More Guidelines Regulating New Immigration Law Published

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Executive Summary

The Ministry of Labor has released the second set of guidelines providing detailed information regarding the new immigration law that was implemented on November 21.

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The situation

The normative resolutions released by the Ministry of Labor today outline requirements for the next set of eleven immigration categories within the new immigration law implemented on November 21, 2017.

This is the last set of resolutions outlining the visa types but more are expected regarding change of status, family reunion and renewal rules, among other policies.

A closer look

The normative resolutions cover information on the below immigration categories:

• Visa for foreign (individual) investors (valid for indefinite duration);
• Visa for religious activities (valid for up to one year);
• Visa for volunteer services (valid for up to one year);
• Visa for artistic and sporting activities with employment contract for a term more than 90 days;
• Visa for newspaper, magazine, radio, television or news agency foreign correspondents (valid for up to two years);
• Visa linked to economic group whose head office is Brazilian (valid for up to two years);
• Visa for trainees (valid for up to two years);
• Visa for foreign scientists, teachers and researchers in Brazil for more than 90 days (valid for up to two years);
• Visa for foreign professional athletes (valid for up to 5 years);
• Visa for crew members of a foreign fishing boat leased by a Brazilian company in Brazil for more than 90 days (valid for up to two years); and
• Visa for special cases and other contingencies not provided by law (valid up to two years).

 

Processing status

Since the last alert on this topic, the following is an update on visa issuance and registration processing:

• Visitor and Work visas. Most Brazilian consulates are issuing Visitor and Work Visas, however applicants should contact their immigration professional for more information since this depends on the location.

• Work authorization. The Ministry of Labor is accepting work authorization applications.

• Police registration.

  • Federal Police Registrations for Work Visa holders are now being processed in all cities.

  • Some Federal Police branches are still experiencing delays due to the transition.

  • Foreign nationals who could not complete Federal Police Registration during the transition period will not be fined for not completing their registration within 90 days of arrival, per the new law.

• Consular websites. Not all Brazilian consulates have updated their websites with the new rules and document lists. Therefore, applicants should contact their immigration professional to discuss the requirements prior to applying.

Looking ahead

Fragomen is reviewing the new set of normative resolutions and will provide further details shortly.

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].