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



 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)






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<mailto:kklempp@xxxxxxxxxxxxxxx>

Lídia Alves Lage
llage@xxxxxxxxxxxxxxx<mailto:llage@xxxxxxxxxxxxxxx>

Simone Grizzo Bösenberg
sboesenberg@xxxxxxxxxxxxxxx<mailto:sboesenberg@xxxxxxxxxxxxxxx>














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