Easier rules for work visas in Brazil

You may also want to see:

- Foreigners with a working Visa in Brazil, steps to get your documents in order.

- The long and treacherous quest to get a work visa permit in Brazil

What changes:

1) Documents must be presented mainly electronically.

2) Most of translations (e.g. diplomas, graduation certificates) can be presented after the visa is required, and not before;

3) Foreigners may switch jobs while in Brazil in a much easier way. The visa is not cancelled when the worker change jobs, but automatically renewed.

4) Postgraduation students can come to Brazil in order to work during their vacation time (up to 90 days a year)

It is also expected that the analysis will be made much faster. 

Please notice that part of the old regulations still apply. The gates are still closed to workers without qualification and a Brazilian company must sponsor the visa request. 

The visa still has to be obtained before you come to Brazil!

Nevertheless, a change for the better. 

You may also want to see:

Foreigners with a working Visa in Brazil, steps to get your documents in order.

The long and treacherous quest to get a work visa permit in Brazil

Visa options for investors in Brazil

One of the questions I receive the most from my clients want to invest in Brazil is on the possibility of obtaining a visa for partners, directors and managers of their company.

Basically, in Brazil there are 3 visas that relate to business:

1) For investments above 600,000.00 Brazilian Reais, the company has the right to appoint one foreigner as a director. This foreigner will receive a visa automatically. Each 600,000.00 allow for one director.

2) For investments above 150,000.00 Brazilian Reais, one investor may obtain a Visa, as long as he can prove that the company will bring a relevant social impact to the area where it is located, or that the company will generate jobs for Brazilians. Again, each investor must bring at least 150,000.00 (lower investments may grant a visa if the social impact is proven to be outstanding).

The social impact is evaluated according to the business plan presented along with the visa request. The main criterion is always the creation of jobs. But the use of new technology and te empowerment of local communities are also important.

A relevant social impact would be, for instance, the installation of a factory in a very poor region. If the business plan is solid, the social impact can be easily accessed by the Brazilian government.

Some of my clients, for example, invested only 100,000.00 BRL and obtained a visa. In one specific case, the new company brought new design for wood furniture, and would employ a few workers in the production of such furniture. The business was also located in a poor region of a big city in the Northeast of Brazil.

  

3) Finally, a foreigner may obtain a work visa if a Brazilian company hires him for a permanent job. Possessing a bachelor or graduate diploma makes the granting of the visa more probable. The Brazilian company must have 2 Brazilian employees in similar functions to every foreigner it hires for that function.

Should you or your company have any problems or questions concerning visas in your business in Brazil, do not hesitate to contact us for further information.

Brazilian (and Chinese) Business Law Trends for 2013.

This post, as many others, has been inspired by Dan Harris' China Law Blog.  The link to the original post is also at the bottom.

Interestingly, some China trends he mentioned are the opposite of the Brazilian legal trends on the same subjects. It invites comparison:

1. China will step up even further its crackdown on foreigners in China violating its visa/immigration laws. 

1. Brazil is set to make immigration easier, specially for specialized workers. Legal changes are expected to take place in March, 2013.

2. China will increase its efforts to root out and shut down illegal and unregistered foreign businesses. 

2. Brazil is not seeing any special movement on this area.

3. China will increase its tax collection efforts.

3. Brazil is already super effective in tax collection. What we are about to see, though, is an increase in the control and taxation of international service and software sales. The Brazilian Revenue Service has just put the "Siscoserv" in place. This system controls every international service transaction in the country. Personally, I see it as a harbinger of tax increase. After all, the government does not have much left to tax.

4. China: Litigation is increasing.

4. Brazil: Arbitration is increasing. The Brazilian courts are broken, and everybody knows that. Arbitration is the only safe harbor for international investors. 

Other trends that were not mentioned for China, but are relevant for Brazil:

5. Infrastructure regulation will remain uncertain, as the government sorts out how to fix the legal mess it made in 2012.

6. Regulatory compliance for consumer goods (toys, medicines, electronics) will soar. 
  As more and more imported products flow to the Brazilian economy, the pressure from the Brazilian industries will generate more and more non-tariff barriers to imports. It has just begun. 

What do you think?

