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First Regulatory Resolutions Released by Ministry of Labor

The Federal Government published today, 12-08-2017, the first Normative Resolutions that start to regulate the granting of residence authorization under the functional competence of the Ministry of Labor. The residence authorization foreseen on these Normative Resolutions refers to work situations.

This is one additional step forward to the reorganization of the migratory policy that started on May, 2017, when was published the new Migration Law.

Up to this moment, it has been published 12 Normative Resolutions by the National Immigration Council. These new Normative Resolutions have rules for the situations below:

  1. Normative Resolution 01/17: general rules about the procedure involving the granting of residence authorization by the Ministry of Labor;
  2. Normative Resolution 02/17: residence authorization for those who plan to work in Brazil under a local labor agreement;
  3. Normative Resolution 03/17: residence authorization for those who will render technical services assistance without labor agreement in Brazil;
  4. Normative Resolution 04/17: residence authorization aiming technology transfer to Brazil without local labor agreement;
  5. Normative Resolution 05/17: residence authorization to maritime workers on board of foreign cruise that is at Brazilian coast without labor agreement in Brazil;
  6. Normative Resolution 06/17: residence authorization to maritime workers on board of vessel or platform that have foreign flag and that are working at Brazilian jurisdictional waters;
  7. Normative Resolution 07/17: residence authorization destined to general and technical services to the Brazilian Government;
  8. Normative Resolution 08/17: residence authorization to work in Brazil under International Cooperation Agreement;
  9. Normative Resolution 09/17: residence authorization to work, without labor agreement in Brazil, to represent financial or congenial institution that has its headquarters abroad;
  10. Normative Resolution 10/17: residence authorization to the performance of managerial activities at private non-profit institutions;
  11. Normative Resolution 11/17: residence authorization to the performance of managerial activities at civil or commercial companies;
  12. Normative Resolution 12/17: residence authorization to the performance of job position to which is required residence in Brazil due to special federal legislation. The residence authorization has an undetermined period of time and do not require labor agreement in Brazil.                 

Considering all these Normative Resolutions already published, it is possible to note that it will continue to exist the figure of what we call nowadays (i) technical visa; (ii) visa based on labor agreement; and (iii) visa for managers, which are the work visas mostly used at the corporate world.

This way, it was kept the general idea that already exists regarding these types of work visas, their requirements and validity. In a summarized report it is possible to indicate the following innovations:   

  1. In case of the visa based on labor agreement, it became to be acceptable technical courses to demonstrate the candidate’s qualification, as well as it became to be required the proof of 12 years of school and 4 years of experience for positions that do not require technical degree or higher;
  2. The technical services became to be disciplined by two Normative Resolutions – one destined to technical services and the other destined to technical training. Due to this, rendering technical services will not need anymore to be accompanied from technical training as it happened on the past. This is a positive change because in same cases the technician, indeed, used to come to Brazil to render a technical activity but did not intended to perform a technical training – in this case, it was mandatory to render a technical training.
  3. In case of technical activities for less than 180 days, it will be possible to grant a residence authorization that has this validity through a especial application before the Ministry of Labor (“fast track”);
  4. The visa for those who should have managerial powers at civil or commercial companies will result in a residence authorization for an undetermined period of time. However, the performance of new activities at the company or at other companies that belong to the same economic group should be authorized by the Ministry of Labor. The same applies to the businessman who start working for other company that does not belong to the same economic group – it is mandatory to get authorization from the Ministry of Labor for this change.
  5. All the documents that will be part of the application must be submitted before the Ministry of Labor on the moment that the application is submitted; it will not be possible anymore that the documents with the consular legalization stamp or with the apostille legalization stamp are submitted after the process is already approved as it was permitted on under the old rules (it will no longer be authorized the so called conditioned approval).
  6. The residence authorization must be requested by the company that is interested in the work of the foreign national and not by himself / herself;

We expect that the other Normative Resolutions are published in the next days. We will continue to follow up on the development of this matter.  

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