Offshore Visa Reforms Implemented
October 20, 2020
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At a Glance
Key changes of the recently implemented reforms to Brazil’s offshore visa/residence permit category include:
- Relaxed eligibility criteria, which now includes any professional working on board a foreign flagged vessel or platform (previously only full-time crew members were eligible);
- Clearer guidance on quota requirements for companies operating international vessels or platforms in Brazil; and
- Formalized work authorization waivers for certain foreign nationals working offshore for up to 90 days.
The situation
A recently published resolution changes and regulates several requirements for offshore worker visas/residence permits in Brazil. Key changes include:
| New Rule | Prior Rule | Impact |
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Previously, only crew members performing full-time work on board the vessel or platform were eligible to apply. |
More foreign nationals can use the offshore visa or residence permit to work in Brazil. |
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The previous normative resolution did not expressly mention these requirements for the in-country application. |
In practice, the Ministry of Justice has been enforcing these requirements, so the recent decree officializes them. |
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Though foreign nationals were legally allowed to work offshore without a work permit for up to 90 days, in practice, Federal Police agents at the airport or ports exercised wide discretion for admitting foreign nationals or allowing them to embark with a visitor visa or business visitor status. |
The resolution officializes the work authorization exemption, reducing discretionary authority where foreign nationals meet the legal criteria. |
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Previously, a generalized quota was imposed on companies operating offshore, without any details or guidance on exceptions. |
Employers and foreign nationals should be aware that enforcement actions to verify compliance with quotas may increase. |
Background
- Purpose of visa. The offshore visa or residence permit is used by foreign nationals working exclusively offshore on a foreign flagged vessel or platform operating in the oil and gas industry in Brazil.
- Reason for clarifications. Following the November 2017 overhaul of the Brazilian immigration law, the government is still actively clarifying some processes. The reforms demonstrate the government’s effort to attract foreign investment and specialized labor into the oil and gas sector in the country while taking steps to also protect local jobs.
Looking ahead
The oil and gas sector in Brazil, a critical industry for Brazil’s economy, has been severely impacted by COVID-19.
Additional policy changes for the oil and gas sector in Brazil are likely forthcoming, with a Natural Gas Law currently under legislative review (and expected to be approved this year) aimed at increasing competition in the natural gas market 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]. Fragomen in Brazil is Fragomen Brasil Serviços de Imigração Ltda., operating exclusively as an immigration consultancy and not as a law firm in Brazil.