China's Business Law Trends for 2013. Booorrring. | China Law Blog

Border control in Brazil

Today the blog is launching a new weekly column. We will be counting on the invaluable contribution from Ms. Gringa da Silva, a foreigner who lives in Brazil and has some sharp-witted remarks to make about the country. 

The law part of the Brazilian Law Blog will remain under my responsibility. But Ms. Gringa's comments will certainly add some flavor to the usual FDI, IOF, Taxation, Importation and other legal conundrums that we all have learned to love. 

Enjoy!

___________

Welcome to Brazil - Bem-vindo ao Brasil 

Ah, the first post. It's always so exciting to begin something new.

So, you are about to arrive in Brazil, good for you. Have you got your paperwork in order? Got your vaccinations in order? Is your passport pretty and neat and without marks? Did you fill out your customs declaration form correctly?

You are about to enter the realm of The Brazilian Border (insert Twilight Zone music here), which is controlled by the Federal Police of Brazil. (We will be revisiting them many times as time goes on, so we'll just leave the summaries for later.)

Good things to know:

1) It is illegal to be rude to a bureaucrat in Brazil.

2) You can be denied entry to the country for being inconvenient.

3) No one (you actually need to speak English) speaks English.

4) No one at the border cares who you are; though they might care what your football team is.

5) It will take a while, so make friends in the line, stay calm and whatever you do, don't be iconvenient.

6) The line will be long, the instructions will be confusing, and the pressure of your bladder will be annoying.

You cannot escape the visa requirements, the paperwork, the possible fees incurred and customs regulations while entering Brazil and if you try, you might be denied entry.

Don't be an idiot by attempting to buy your way in or insult your way in, unless you fancy spending time in jail and a swift deportation with a possible clause prohibiting your return.

Know what is needed before you land. Have it all ready and at hand, and for heavens sake, if your mother packed a salami in your luggage (they have salami in Brazil, mom) tell them about it, don't try to import it illegally.

The Federal Police have no obligation to let you in and the particular flavour of bureaucrat you are about to meet is just looking for reasons to say the dreaded words: Falta! (error/ offence/ irregular/ not allowed)

So, when you find yourself all smelly from that billion hour plane flight, full of the delicious food you were served on the plane and dreaming of a bathroom that is larger than a carry-on bag, stay cool, be calm and for heaven's sake, be polite.

On the caipirinha scale, the border crossing rates a 1.

Until next week, yours in the spirit of cachaça,

Ms. Gringa da Silva

All rights reserved © 2012 by Ms. Gringa da Silva (http://msgringadasilva.orgfree.com/)

The long and treacherous quest to get a work visa permit in Brazil

NOTE: Please also read about easier rules for work visas in Brazil.  If you already have a Visa and want to know how to obtain your documents when in Brazil, check this other post.

A foreigner who wishes to work in Brazil might think that the first explorers who courageously faced the deep forests of the country had an easier path than the one he is facing. Indeed, those who are not accustomed with our muscular, hulk-like bureaucratic processes might believe the jungle would be less of a challenge.

But however confusing this path may seem, it is the only legal and safe option for immigrants. Indeed, any foreigner who wishes to do any type of work in Brazil, including temporary or seasonal services, must obtain a work permit and a visa.

This is important: the Business visa (VITEM II), which is much simpler to obtain, is not sufficient for the person to perform any kind of services in Brazil (That is, a business visa is OK for a business trip, a dinner and exchanging cards, but not for performing any kind of work that is paid by a Brazilian, or any technical work hired by a Brazilian company)

So what exactly is the process for a foreigner to obtain a work permit and visa?

A foreword: work visas in Brazil are not granted easily. The Brazilian government is truly afraid of foreigners who come to “steal” Brazilian jobs. The pre requisites for the granting of a visa are strict, such as: minimum of 9 years of experience in the job, or a graduation diploma plus some experience, or a post-graduation degree. Some of those requirements are waived if the applicant comes from South America.

That said, please check the steps:

Firstly, the foreigner must define for which Brazilian company he will work. In practically all cases, the work permit must be requested by the hiring company. In short: get the job before you pack. There is no way of finding a job in Brazil under a tourist visa and then sort things out.

