Business immigration in Brazil: overview

A Q&A guide to business immigration in Brazil.

This Q&A gives an overview of the key factors affecting business immigration, including information on the jurisdiction's sources of immigration law; relevant government entities; requirements for unsponsored and sponsored immigration; requirements for sponsors; civil and criminal penalties for sponsors; common issues and concerns; dependants; settlement and citizenship; recent trends and proposals for reform.

To compare answers across multiple jurisdictions, visit the Business Immigration Country Q&A tool.

The Q&A is part of the global guide to business immigration. For a full list of jurisdictional Q&As visit www.practicallaw.com/immigration-guide.

Daniela Lima and Fernando Alves Teixeira, Berry Appleman & Leiden
Contents

Relevant governmental entities

1. What are the relevant government entities (agencies, departments, branches, bodies, and so on) relating to immigration in your jurisdiction?

Ministry of Labour and Employment

The Ministry of Labour and Employment approves visa applications under the Brazilian Immigration Law, and ensures compliance with the Labour Law.

Ministry of Justice and Federal Police

The Federal Police is connected to the Ministry of Justice. Together, they are responsible for receiving applications, controlling the legal status of foreign persons in country, analysing renewals and applying applicable penalties.

The Ministry of Justice and Federal Police receive, analyse and approve visa renewals and transformations into Permanent Visas. They involve the Ministry of Labour (when necessary) which confirms whether the Brazilian sponsor company duly observed the terms of the initial visa.

This Ministry of Justice also grants Permanent Visas both:

  • Based on kinship (for example, through marriage to a Brazilian national or for babies born in Brazil).

  • To foreign individuals applying for naturalisation (that is, being qualified to have a Brazilian passport).

The Federal Police, along with the Ministry of Justice and other authorities, also studies whether amnesty programs, political asylum or refugee status applies.

National Immigration Council (ConselhoNacional de Imigração) (CNI)

The Brazilian Immigration Law No. 6.815 created the CNI in 1980. This authority meets periodically to:

  • Discuss modifications to immigration regulations (Normative Resolutions).

  • Amend requirements, eligibility and other details relating to scenarios not covered by the immigration regulations already in effect (exceptional cases).

  • Consider political, economic and social implications of the immigration laws.

Ministry of Foreign Affairs

The Ministry of Foreign Affairs is responsible for diplomatic relations between Brazil and other countries, international agreements, co-operation terms and commercial programs. It also establishes diplomatic missions, consulates and embassies abroad.

Once the Ministry of Labour and Employment (see above, Ministry of Labour and Employment) approves a visa, the:

  • The Ministry of Labour, Ministry of Justice and Ministry of Foreign Affairs communicate and decide whether or not to approve the visa. The Ministry of Labour mostly approves initial visas, and the Ministry of Justice approves renewals and permanent visas.

  • Ministry of Foreign Affairs informs the Brazilian Consulate and relevant Embassy abroad that the visa is approved. The foreign employee's passport will then be stamped with the visa.

The Brazilian Consulates or Embassies abroad grant certain visa categories directly, without obtaining prior approval from the relevant Ministries (for example, business and tourist visas, student visas, internship visas and 90 day technical work visas).

Local Labour Authorities (Delegacia Regional do Trabalho)

The local Labour Authorities issue Brazilian Work Booklets (Carteira de Trabalho e Previdência Social) (CTPS). This is a personal document that all employees in Brazil must have. The CTPS lists the professional history of each employee, including past employers, promotions and holidays.

The Brazilian sponsoring companies must always keep their employees' CTPSs updated, to avoid problems with audits by the Labour Authorities.

The CTPS issuance procedure was improved in February 2015. The local Labour Authorities began to use an e-booking system and allowed workers to apply for a CTPS even before having the visa registered.

Federal Revenue (Receita Federal)

Foreign residents must obtain a tax ID number (Cadastro de Pessoa Física) (CPF) from the Federal Revenue (tax authority). This includes foreign persons holding a business or tourist visa. A CPF number is necessary to open bank accounts in Brazil and to obtain a local mobile telephone number, among many other things. The CPF number and the ID document are the most important documents that foreign persons must hold.

