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New Ordinances - Ministry of Justice

In the Official Gazette of 02/28/2018, the Rule "Portaria Interministerial"no. 03, 04 and 05 of the Ministry of Justice and Public Security, as well as Rule "Portaria Interministerial" no. 217 and no. 218 of the Ministry of Justice.

Rule "Portaria Interministerial" no. 03/2018: Regulates the processing of the applications for residence authorization, registration, and issuance of the National Migration Registry Card (CRNM), specifies the necessary documentation to instruct the applications in general and defines the procedure for registration of residence permits granted to refugees, stateless people and asylum seekers. In total there are 18 procedures regulated by this Ordinance, as follows:

1 - Residence Permit for health treatment;
2 - Residence Renewal of the immigrant in health treatment;
3 - Residence Authorization study purposes;
4 - Residence Renewal of the student immigrant;
5 - Residence Permit for work holidays;
6 - Residence Permit based on family reunion;
7 - Residence Renewal of the immigrant on a family reunion situation;
8 - Change of family residence period, from temporary to indeterminate;
9 - Residence Authorization based on Agreement or Treaty of Residence;
10 - Residence Renewal of the resident immigrant based on an Agreement or Treaty;
11 - Change of the term of residence based on agreement or treaty, from temporary to indeterminate;
12 - Registration of Residence Permit for an immigrant who has been granted refugee status by CONARE;
13 - Registration of Residence Permit for an immigrant who has had political asylum granted by the Brazilian State;
14 - Registration of Residence Permit for an immigrant who has been recognized as stateless;
15 - Residence Authorization of the immigrant who is in provisional freedom or in compliance with the sentence;
16 - Renewal of the Residence Period of an immigrant who is in provisional freedom or in compliance with the sentence;
17 - Immigrant Residence Permit previously settled based on family reunion; and
18 - Replacement of the National Immigration Registry Card of resident for an indeterminate period due to the expiration of the period of document expiry date.

Rule "Portaria Interministerial" no. 04/2018: Deals with the procedure for granting a residence permit for cases not expressly provided by the Law 13455 of 05/24/2017 and Decree no. 9199 of 11/20/2017. This is an innovation of the Ministry of Justice. It should be noted that labor issues will be assessed by the Ministry of Labor, according to Normative Resolution no. 23/12/12/2017.

Rule "Portaria Interministerial" No. 05/2018: Provides for the procedure for recognizing the condition of statelessness and the resulting naturalization.

Rule "Portaria Interministerial" no. 217/2018: Deals with matters related to the requests for passive and active extradition and for custody for the purposes of passive and active extradition.

Rule "Portaria Interministerial" no. 218/2018: Provides for the procedure for assessing the condition of economic lack of sufficiency for purposes of exemption from fees to obtain documents for regularization of immigration and payment of a fine.


This is a real advance in the new Brazilian immigration processes, contributing directly on the immigrant process in Brazil.

Finally, as soon as we have news about the procedural execution of these ordinances, we will prepare a new Communiqué.

If you have any additional questions about the subject, please contact us.

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