Foreign work in Brazil - Immigration x Visas

The Ministry of Labor, through the Immigration Coordination (CGIg), has the specific competence and authority to grant work authorization for foreign nationals to work in Brazil, according to Law #. 6.815 dated of 19 August of 1980.

Immigration matters involve a high degree of discretional powers of the authorities. As one knows, immigration and work permit granting for foreigners are fields closely connected to the sovereignty of a country and reflect policies adopted by the government and reciprocity treatment.

Therefore, the application for a visa does not create any right to be granted with such visa, it constitutes a mere expectation only.

There are different types of visas defined by the Brazilian Law, whose eligibility depends on each specific situation and purpose of the trip. Therefore, not all of them allow foreigners to work in Brazil. Generally, there are no restrictions concerning the nationality of the applicant or if the applicant has any spouse or children under 18 years old.

The law establishes 7 (seven) categories of visas:

- Transit
- Tourist
- Temporary
- Permanent
- Courtesy
- Official and
- Diplomat

The most commonly used categories of visas are the tourist, temporary and permanent visas.

Visas for Short-Term Business Visitors and Tourists

Individuals from some countries will require a visa to travel to Brazil on short-term business or for tourism. Business visitors or tourists traveling on these types of visas must not work or render any kind of technical assistance service, nor receive remuneration for services from any source in Brazil.

The Business visa may be obtained at the Brazilian Consulate having jurisdiction over the place of residence of the applicant. The application for a business visa generally consists of the following:

Support Letter from the company that is requesting the business trips (either the foreign or the Brazilian company) stating the following:

- The purpose of the trip and the activities the foreigner will perform while in Brazil – Names, addresses and telephone numbers of business contacts in Brazil – Date of arrival and anticipated departure – Guarantee of financial and moral responsibility for the applicant for the duration of the visit

The Business visa allows the foreigner to participate in meetings, conferences, fairs, and seminars, to visit potential clients, to research the market and to perform similar activities. As previously mentioned, foreigners holding this visa shall not work in Brazil, subject to the assessment of a fine to the company employing foreigners bearing the inappropriate visa, as well as to deportation of the foreigner.

Tourists? visa applications usually only requires a round-trip airline ticket and proof of capability of financial support during the visit in Brazil. This type of visa only supports tourism purpose trips, subjecting the company that employs foreigners holding this visa to the same penalties above mentioned.

If a visa is required by the country to which the applicant is going after Brazil, that visa must already be included in the passport, prior to requesting the Brazilian visa.

The visa is generally issued within 24 hours. This type of visa may be valid for a period up to 90 (ninety) consecutive days from the date of first arrival in Brazil. It may be used for multiple entries during that period. An extension for a further period up to 90 (ninety) days may be obtained from the Immigration Authorities in Brazil, prior to expiration of the visa. In any case, the foreigner may only remain in the country for 180 days within a 365-day period (not calendar year).

Temporary Work Visas

For individuals coming to Brazil on a temporary basis for working purposes, there are several types of visas that may be applicable according to each specific situation or circumstance. We highlighted below the main characteristics of the applicable visa for the most common situations:

(1) Professionals with Employment Contract with Brazilian Entity. This visa is eligible to individuals coming to Brazil to work for a temporary period employed at a Brazilian company in a position requiring special knowledge. The visa may be valid for no longer than 2 years initially, and may be renewed for an additional 2 year period. This type of visa will require proof that the candidate has at least a 2 year experience in the activity he/she will perform in Brazil. If he/she has a college degree, or 3 year experience if he/she does not have a college degree. The foreign national must evidence a degree of proprietary knowledge, specialized skills, distinguished professional experience or managerial/executive-level skill that are not readily available within Brazil?s domestic labor market. The Brazilian company must meet the ?2/3 rule?, by which2/3 of total number of workers of the company and equivalent salary shall belong to Brazilian citizens, and shall present also information regarding the Brazilian company, including the company?s salary structure, as well as regarding the candidate’s salary abroad and in Brazil, which shall be approximately 25% higher than his/her last salary abroad, provided that he/she shall receive at least part of the salary in Brazil.