State Transport Department (Departamento Estadual de Trânsito) (DETRAN)

Foreign persons from countries that are part of the Vienna Convention on Road Traffic 1968, who hold a driver's licence in their home country, can apply for a Brazilian Driver's Licence (Carteira Nacional de Habilitação) (CNH) before DETRAN.

 

Sources and conflicts of law

Sources of law

2. What are the principal sources of law relating to immigration in your jurisdiction?

Domestic statutes, rules and regulations

The main immigration law is Law No. 6.815 of 1980. Other sources of immigration law include Normative Resolutions (NR), issued by the National Immigration Council (CNI). Each Normative Resolution covers a specific visa category, including:

  • Work Contract Visa (NR 99).

  • Technical Work Visa (NR 61).

  • Investors Visa (NR 118).

  • Entertainment Visa (NR 69).

Foreign employees must not represent more than two-thirds of the payroll (Article 354 and following, Brazilian Labour Law Code (Consolidação das Leis Trabalhistas) (CLT)).

Decree No. 86.715 of December 1981 establishes further details relating to foreign persons and their stay in Brazil (for example, visa extensions, transformations into permanent visas, local registration requirements, deportation and penalties).

International law and international treaties

There are international agreements guiding specific situations. For example, the Mercosur Agreement establishes:

  • Commercial issues between the parties to the Agreement (that is, Brazil, Argentina, Uruguay, Paraguay, Peru, Chile, Bolivia, Colombia and Ecuador).

  • The free movement of people between these countries, including having residency established without a Brazilian company sponsor.

Conflicts of law

3. What potential conflicts (if any) arise between the various sources of law?

While not a conflict of laws, certain nationals must get a temporary tourist visa while waiting for Ministry of Labour and Employment approval of their visa renewal or transformation into permanent. This is because certain airlines require certain nationals to have a valid visa stamped in their passport to board flights to Brazil. Certain nationals are exempt from this requirement (for example, Europeans, South Americans and Mexicans).

 

Business immigration

Unsponsored business-related immigration

4. What are the primary options available for unsponsored work and investment in your jurisdiction?

Self-employment and Entrepreneurs

There is no specific work visa category under the Immigration Law for self-employed persons and entrepreneurs. These categories should apply for a foreign investors visa (Normative Resolution No. 118) (see below, Investors).

Investors

Foreign investors must obtain a Foreign Investors Visa (Normative Resolution No. 118). The applicant must both:

  • Prove at least BRL500,000 in foreign investment (or BRL150,000 if it is connected to innovative technical products or services, or if the business is connected to an incentive programme from the government).

  • Submit a detailed business plan showing the improvements the investment will bring to the business and local economy growth.

This visa is granted for three years. After this period, the foreign investor must have his RNE card (ID card for foreign individuals living in Brazil) renewed before the local Federal Police. The Federal Police or Labour Authorities require documents proving that the Brazilian company is currently carrying on business and that the business plan's goals are accomplished.

Business visitors

Foreign persons can enter Brazil with a business visa if the purpose of the trip is to do business in Brazil. Doing business in Brazil includes:

  • Attending meetings or seminars (except as a paid speaker).

  • Negotiating contracts.

  • Visiting clients, suppliers and affiliate companies (except if the intention is to work for the Brazilian company).

  • Searching for business opportunities.

Business visa holders cannot receive any form of payment from Brazilian companies. They must remain on the foreign company's payroll and only attend specific events. Any other activities constitute work and require a visa. If the business visitor fails to observe these limitations, he and company may be liable to a fine. The fine is about BRL2,000 per foreign person with no appropriate visa, or double this for a recurrent case (but these levels are currently being reviewed).

Business visas are usually valid for five or ten years. However, in some cases the relevant Consulate grants a shorter visa (valid for up to 90 days), depending on the paperwork presented. The relevant Consulate has discretion over the length of the business visa. Each entry into Brazil allows a business visitor to stay in Brazil for up to 90 days, with one renewal (no more than 180 days per 12-month period starting from the first entry registered in the passport). This applies to all visas (for example, if a person obtains a ten-year visa, they must not stay in Brazil for longer than 90 days per entry and 180 days per year). However, these rules change frequently.

