer based on an International Cooperation Agreement.
• Impact. Most foreign nationals entering Brazil will not be using this visa type since they will be employed in Brazil.

 

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