Re: [lac-discuss-en] [At-Large] New Brazilian Immigration Law (No. 13, 445/2017)

Obrigado, Vanda.

Javier Rúa-Jovet

+1-787-396-6511
twitter: @javrua
skype: javier.rua1
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> On Sep 15, 2017, at 1:58 PM, Vanda Scartezini <vanda@xxxxxxxxxxxxxx> wrote:
> 
>  If anyone interested or know someone interested,  here the new Brazilian 
> Immigration Law 
>  All the best and welcome! 
> Vanda Scartezini
> Polo Consultores Associados
> Av. Paulista 1159, cj 1004
> 01311-200- Sao Paulo, SP, Brazil
> Land Line: +55 11 3266.6253
> Mobile: + 55 11 98181.1464 
> Sorry for any typos. 
> 
>  
>  
> 
> 
> New Brazilian Immigration Law (No. 13,445/2017)
> 
> Simplified provisions for foreign investors and workers (Visa)
> New legal situation as of November 2017
> 
>  
> The current Brazilian Immigration Law, also known as “Estatuto do 
> Estrangeiro” (Law No. 6,815/80), which was put into force under the military 
> dictatorship in 1980, has perceived immigration as a threat rather than an 
> enrichment. Many difficulties were imposed to foreign workers and investors, 
> considering the country’s concern about the protection of its internal labor 
> and market force. This law is strongly restrictive in the question of 
> immigration, and thus promoted a protectionist labor market policy which made 
> the participation in the Brazilian market by foreign labor and investors more 
> difficult.
> 
> A new immigration law (Law No. 13,445/2017 – “New Law”) passed and will enter 
> in force as of November 22, 2017.
> 
> A modern migration law was created, being much more open to foreigners who 
> intend to work and do business in Brazil. A summary of some important changes 
> is made hereby, especially regarding the issuance of visas.
> 
> This move towards a welcoming environment of immigration also makes it easier 
> for foreign workers and investors to participate in the Brazilian economic 
> market.
> 
> Our Foreign Investment and Employment team is accompanying the implementation 
> of the New Law by Brazilian authorities closely. We will be happy to assist 
> you with any issue that arises.
> 
> 
> The path for the New Law to come into force
> 
> In the coming weeks and months, administrative regulations will be drawn up 
> by the authorities. Prerequisites shall be laid down regarding the period of 
> validity, the permissible activities, the application requirements and the 
> renewal or extension for the new visa categories and the residence permit.
> 
> New rules are also expected to govern the situation of foreigners who entered 
> Brazilian territory under the current law.
> 
> In practice, detailed ruling of the New Law shall be produced by variety of 
> government agencies, under the auspices of the Ministry of Foreign Relations, 
> the Ministry of Justice and the Ministry of Labor.
>  
> 
> Visa types and residence permit
>  
> The most noticeable changes are:
> 
>      (i)  Restructuring of the existing visa categories – there are 5 types 
> of visa under the New Law: visit visa, temporary visa, diplomat visa, 
> official visa and courtesy visa;
> 
> 
>     (ii) Institution of a residence permit (“Residence Permit”), to be 
> granted to all visa holders, except for holders of visit visas. Visit visa 
> holders that change the nature of their stay may also apply for a Residence 
> Permit, which shall then substitute the visit visa;
> 
>  
> I. Visit Visa
>   
> Applicable for business travel, tourism, transit and other short-term 
> activities. Activities expressly included herein are business meetings, 
> conferences, seminars, lectures, sales talks and market surveys.
>  
> No paid activity may be exercised by the foreigner that holds a Visit Visa.
>  
> The conversion of the Visit Visa into a Residence Permit (while the foreigner 
> is inside the Brazilian territory) is expressly allowed. 
> 
> Visa duration rules are set by additional provisions and must correspond to 
> the criterion of reciprocity with the country of origin of the foreigner 
> (including a visa waiver when applicable).
>  
>  
> II. Temporary Visa
>  
>  Unlike the former available specific work visa, a temporary visa applies to 
> virtually all employment-related types of immigration, whether under a 
> domestic or foreign employment contract.
>  
> Temporary visa granting conditions are, among others, activities of research, 
> teaching, further education or study, vacation work, investment or activities 
> with economic, social, scientific, technological or cultural relevance and - 
> family reunion.
>  
> Furthermore, a temporary visa will be granted to a foreigner that proves to 
> have agreed an employment contract with a legal person resident in Brazil, 
> even before this agreement starts. Foreigners with a university or equivalent 
> degree may even get a temporary visa without an employment contract agreed 
> upon.
>  
> Furthermore, students, researchers, humanitarian, voluntary and religious 
> workers or patients for a medical treatment are also eligible for a temporary 
> visa.
>  
>  
> III. Diplomatic, Official and Courtesy Visa
>   
> These visas are issued to foreign envoys and officials residing permanently 
> or temporarily in Brazil to represent another state or recognized 
> international body. These individuals must be remunerated by a foreign state 
> or an international organization and are  not subject to Brazilian labor law.
>  
> Diplomatic and official visas can be extended to family members who are then 
> allowed to work. Family members working shall be subject to Brazilian 
> employment law, if reciprocity of such rights is granted to Brazilian 
> nationals in their country of origin.
>  
> A private employee who works for a holder of a diplomatic/official/courtesy 
> visa is also eligible for a courtesy visa himself and his employment 
> relationship will be subject to Brazilian labor law. The employer is fully 
> responsible for the departure of the foreigner from Brazil upon the end of 
> the employment.
>  
> Holders of a diplomatic or an official visa can convert this into a Residence 
> Permit, with the loss of all privileges and immunities that had been 
> previously granted.
>  
>  
> IV. New Residence Permit / Two-stage system
>  
>  The New Law allows the granting of a Residence Permit in Brazil to the 
> holders of temporary, diplomatic, official and courtesy visas. The Residence 
> Permit is applied for and granted while the foreigner is inside the Brazilian 
> territory, after having entered with an applicable visa.
>  
> Moreover, in case a foreigner under a visit visa changes the status of his 
> stay in Brazil, for example, he enters the territory as a tourist and 
> receives a job offer – the foreigner can apply for a Residence Permit without 
> having to leave the country.
> 
> This is the so-called two-stage system: 1. a corresponding visa is required, 
> 2. to apply for Residence Permit.
> 
> The residence permit may be refused to persons who have been convicted in 
> Brazil as well as abroad (this does not apply to minor criminal offenses).
>  
> Specific conditions and the procedure for granting a Residence Permit are 
> defined by additional, still to be published regulations.
>  
> Humanitarian and political changes 
> 
> Finally, there are progressive aspects of the New Law in terms of foreigners' 
> rights, human rights and political rights, for example the decriminalization 
> of unauthorized immigration, protection of labor rights, access to social 
> security, free legal aid for the unemployed and the right of assembly and 
> trade union activities.
>  
> 
> 
> By Dr. Karin Klempp, LL.M. Franco, Lídia Alves Lage, Simone Grizzo Bösenberg, 
> Maxie Müllbacher
> © Rothmann Sperling Padovan Duarte Advogados
> 
> 
> Further Information?
>  
> Dr. Karin Klempp Franco, LL.M.
> kklempp@xxxxxxxxxxxxxxx
>  
> Lídia Alves Lage
> llage@xxxxxxxxxxxxxxx
>  
> Simone Grizzo Bösenberg
> sboesenberg@xxxxxxxxxxxxxxx
>  
> 
> 
> 
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