The business visa application process is straightforward. The relevant Consulate requires a Letter of Invite from the Brazilian company the candidate will be visiting, confirming the:

  • Activities (business meetings).

  • Length of stay.

  • Address in Brazil.

  • Point of contact in the Brazilian company.

Certain nationalities do not need a business visa to enter Brazil (for example, Europeans and Latin Americans (including Mexicans)). They can simply enter Brazil with a valid passport (with an expiration date of at least six months ahead of the planned arrival in Brazil and at least one blank page, to allow Brazilian Federal Authorities to register their entry and exit. In addition, certain South American countries that are part of the Mercosur International Agreement (that is, Argentina, Uruguay, Paraguay, Chile, Peru, Colombia, Bolivia and Ecuador)do not even need a passport, but can use their own local ID documents to enter Brazil.

Sponsored business-related immigration

5. What are the options available for sponsor-based employment in your jurisdiction?

Temporary work visas

These are the types of temporary work visas available in Brazil:

  • Temporary work contract visa (Normative Resolution No. 99). This allows employment of various specialised employees in Brazil, as long as they are paid in Brazil (that is, included on the local payroll). It allows the foreign professional to stay in Brazil for two years (after which employee requires a permanent visa). Various conditions are imposed on the employee and the Brazilian sponsoring company:

    • Employee. Foreign employees applying for this visa category must prove academic background and professional experience related to the activities to be performed in Brazil. Length of professional experience required varies depending on the candidate's academic profile (one year for foreign persons with a university degree, two years for foreign persons without a university degree, or an exemption if the applicant has a post-graduate degree, master's degree, or any higher degree taking a minimum of 350 hours);

    • Brazilian sponsor company. When applying for a work contract visa, the Brazilian company must confirm that there are no local Brazilian employees capable of performing the activities the foreign person will do. In addition, the company must ensure that foreign employees must not represent more than two-thirds of the payroll or of the total staff.

  • After the foreign employee arrives in Brazil holding a temporary work contract visa, he must register his visa with the local Federal Police within 30 days, to get his RNE card (that is, the ID card for foreign persons). In addition, a CPF number (Tax ID number), Brazilian Work Booklet (CTPS) and Brazilian Driver's Licence are required.

  • Technical work visa (Normative Resolutions No. 61 and No. 100) . This visa category allows a foreign professional to come to Brazil to work and keep his payroll abroad (as he is connected to a foreign company). Only certain services with a technical nature fall into this category. For example, installing equipment, adaptation and maintenance, software installation or configuration (and training activities related to that, involving knowledge transference).

Various conditions are imposed on the employee and the Brazilian sponsoring company:

  • Employees. Foreign technicians must have at least three years of professional experience in the activities related to the services to be provided in Brazil. Proof of experience must be provided (for example, letters, payslips and receipts).

In addition, the candidate must be a regular employee of the foreign company providing services to the Brazilian company sponsoring the visa. This is confirmed through the technical services agreement established between the companies;

  • Brazilian sponsor company. The Brazilian company must have a reasonable number of local employees, as a condition of this visa is that local employees are trained. What constitutes a reasonable number is at the discretion of the Ministry of Labour.

There are three sub-categories of technical work visa:

  • One year technical work visa (Normative Resolution No. 61) . This visa allows the foreign technician multiple entries into Brazil over the course of one year. It can be renewed once.

The application is submitted to the Ministry of Labour and Employment. Once it is approved, the relevant Brazilian Consulate is notified and the foreign technician receives a stamp in his passport.

Among the documents required by the Ministry of Labour and Employment are the Technical Services Agreement (TSA) (which must have a validity period of at least one year, or the visa will be granted for a shorter period) and a Technical Training Plan (detailing the activities the foreign professional will perform in Brazil).

