Brief Summary of Immigration Law – ELA 2010
Brazil
Substance of Immigration Eligibility
Among the different types of visas issued by the Brazilian immigration authorities, the visas that allow foreign individuals to work in Brazil are mainly associated with the activities that the foreigner will develop in Brazil, as requested by a Brazilian employer or the party contracting his/her services.
In these cases, foreign citizens’ permissions to live and work in Brazil are contingent, at least for a certain time, on the development of the activities for which the visas were requested in the first place.
However, in some other situations foreigners can legally work in Brazil whether because they have a Brazilian spouse or Brazilian children, or because of International Residence Agreements between Brazil and their countries.
The most common work visas that allow foreigners to work in Brazil are the following:
1.Managers’ permanent visa: Requested by a Brazilian employer and appropriate to foreigners who will occupy management positions in Brazil, as an employee or a non-employee, and are duly appointed in the Brazilian company's articles of association as its manager with powers to sign documents on behalf of such Brazilian company.
To obtain such permanent visa the Brazilian company and the employee must fulfill some requirements; among them is important to mention that a foreign investment must be made in the Brazilian company, as follows:
(i) two hundred thousand dollars (US$ 200.00.00) per permanent visa, evidenced by an electronic report on the foreign currency registration with the Central Bank of Brazil; or
(ii) fifty thousand dollars (US$ 50.000.00) per permanent visa, and in such event, 10 new jobs must be created in a 2 years’ period from the date the manager enters the country.
2.Investors’ permanent visa: another type of permanent visa that a Brazilian company may request, but in this case the foreigner must be appointed the company’s partner. In this event, it is necessary to prove that an investment of at least one hundred and fifty thousand Reais (R$ 150,000.00 – about US$ 90,000.00) was made in the Brazilian company per investor.
In addition, there are other aspects that the immigration authorities will take into consideration, such as: (i) the company’s corporate purpose; (ii) jobs that will be generated in Brazil, among others.
3.Family-related permanent visa: Granted to foreigners who have Brazilian relatives (spouse, children, parents, brothers, etc). The foreigner usually has to prove his/her ties of kinship with the Brazilian citizen, and after such information having been confirmed, the permanent visa is granted, allowing the foreigner to work in Brazil as if he/she were Brazilian citizen.
4.Temporary visa with employment agreement (so-called "temporary visa item V"): Requested by a Brazilian employer, and granted to foreigners who will be hired as employees in Brazil, to hold positions that do not involve management. Thus, foreigners holding temporary visa "item V" are not allowed to sign contracts, checks or other documents on behalf of the Brazilian Company.
To obtain such permanent visa the Brazilian company and the employee must fulfill some requirements, among which is important to mention that (i) an employment agreement must be executed between the Brazilian Company and the foreigner; (ii) evidence of the foreigners’ educational and professional background compatible with the functions to be developed in Brazil is produced, among others.
This visa is valid for two years, renewable for an additional two years’ period, and may be later transformed into a permanent visa.
5.Technician visa, without employment agreement with Brazilian Company: Requested by a Brazilian company, and granted to foreign individuals who will be sent to Brazil on a temporary basis to provide transfer of technology, or technical assistance services resulting from a services agreement executed between a Brazilian Company and a foreign company, provided that the company and the employee fulfill some specific requirements:
(i) the foreigner will not receive any remuneration from the Brazilian Company;
(ii) the company must prove that the foreigner has at least a 3 years’ professional experience in such activities;
To apply for such type of visa, the foreign individual must have an employment agreement with the foreign company with which the Brazilian company executed a services agreement.
This visa will be valid for up to one year, renewable for the same period it was first granted (usually they are granted for 90 days or one year). The visa validity will greatly depend on the nature of the services to be rendered in Brazil, that is, how long it will take for the services provision to be completed.
To apply for such visa, the Brazilian company must present to the immigration authorities the services agreement and also the training program to be provided to the Brazilian team to justify a longer validity period.
6.Citizens of Mercosur countries (Argentina, Uruguay and Paraguay), as well as Chile and Bolivia: Mercosur countries (including Brazil), as well as Chile and Bolivia entered into an agreement under which all their citizens, including their relatives, may obtain a permit for temporary residence in any of the Mercosur countries, and consequently will have the same rights as those of the nationals of the country where they will live, including right to work.
These foreign citizens are not required to apply for work visas, provided that they obtain beforehand permission to live in Brazil, based on proof of nationality, and fulfill all other requirements set forth in that agreement executed by the countries (criminal records, etc).
This residence permit must be requested at the Brazilian embassy at the foreigner’s home city, and is initially granted for two years, but may be later granted on a permanent basis upon the foreigner’s request to be submitted 90 days before the first permit expiration.
7.Business visa: Granted to foreigners who intend to come to Brazil to participate in meetings, seminars, fairs, etc. Usually granted for 90 days, they may be renewed for an additional 90 days’ period. Foreigners holding this type of visa cannot work for a Brazilian company.
Time required for approval
Visas requested by Brazilian companies (managers’ and investors’ permanent visa, temporary visa with employment agreement and technician visas) as well as family-related permanent visa usually take from 30 to 45 days to be granted, as from the presentation of the documents proving the fulfillment of their requisites.
Residence permits to citizens of Mercosur countries (Argentina, Uruguay and Paraguay), as well as Chile and Bolivia are granted immediately if granted in Brazil.
For immigration-related questions in Brazil, please contact:
Renato Canizares
Demarest e Almeida Advogados
Av. Pedroso de Morales 1.201
Pinheiros Centro Cultural Ohtake
Sao Paulo - SP, 05419-001
Brazil
P: +55 11 3356-2173
SP# 6982691 v1