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Rule no. 6 issued by Ministry of Justice

EMDOC informs that the Rule No. 06 issued by Ministry of Justice, Public Safety and Labor was published in Official Gazette on 03/12/2018.
 
The Rule No. 06 provides procedure s for processes whose purpose s are (i) to declare the loss of a residence authorization or (ii) to cancel a residence authorization. It is worth mentioning that in several moments both Law No. 13.445/2017 and Decree No. 9.199/2017 already mentioned these topics. Therefore, the Rule arises to regulate both process in detail. 
 
The procedure for both types of processes (decree of loss or cancellation of residence permit) will be filed based on the articles of the Decree itself. 
 
In this way, in order to file the administrative procedure, as well as the decree of both the loss or cancellation of a residence authorization will be done before the governmental agency which has granted the main residence authorization. In practice, it will be the responsibility of:
 
I - Ministry of Labor, in the person of the Coordinator-General of Immigration, the decree of the loss or cancellation of a residence authorization regarding the authorization of residences analyzed under its jurisdiction; 
 
II - Ministry of Justice, in the person of the National Secretary of Justice, the decree of the loss or cancellation of a residence authorization based on different hypotheses ( excluding the work ones ) and which were analyzed before the Department of Migration; 
 
III - Federal Police, in the person of the Director General of the Federal Police, the decree of the loss or cancellation of a residence authorization which has been issued before Federal Police. 
 
However, considering this procedures logical rules, the immigrant will have the right to the contradictory and ample defense, being able to use the resources admitted in law, including translator-interpreter, which effects of the non-fulfillment could also generate effects.
 
Furthermore, in case of declaration of loss or cancellation of a residence authorization issued by the Ministry of Labor, the employer may be notified.
 
This Rule shall enter into force on the date of its publication, it is on March 12, 2018.
 
If you have any additional questions, please contact one of our partners.
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Phone.: +55 11 3405-7800

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São Paulo / SP - Consolação - 01309-000
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