  • 30 day emergency technical work visa (Normative Resolution No. 61). This is processed at the relevant Brazilian Consulate and does not need Ministry of Labour and Employment approval. It is granted in cases where it is proved that there is a risk of serious damage to the environment (for example, oil leakage, catastrophic consequences for equipment operation, and similar situations). This visa cannot be renewed.

  • 90 day technical work visa (Normative Resolution No. 100). This is used where the activities the foreign technician will perform in Brazil can be concluded within 90 days. This is processed at the relevant Brazilian Consulate and does not need Ministry of Labour and Employment approval. The application requires a Letter of Invite from the Brazilian company where the services will be rendered, and other supporting documents that vary depending on the Brazilian Consulate. This visa cannot be renewed.

  • Professional training visa (Normative Resolution No. 87) . This visa category is used for intra-company transfers where the applicant is not transferred to the Brazilian payroll, but needs to learn local Brazilian practices and procedures, and report them to the headquarters abroad. The application is submitted to the Ministry of Labour and Employment. The applicant then receives a stamp in his passport at the relevant Brazilian Consulate before entering Brazil. This is a one year visa and cannot be renewed.

  • Entertainment visas (artists and sportspersons) (Normative Resolution No. 69) . This can be issued to foreign nationals traveling to Brazil as performing artists, sportspersons and other professionals directly involved with the event (such as wardrobe, cooks and choreographers), who will be receiving payment from a Brazilian source. The application is submitted to the Ministry of Labour and Employment, and requires a contract between the Brazilian sponsor company and the foreign performer/sportsperson, or a representative of a group (in relation to collective performers/big international tours). The contract must include details about the title of the show, dates and places of the performance, and the amount paid for each performance and considering the different professionals involved (artists, musicians, dancers, technicians, and so on). Once the Ministry of Labour and Employment has approved the application by the Ministry, the relevant Brazilian Consulate is notified and the applicants receive a stamp in their passports.

The visa is valid for 90 days. It can be renewed before the local Federal Police by presenting an amendment to the contract establishing new performance dates.

  • Maritime visa (Normative Resolution No. 72) . This applies to crewmembers working on foreign vessels/rigs operating within Brazilian jurisdictional waters, duly contracted/chartered by Brazilian companies. This type of visa applies to individuals only. Dependents cannot be included. This visa can be granted for up to two years and is extendable. The length of stay and extensions are linked to the term of the vessel charter and services contract. If the foreign vessel remains under operation within Brazilian waters for a period longer than 90 continuous days, it must employ Brazilian seamen and other professionals in certain set proportions (the proportion varies depending on how long the vessel will stay in Brazilian waters). There are various conditions for each kind of activity performed by the foreign vessel. The contracting party must inform the Ministry of Labour and Employment of any transfer of a crewmember to another foreign vessel operating within Brazilian waters. The following cases do not require a work permit if the foreign citizen holds a valid seafarer’s international identity card or equivalent document, according to the principles established by the International Labor Organization (ILO) Convention of which Brazil is a member:

    • a foreign citizen who is a crewmember of a vessel and who enters Brazil during a long course trip (that is, a trip between foreign and Brazilian harbours);

    • a foreign citizen who works, for a maximum period of 30 days, aboard a vessel that has been authorised for cabotage (that is, a trip between two Brazilian harbours or points within the Brazilian territory).

  • Internship visas (Normative Resolution No. 111) . This visa category is aimed at applicants who come to Brazil to join a training programme connected to an educational institution. There must be a connection between the activities to be performed and the applicant's educational history.

This visa is valid for up to one year. If the training will be longer than 120 days, then the contract/agreement must be signed by a Brazilian educational institute.

The application requires a contract/agreement term between the applicant (foreigner), the Brazilian company, and the foreign educational institution. The internship programme must be supervised by a professor. The rights and guarantees Brazilian Labour Law (CLT) apply to foreign trainees.

The Internship Visa is applied for directly at the relevant Brazilian Consulate.

