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Brazil: Digital Nomad Visa Introduced

January 24, 2022

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  • BrazilBrazil

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At a Glance

  • Brazil introduced a one-year digital nomad visa which offers foreign nationals who are employed outside Brazil or who provide services outside Brazil the option to reside in and work remotely from Brazil without local employer sponsorship.
  • However, the visa does not allow foreign nationals to perform local work in Brazil.
  • Eligible applicants must have a minimum monthly income of USD 1,500 or an available bank balance of USD 18,000 from sources outside of Brazil.
  • The visa has been officially implemented, but the government may take a few days to begin processing applications.

The situation

The Brazilian government has published a resolution creating a Digital Nomad Visa.

A closer look

  • Description of visa. The visa allows foreign nationals who are employed outside Brazil or who provide services outside Brazil to reside in and work remotely from Brazil, without local employer sponsorship.
  • Duration. The visa will be granted for up to one year, renewable for the same period if the applicant continues to meet eligibility criteria (including a clean criminal record).
  • Economic activity requirement. Foreign nationals must be able to continue their economic activity abroad through information technology channels. They must submit a declaration to this effect.
  • Sufficient funds. Applicants must earn a sufficient minimum income according to government regulations. They must be able to prove the income comes from sources outside of Brazil through an employment or services agreement or similar documentation.
  • Other requirements. Applicants must hold private medical insurance valid in Brazil and submit a criminal clearance certificate from their country of origin, among other documents.
  • Process. The Digital Nomad Visa can be obtained either through a consular process or in country. It can take the government up to four weeks to process visa applications.
  • Dependents. It is not yet clear if foreign nationals are able to sponsor dependent family members under this visa as there is no information in the resolution regarding dependents.  
  • Implementation. Although the visa has been officially implemented, the government may take a few days to begin processing these applications.  

Impact

  • Working remotely. The visa offers foreign nationals an option to work remotely from Brazil, whereas other visa options in Brazil either require company sponsorship or an investment in Brazil, are nationality-based, or do not automatically confer work authorization.
  • Local work restricted. Digital Nomad Visa holders cannot perform local work in Brazil, either with or without an employment relationship.

Background

  • Economic recovery. Due to the unprecedented flexibility in work location that has emerged from the COVID-19 pandemic, Brazil is seeking to attract visitors to increase local economic activity. 
  • Remote work visa warning. In countries where remote work is unregulated, workers and employers may unknowingly put themselves at risk of noncompliance with many aspects of the law, exposing them to possible fines or other penalties, depending on the country. Importantly, noncompliance with regulations could result in employers losing their rights to hire foreign labor. Additionally, this type of work arrangement may have employment or tax law impacts. It will become increasingly important as such policies are developed (and in many countries where remote work is unregulated) for employers to analyze strategies and assess risks associated with implementing and/or continuing remote work policies with a trusted immigration partner.

Looking ahead

  • Transition period.Additional details of the Digital Nomad Visa are expected in the next few days as the Ministry of Justice implements the new process.
  • Global outlook.As the non-traditional workforce grows and countries focus on post-COVID-19 economic remobilization, more governments will likely start to slowly adapt and update remote work policies. Fragomen will report on related developments.

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]. Fragomen in Brazil is Fragomen Brasil Serviços de Imigração Ltda., operating exclusively as an immigration consultancy and not as a law firm in Brazil.

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  • BrazilBrazil

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