New Guidelines Codify Dependents’ Visa and Work Booklet Processes

The situation

The Ministry of Labor in Brazil published new guidelines clarifying the dependent visa and work booklet process. All rules are effective immediately.

A closer look

The following are the main regulations issued:

• Dependent’s visa process. The new regulation defines the eligibility criteria for dependent status and specifies where dependents can file their visa applications. The rules allow more categories of individuals to qualify as a dependent.
  • Eligibility. The following are the rules for who qualifies as a dependent in Brazil:
    • Opposite-sex and same-sex legal spouses;
    • Opposite-sex and same-sex unmarried partners;
    • Children and grandchildren, regardless of their age;
    • Stepchildren regardless of their age who are financially dependent (or under 24 if they are studying in Brazil);
    • Stepchildren under 18 with no restrictions;
    • Brazilian children under legal guardianship without an age limit;
    • Parents and grandparents;
    • Siblings regardless of their age (or 24 if they are studying in Brazil); or
    • Siblings under 18 with no restrictions.
       
  • Where to apply. Applications can be filed at Brazilian consulates abroad or at the Federal Police in Brazil if the foreign national and dependents are in Brazil.
  • Previous rule. Previously, Brazilian consulates issued dependent visas, but the Federal Police only accepted applications from Permanent Visa holders or foreign nationals with a Brazilian child or spouse. Additionally, foreign nationals with a Temporary Visa could sponsor dependents by applying to the the Ministry of Justice, which involved a longer processing time.
  • Impact. The family reunification process has been standardized and more family members qualify as dependents.

• Work booklet process. Foreign nationals transferring to Brazilian payroll now have a standard process to obtain their work booklet, the document issued by the Ministry of Labor authorizing a foreign national to enroll in Brazilian payroll.
  • Previous rule. Previously, the requirements, process and time frame for work booklets varied depending on which Ministry of Labor office the foreign worker filed the application.
  • Impact. The work booklet process will not vary based on the filing location, creating a more consistent and predictable application process.
  • Delays. As the Ministry of Labor branches are implementing the new rules, work booklet applicants and their employers should expect temporary delays.

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].