  • Professional exchange visas (Normative Resolution No. 94) . The Professional Exchange visa is aimed at applicants who are studying at a higher education institution (graduate or post-graduate courses) or have concluded the course within the past 12 months. The visa is valid for up to one year (non-extendable) and diplomatic reciprocity rules between the countries involved are observed. The Brazilian sponsor company submits the application to the Ministry of Labour and Employment, along with the work contract between the Brazilian company and the applicant, and a Statement of Commitment between the Brazilian company, the applicant and an agency of exchange as a mediator. The applicant must have a monthly salary in Brazil and must obtain a Work Booklet (CTPS).

  • Summer Job (Normative Resolution No. 94) . This visa is aimed at applicants wanting to work in Brazil during their yearly academic break. It is valid for up to 90 days (non-extendable). The Brazilian sponsor company submits the application to the Ministry of Labour and Employment, along with both a:

    • a work contract between the applicant and the Brazilian company;

    • written proof/declaration confirming that the applicant is currently enrolled in a higher education course taking a minimum of 360 hours' work.

  • Visa for foreign correspondents/journalists and media professionals; religious/missionary visa; student visas. These visas can be applied for before the local Brazilian Embassy/Consulate, according to its specific requirements. These visas do not require Brazilian Ministry of Labour and Employment approval. They are usually valid for one year (but can be longer, depending on the mission, the period of the study course or the intended period of stay as a foreign correspondent). Renewals are processed in Brazil before the local Federal Police and the Ministry of Justice. Proof that the applicant is still involved with the mission or studies, or is still an international correspondent, are required.

Permanent work visa

The main permanent work visa is the foreign administrator visa (VIPER) (Normative Resolution No. 62). This is aimed at foreign professionals who come to Brazil to become a company director and legally represent a Brazilian company. This visa is classified as "permanent", but is valid initially for a maximum period of five years (the period depends on how long the corporate documents confirm the foreign person as a local legal representative). After the initial 5 year period, this visa becomes permanent if it is proven that the foreign person remains as a local legal representative of the Brazilian company.

To sponsor this visa, the Brazilian company must have a minimum amount of foreign investment as part of its social capital (that is, the total amount of money invested in the Company, as identified in their corporate charter), either:

  • US$200,000 as foreign capital of the company.

  • US$50,000 as foreign capital of the company and a commitment/business plan to hire ten local employees.

The foreign investment is proved by presenting copies of the Brazilian Central Bank Information System (Sistema de Informações do Banco Centra) (SISBACEN) entries. In addition, the corporate act establishing the foreign person as a company director (that is, the corporate charter or bye-laws) must be submitted to the Ministry of Labour and Employment, after approval of his visa.

Dependents of holders of permanent work visas can work in Brazil, whereas dependents of holders of temporary work visas must have their own visa to work in Brazil.

Requirements for sponsors

6. What are the requirements for becoming a sponsor of employment-based migrants and what are the role and reporting duties of sponsors?

Requirements to become a sponsor

The Brazilian company must justify why they are "importing" a foreign work force, by presenting some or all of the following documents relating to the applicant (depending on the visa applied for):

  • University diploma(s).

  • Declaration of experience.

  • Details of the activities the foreign worker will perform in Brazil, reinforcing that there are no local Brazilian employees capable of performing those activities.

Role of sponsors

The sponsor company is responsible for the foreign worker and his family members (dependents) during their stay in Brazil, including their heath conditions. The sponsor must provide insurance to cover accidents and treatments, to avoid foreign persons using the Brazilian public health system. This commitment must be declared to the Ministry of Labour and Employment when applying for the visa, even if the candidate has an International Insurance Plan.

Reporting duties of sponsors

The sponsor company must inform the Ministry of Labour and Employment of a termination of a foreign employee's work contract, within 15 days of termination. They must also facilitate the foreign employee's departure by providing a return flight ticket to the employee (and family members), and ensuring that they leave Brazil.

Civil and criminal penalties for sponsors

7. What are the types of civil and criminal penalties that sponsors may face for non-compliance with the rules?

Civil penalties

The Ministry of Labour and Employment inspects companies to ensure they comply with the immigration laws. Companies with employees with an inappropriate status (for example, with an expired visa) can be subject to a fine of about BRL2,000 per infringing foreign employee (or double that for recurrent offences). This amount is currently under review. In addition, it may jeopardise the company's future applications for visas.