(2) Technicians without Employment Contract with Brazilian Entity. This visa is eligible to individuals coming to Brazil to render technical assistance services or transfer of technology, according to a Technical Assistance or Transfer of Technology Agreement executed by a foreign company and a Brazilian company. Technical visas are not appropriate for foreigners coming to the country to develop managing, administrative and financial activities. This Agreement shall be registered before the INPI ? Brazilian Patent and Trademark Office prior to the visa applications. In this case, the technicians shall not be employed by the Brazilian company and shall receive his/her entire remuneration exclusively from a source abroad. The sponsoring company shall provide proof that the foreign is covered by life insurance valid in Brazil, among other requirements. Work permit granted on such grounds may be valid for 2 (two) years, in case of transfer of technology, or for 12 (twelve) months, in case of technical assistance and/or technical cooperation, and in both cases may be extended for a period equal to the initial one if the required conditions for the visa extension are met. In case of emergency, this visa may be granted by the Brazilian Consulate with jurisdiction over the individual?s residence for a non-extendable period of 30 (thirty) days respected a 90 day grace period for a second application. Emergency is defined as fortuitous situations that bring imminent risks to life, environment, assets or that may generate production or service rendering interruption.

(3) Artist and Sports persons. The request for this visa must be submitted to the Brazilian Labor Ministry by the Brazilian organization, which is sponsoring the event for which the individual?s services will be required. Visa application requires information about the event and respective contract.

(4) Foreign Journalists. This visa is eligible for foreign journalist working on a temporary basis in Brazil as the correspondent of a foreign communication company, which will support the visa application. The candidate must not receive his/her salary in Brazil. The visa should be requested directly at the Brazilian Consulate abroad with jurisdiction over the individual?s residence.

(5) Crew Members under charter, service rendering contracts and lease agreements. Visa application requires authorization of the ship to operate under national waters, and report from the Marine Department. Copy of the respective contract. Part of the crew shall be formed by Brazilian nationals.

(6) Research Scientists: This visa is eligible to foreign professors, technicians, scientists and researchers that intend to perform its activities in a public or private school or university or a research entity. A letter of support from the entity who is sponsoring the visa will be required upon application. Visa application requires Admission Term or Labor Contract with the school, university or research entity.

(7) Social Assistance. The temporary visa may be granted up to 2 (two) years to foreigners coming to render religious or social assistance to Brazilian entities, as volunteers. The foreigners may not receive remuneration for temporary volunteer work in Brazil.

The applicant for any of these types of visa, except for the Foreign Journalists and Social Assistance types of visas, shall previously obtain a Work Authorization from the Brazilian authorities. It is an administrative act, which comes under the competence of the Ministry of Labor, as an exigency of the Brazilian Consular Authorities, according to the national legislation, to obtain a concession of permanent and/or temporary visas, for foreign nationals wishing to work in Brazil. Upon approval, the work authorization shall be published on the Federal Official Gazette, and the designated Consulate shall be notified, so that the foreign national may apply for the visa issuance.

Other Temporary Visas

There are other types of visas applicable to foreigners coming to Brazil for purposes other than work. Note that the visas listed below do not allow its bearer to work in Brazil or receive any remuneration from a Brazilian source. We highlighted below the main characteristics of the applicable visas for the most common situations:

(1) Mission of Studies and Religious Mission: The candidate must not receive any compensation in Brazil. This visa may be granted to religious persons for specific mission in Brazil for up to one year.

(2) Student. This visa is obtained by students at the Brazilian Consulate having jurisdiction over the place of residence of the applicant. The student must not work or receive any compensation in Brazil. Foreign students under exchange program are required to present documents from the school and foreign exchange students program.

(3) Trainees. This visa is eligible to foreigners who intend to come to Brazil for a trainee program during the 12 month period after graduation, with no labor relation to any Brazilian entity. Visa application requires proof of graduation within the last 12 months, as well as proof that any kind of remuneration shall be paid exclusively from abroad. This visa may be granted for a maximum period of 1 year.

(4) Internship Programs. This visa is eligible to foreign individuals admitted to an internship program, including employees of foreign companies in internship program in the Brazilian subsidiary, with no labor relation to any Brazilian entity. Visa application requires Commitment Term executed between the intern, the Brazilian institution and responsible control entity. This visa may be granted for a maximum period of 1 year.

(5) Health Treatment. This visa is eligible to foreign individuals who intend to come to Brazil for health treatment purposes. Visa application requires medical recommendation and proof of the means for payment of the health treatment.

