Further Details Released on New Immigration Law

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At a Glance

The Brazilian government has published additional normative resolutions that provide clarifying details on the new immigration law, including information on changes to visa types, change of status and employer applications, and document legalization requirements.

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The situation

Further normative resolutions have been published which outline the details of the immigration law introduced in November. Highlights of the resolutions are discussed below.

• Changes to major visa types.
  • Impact. The modifications to various visa types will relax many immigration laws and make it easier for foreign nationals to travel to and work in Brazil.
• More flexible visa issuance rule.
  • New rule. Foreign non-Mercosur nationals can now have their visa issued (after obtaining authorization from the Ministry of Labor), in or outside Brazil, depending on their location at the time of filing and the type of activities to be performed under the  visa.
  • Prior rule. Foreign non-Mercosur nationals could only obtain their visa at a consulate outside Brazil prior to entry.
  • Impact. Foreign nationals who obtain a visa in Brazil will see decreased visa application processing times. However, such applicants will be subject to significantly more documentation requirements.
• Longer notification deadline for change of employer applications.
  • New rule. Employers of foreign nationals who seek to change employers within the same corporate group need to notify the Ministry of Labor within 30 days of changing their employer.  
  • Prior rule. Employers of foreign nationals who sought to change employers within the same corporate group had to notify the Ministry of Labor within 15 days of changing their employer. 
  • Impact. Employers should update their administrative processes in line with the shorter notification deadline.
• Stricter legalized documentation rules.
  • New rule. All visa applicants must provide legalized documentation to the Ministry of Labor when they file their online visa application.
  • Prior rule. Previously, foreign nationals could submit their visa application without providing legalized supporting documents. In such a case, they would  need to submit a special request to the Ministry of Labor, called conditional approval, with their application. If the Ministry approved the request, the foreign national could submit legalized documentation to the Ministry within 60 days of online submission of their visa application.
  • Impact. Because the procurement process for legalized documents can be lengthy, foreign nationals should prepare their documents farther in advance of the visa documentation submission date.
• Significant filing fee increase. The government filing fee for all work visas has increased tenfold, from BRL16.93 to BRL168.13.

 

Looking ahead

Further information is expected regarding the family reunification policies. Fragomen will provide updates once this information becomes available.

Brazil: 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 [email protected].