Criminal penalties

There are no criminal penalties for infringing the basic immigration laws.

Common issues or concerns for business immigration

8. What common issues or concerns may arise under business immigration in your jurisdiction?

If a foreign company transfers a foreign employee to a Brazilian company in the same group, this must not result in a drop in the foreign employee's salary. In addition, a company must ensure that foreign employees earn the same amount as Brazilian employees in the same position. Salary can be split so that a portion is paid in Brazil and a portion in the relevant foreign jurisdiction. However, it is recommended that at least 50% is paid in Brazil, or the authorities might suspect Brazilian tax avoidance.

 

Dependants

9. What persons qualify as dependants (for example, family members)? What are the general requirements and restrictions for bringing dependants into your jurisdiction for sponsored and unsponsored business-related immigration?

Dependents are spouses and children under the age of 18 (Immigration Law). However, the dependency age can be extended up to 24 years old, if it is proven that the dependent is still studying at a university and the main visa holder can prove he pays the tuition fees.

A partner in a non-married couple (including a same-sex couple) can qualify as a dependent, if they can prove they have had a "stable union" for at least one year. Proof can include:

  • Joint bank account documents.

  • Life insurance with the partner as beneficiary.

  • Testamentary dispositions.

  • Real estate joint-ownership.

 

Settlement and citizenship

10. What is the general time frame and processes for obtaining permanent residence and citizenship in your jurisdiction for sponsored and unsponsored business-related immigration?

General process and time frame for obtaining permanent residence

Permanent visas are required for permanent residence.

Permanent visa based on marriage with a Brazilian national. If a foreign person is married to a Brazilian national, he or she can apply for a permanent visa. The application can be made either at the Brazilian Consulate abroad, or before the local Federal Police in Brazil, if the couple currently lives there. If the documents are present and correct, the Federal Police can immediately approve the application. However, Federal Officers can visit the applicant's home to confirm they are living with their husband or wife.

Permanent visa for babies born in Brazil. If a foreign person gives birth to a baby in Brazilian territory, the baby is considered as a Brazilian national and the parents can apply for a permanent visa. The application can be submitted either at the Brazilian Consulate abroad or before the local Federal Police where the applicants live. This visa is automatically granted, but Federal Officers can conduct inspections at the applicant's home to confirm if they live as a family. That is, if a foreign person applies for a permanent visa based on his baby, he must live with the baby. If he does not live with the baby, he must prove that he is responsible for the child. In such cases, the Federal Police Officer will evaluate whether a permanent visa is necessary, considering the fact that they do not live together.

Permanent visa based on a stable union (including same sex couples). Permanent visas can be granted to non-married couples, if they prove they have a stable union (see Question 9). The application can be applied for at the Brazilian Consulate abroad, or at the local Federal Police in Brazil where the applicants are living together. Federal Officers can visit the applicants' home and their neighbours to confirm they effectively live as couple.

General process and time frame for obtaining citizenship

Foreign individuals holding a permanent visa and living in Brazil for more than four years can apply for Brazilian naturalisation. This period is reduced to one year if the permanent visa was acquired due to marriage with a Brazilian national or if the applicant was a baby born in Brazil. In addition, the authorities will analyse whether the applicant wants to establish his life in Brazil, and has a minimum understanding of the Portuguese language.

The application is submitted to the local Federal Police, along with:

  • Police Clearance from the home country.

  • Certificates from all Brazilian States where the applicant has lived, to confirm that he does not have any problems with the courts.

Once the application is submitted and approved, a Naturalisation Certificate is issued. There is a public ceremony during which the applicant swears over the Brazilian flag that he wants to become a Brazilian national. The applicant will then be able to acquire Brazilian documents, like the RG (ID card for Brazilians) and a Brazilian passport.

The naturalisation process can take over one year, but the authorities are currently reviewing this time frame with a view to making this process faster.