Permanent Employment Visa

The Permanent visa may be issued, basically, under three circumstances: (i) family relation to a Brazilian national (marriage, children); (ii) retirement; or (iii) appointment to the representation and managing position of a Brazilian company (Statutory Director).

(1) Family Reunion. In case the candidate is married to a Brazilian citizen or has a Brazilian child he/she shall be eligible for applying for a permanent visa at the Brazilian Consulate abroad, before coming into the country, or at the Ministry of Justice if the candidate is already in the country. In this case, the candidate shall be allowed to work in Brazil.

(2) Retirement. The permanent visa is also eligible for individuals that have already retired in his/her home country and intend to transfer his/her permanent residence to Brazil. The individual must provide evidence that he/she may transfer to Brazil at least USD2,000.00 (two thousand US dollars) on a monthly basis.

(3) Foreign Officers. The permanent visa may also be issued in the case of a foreign company that has a branch or subsidiary in Brazil, and wishes to transfer a statutory director or manager to the Brazilian company. Therefore, individuals who will be permanently transferred to Brazil to work for a subsidiary or branch of a foreign-owned company in the capacity of director or manager may apply for a permanent employment visa. To apply for a permanent visa for its director or manager, the foreign company must have, at least, US$ 200,000 invested in Brazil and registered within Central Bank of Brazil, or the Brazilian company must had increment in its payroll corresponding 20% (twenty percent) or 240 (two hundred forty) minimum wages. Also, the individual shall be appointed to a statutory position of the Brazilian Company, subject to the visa approval, and shall be confirmed in the position after he/she is granted with the visa. If the foreigner is appointed to more than one statutory position of the same economic group or conglomerate, he/she shall be previously authorized by the Ministry of Labor.

In addition, persons who have been employed in Brazil in a temporary capacity (regardless of whether the company is Brazilian or foreign owned) for a period of four years, may apply to convert their status to permanent. To obtain permanent employment authorization for an individual working in Brazil on a temporary basis for four years, application must first be made to the Ministry of Justice at least 30 (thirty) days prior to the completion of the four-year term.

Registration upon Entry into Brazil

All foreign who enter in Brazil holding a Temporary Work visa or a Permanent visa must register with the Federal Police/Ministry of Justice and obtain the foreigners ID card within 30 (thirty) days of arriving in Brazil. This rule applies only to alien residents in Brazil, immigrants, and temporary residents coming for employment. Artists, sportspersons, tourists or short-term businesspersons are not required to register.

Temporary work visa and permanent visa holders shall also register before the taxpayer registry office (Federal Revenue) for taxation purposes, provided that the worldwide remuneration shall be taxed according to the Brazilian tax legislation.

Furthermore, professionals employed by a Brazilian company shall also obtain the so-called ?Labor Card? in order to comply with Brazilian labor legislation.

Proof of registration with Brazilian authorities shall be provided to the Ministry of Labor within 90 days counted from the entrance in Brazil.

Foreign individuals bearing permanent and temporary work visas for Professionals with Employment Contract with Brazilian Entity shall be subject to taxation in Brazil upon entrance. All other temporary visa holders shall be subject to taxation in Brazil after 183 days of stay.

The work visas originally granted are bound to the entity that sponsored it. The change of employer is subject to the approval by the Ministry of Justice and the Ministry of Labor.

Upon definitive exit from Brazil and repatriation, the foreigner shall present to the Federal Revenue the so-called ?Declaration of Final Departure? and request the cancellation of the taxpayer registration in order to cease levy on the individual remuneration. The sponsoring company must inform the Ministry of Labor whenever the foreigner leaves the position and is repatriated in order to cancel his/her visa and registration.

Travel in Advance of Permanent or Temporary Employment

Individuals needing to conduct strictly business in Brazil prior to obtaining employment authorization and the appropriate visa, may do so by obtaining a short-term business visa. However, they shall not work in Brazil or receive any remuneration locally until the employment authorization and visa are issued. Furthermore, individuals must obtain permanent or temporary visas outside of Brazil at the Brazilian Consulate with jurisdiction over the individual?s residence.

Employment of Spouses/Children

Accompanying spouses and children are allowed to remain in the country as a dependent of the visa holder for as long as his/her visa is valid. However, spouses and children are not permitted to engage in employment or any work activity while residing temporarily in Brazil, but they shall be authorized for employment if converted to permanent resident status.