The second step is to prepare documents. This involves filling a couple of government forms, plus obtaining copy of several personal and company documents. So, be prepared for the paperwork

Beware that foreign documents are only valid in Brazil if the documents are previously notarized in their country and later legalized at the Brazilian consulate (notable exceptions are France and Argentina because of bilateral treaties they have with Brazil). Also, if the documents aren’t in Portuguese, they must be translated by a sworn translator in Brazil. (Translation is not cheap)

Accordingly, when considering how long it will take to get the visa, remember to account for the time necessary to notarize, legalize and translate all documents. Most of times, this adds 3 weeks to the process.

So, after all the documents are ready, step three is to do the actual filing of the work permit request before the Ministry of Labor, in Brasilia. This phase involves an electronic request, made through a website, and also the presentation of hard copies of the documents directly to the Ministry.

After the request for the work permit is filed at the Ministry, it is usually pre-analyzed in up to fifty days.

After the pre-analysis, the Ministry will inform if there are any missing documents. The process is halted until you provide them.

Once the documents are perfect, the visa enter the line for a definitive evaluation. That is when the procedure gets slow. One can hear stories telling of a waiting time anywhere from 30 days to 8 months.

Also, remember there is no official way for expediting the process, so if you are in a hurry, you should look for professional help.

At the end, even if it takes a while, the Ministry will make its decision. Let’s assume it is a positive one, so that we can move on (it the decision is for the denial of the visa, chances are the process will have to be repeated from the top)

Fourth and final step: requesting the visa.

Remember that, up to now, you were asking for the Brazilian Ministry of Labor to allow you a work permit. Now it is time to request the actual Visa (the stamp in your passport).

This visa request must be conducted at the Brazilian consulate in the foreigner’s country. Pay attention, you are back at your country now.

The price and extension of this process depends on the foreigner’s country of residence. The Brazilian Ministry of Foreign Relations adopts a reciprocity approach to visa matters. What this means in practice is that if a Brazilian can easily get a visa to your country, you’ll probably face no difficulties in obtaining one, but the inverse rationale also applies.

In practical terms: Canada will issue the Visa in no time. Other big economies won’t be so expeditious.

In the end, legally immigrating to Brazil is a true quest – all you can do is prepare and hope to have a bit of luck in the process.

But luck only works if you’re prepared, so talk to your contracting company, carefully prepare all the right papers, take the measures to legalize and translate them and, most importantly, don’t hesitate to look for professional help.

REALLY, don’t hesitate to look for professional help. I’m always amazed to find that people try to do all by themselves

In the next days we will provide a quick overview of the most common types of work permit and what documents are usually required by the Ministry.

When marriage ends what happens to the foreigner's permanent visa in Brazil?

I have been following this interesting discussion at the Gringoes forum, an internet debate place for foreigners who live or want to know more about Brazil. You may check it at:

http://www.gringoes.com/forum/forum_posts.asp?TID=13882&PN=2

Here is my answer to the question posted  by one of the members

"Hello,

I have been following this discussion with interest, because the issue is controversial even among lawyers.

In my opinion, Dunga's comments are closer to reality.

Fact is, no  Visa is permanent. They are just called Permanent, but they could be called "Long term" as well. For instance: permanent visa due to investment may be revoked if the investment is repatriated.

Also, there are sovereignty aspects to the granting of visas.

In legal terms: any visa is subject to the special conditions that may be required by the National Immigration Council.

In this sense:

Estatuto do estrangeiro:

Art. 17. Para obter visto permanente o estrangeiro deverá satisfazer, além dos requisitos referidos no artigo 5º, as exigências de caráter especial previstas nas normas de seleção de imigrantes estabelecidas pelo Conselho Nacional de Imigração.

On the other hand, current visa owners could say that their Visa is already an "ato jurídico perfeito", or acquired right, that could not be revoked due to future regulations.

In practice, when it wants to, Government will just issue and enforce  new regulations in spite of the "ato jurídico perfeito". Conflicts are solved in court.

So, in conclusion:

Getting divorced does not imply immediate loss of the Permanent Visa.

But,

The government may, at any time, create regulations that restrict the rights of current visa owners. For example, demanding proof of marriage to be presented every year, subject to Visa cancellation. (note that this is hypothetical. Such rule does not exist, at least yet).

This would create a juridical problem that might result in the Visa cancellation, subject to an administrative (and maybe judicial) procedure where the foreigner's conduct and adherence to any regulations would be evaluated.

However, in spite of the visa cancellation being a theoretical possibility, truth is it is not common."