 

Present climate and future legislation

Present climate and trends

11. What are the recent trends, both political and social, that have impacted your jurisdiction with regard to immigration policy and law?

In December 2015, the Ministry of Justice, along with the Ministry of Foreign Affairs and Ministry of Tourism, published a new instruction (Portaria No. 216/2015) exempting certain nationalities from the requirement for a tourist visa when visiting Brazil for the Olympic Games (1 June 2016 to 18 September 2016). This applies to citizens of Australia, Canada, the US and Japan.

Also, since December 2015, Brazil joined the HCCH Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961 (Apostille Convention) in December 2015. From 14 August 2016, the government, ministries and other local authorities will accept foreign documents that are apostilled instead of requiring document legalisation procedures. This change was announced under Decree No. 8660, published in February 2016. This makes processes smoother and more efficient for businesses transferring international employees to Brazil.

Normative Resolution No. 119, published in February 2016, provided a new visa category for young foreign athletes (from 14 to 18 years old) who come to Brazil to join a training cultural exchange programme.

Future legislation

12. Are there any anticipated changes in the immigration laws of your jurisdiction?

Brazilian authorities constantly review the immigration law and procedures, to streamline the process and allow Brazilian companies to be able to quickly hire specialised foreign professionals.

The Anti-Corruption Law No. 12.846 has been developed since 2013. This clearly establishes the responsibility of companies involved in bribery and other criminal acts. This allows the authorities access to company administrative processes, including those involving the hiring of foreign professionals. This law is partially in force and is still under discussion.

The Anti-Corruption Law No. 12.846 and Decree No. 8420 (March 2015) also review the penalty fee for companies employing foreign persons in Brazil without a visa or with an inappropriate visa.

 

Online resources

Ministry of Labour and Employment

W www.mte.gov.be

Description. This includes general instructions about work visa categories, and immigration and labour laws.

Ministry of Justice

W www.justica.gov.br

Description. This includes general instructions about work visa categories, mainly focused on permanent visas, kinship visas and renewals/transformation processes.

Federal Police

W www.dpf.gov.br

Description. This includes local visa registration requirements, local ID card issuance for foreign persons (RNE), an e-booking system for appointments scheduling, and other details about permanent visas, naturalisation processes, and so on.

Ministry of Foreign Affairs

W www.itamaraty.gov.br

Description. This includes website international agreements established with Brazil, diplomatic discussions, and so on.



Contributor profiles

Daniela Lima, Managing Director

Berry Appleman & Leiden

T +55 11 3080 3661
F +55 11 3080 3680
E dlima@balglobal.com
W www.balglobal.com

Professional qualifications. Brazil, Lawyer, 2004.

Areas of practice. Immigration law; outbound immigration; relocation matters; advising multi-national companies on executive transfers to Brazil.

Non-professional qualifications. Law Studies, Faculdades Metropolitanas Unidas (FMU); MBA in Strategic Management and Business Economics, Fundacao Getulio Vargas (FGV).

Languages. Portuguese, English, and Spanish.

Professional associations/memberships. Recognised by the International Who's Who of Leading Corporate Immigration Lawyers as a leading Brazilian immigration lawyer; active member and regular speaker at the American Immigration Lawyers Association (AILA), International Bar Association (IBA) and Employment Relocation Council (ERC); Senior Global Mobility Specialist at ERC.

Fernando Alves Teixeira, Global Visa Associate Attorney 

Berry Appleman & Leiden

T +55 11 3080 3662
F +55 11 3080 3680
E fteixeira@balglobal.com
W www.balglobal.com

Professional qualifications. Brazil, Lawyer, 2007.

Areas of practice. Corporate immigration, with clients in technology, pharmacy, construction, automotive, consultancy, banking and entertainment; temporary work visas; renewals; transformations into permanent; permanent visas for foreign investors; kinship situations; naturalisation processes.

Non-professional qualifications. Law, Instituição Toledo de Ensino (ITE).

Languages. Portuguese, English and Spanish.

Professional associations/memberships. Speaker at the ERC Master Series in Dallas (June 2013) and Sao Paulo (November 2014 and 2015).


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