April 26, 2013
STREAMLINED BRAZILIAN SHORT-TERM WORK VISA PROCESS TO TAKE EFFECT MAY 8
The Brazilian Ministry of Labor’s National Immigration Council (CNIg) has published Normative Resolution (RN) 100 in the Brazilian Government’s Diário Oficial, establishing a new application procedure for short-term technical work visas. Beginning May 8, 2013, applicants may apply for 90-day technical work visas directly at a Brazilian consulate. The new procedure will replace the current process, established in Article 6 of RN 61, of first obtaining work authorization at the Ministry of Labor before applying for the consular work visa.
The new consular application process will require presentation of an invitation letter from a Brazilian company and proof that the Brazilian company is duly registered in the Ministry of Finance’s Cadastro Nacional de Pessoa Jurídica system. In contrast to the current rule, which requires that foreign nationals possess at least three years of related work experience to be eligible for a 90-day work visa, RN 100 omits reference to any work experience requirement.
The Ministry of Foreign Relations has not yet issued guidance regarding the complete list of documents that consulates will require for the new application; requirements may vary slightly across consulates. Similarly, processing times will likely vary across consulates, and applicants may experience delays as the new system is implemented.
The types of activities authorized under a short-term work visa have not changed: a foreign national is authorized to provide consulting, installation and maintenance of equipment in Brazil for a period of 90 days without an employment relationship with a local company. Managerial, administrative, or financial functions are not authorized under this type of visa.
Although the new resolution does eliminate one step in the short-term work visa process, it also imposes a new restriction on how this type of visa may be issued. Under the new rules, a foreign national may be issued a short-term work visa only once per 180-day period. The visa is not extendable; upon visa expiration a new application must be filed at a Brazilian consulate.
FosterQuan’s Global Section will continue to monitor these procedural changes and will provide further updates regarding this new, streamlined visa process as they become available. Please contact globalinquiries@fosterquan.com if you would like additional information regarding this change, or for any other assistance.
Prepared By FosterQuan, LLP
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Copyright 2013 FosterQuan, LLP. The content of this message is intended for general information and should not be considered legal advice. The content, analysis and summarized format is copyrighted by FosterQuan, LLP. Immigration is a complex area of law, and particular issues should be addressed with experienced immigration counsel and should not be acted upon without an individualized attorney evaluation of how the law applies to a specific circumstance.
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