Employment Based Visas and other temporary visas to Brazil
Tourist Visa to Brazil
The tourist visa is granted to people who wish to enter Brazil for tourism or to visit friends or relatives. The trip can not be made for the purposes of immigration, neither may the holder of such a visa work in Brazil or receive remuneration of any form. For example, someone coming to Brazil on a business visit or to attend a professional congress should apply for a visa for this express purpose.
When the tourist arrives at the airport or other point of entry in Brazil, he will normally receive permission to stay for 90 days (depends on the bilateral agreements signed between two countres), which can be extended once for an equal period of time. To extend the visa, a petition must be made to the Federal Police Department before the initial visa expires. The tourist must demonstrate means of support for the subsequent 90 days, and hold a valid return ticket.
Making a short visit as a non-tourist
Business trips and attendance at fairs and congresses are covered by a non-resident short-stay business visa similar to a tourist visa. Some businessmen do in fact travel and enter Brazil on tourist visas, and while frequently this may go unnoticed they are always running the risk that their visa status may be questioned. Officially speaking, a businessman entering Brazil with a wrongly-declared tourist visa risks being refused entry and forced to fly home on the next plane. The short-stay business visa is appropriate for the following purposes:
- Making business contacts, interviews, demonstrating samples, negotiating, etc.
- Evaluating markets;
- Making preparatory contacts that may or will lead to establishing a company in Brazil;
- Attending fairs, congresses, etc.
- Speaking at congresses, seminars, etc (without payment in Brazil).
Temporary Residence Visa to Brazil
Brazil issues temporary residence visas under a number of specific circumstances. These have differing durations but have certain features in common - they involve considerably more bureaucracy than the simple tourist or business visas, they entitle the visitor to bring in household items, although with the requirement to re-export them on departure. Also, they are issued for a specific activity and limit the holder's ability to change jobs once in the country. The principal situations in which a foreigner may apply for a temporary residence visa are:
- For a cultural trip;
- As a professional entertainer or sportsman;
- As a welfare worker;
- As a student;
- As a business executive, scientist, teacher, technician or other professionally qualified person, under contract or rendering services to a company in Brazil, or to the Brazilian government;
- As a foreign correspondent for a newspaper, magazine, radio, television or news agency;
- As a minister of religion, member of a consecrated order or equivalent.
Holders of any temporary visa with a validity period of over 90 days must register with the Federal Police within 30 days of their entry into Brazil. They will be issued identity documents to be used during their stay. This registration can be effected only once the foreigner is in possession of the authorization for temporary residence, issued by the Brazilian Consulate abroad.
Where the visa is for a business executive, scientist, teacher, technician or other professionally qualified person who will be under contract or rendering paid services to a company in Brazil, or to the Brazilian government, ou without the employment contract, the company in Brazil initiates the procedure by applying to the Immigration Division of the Ministry of Labor. If the application is approved the documents are forwarded via the Foreign Ministry to a designated Brazilian Consulate abroad, where the potential employee will complete the remaining bureaucratic steps of the process.
For temporary work visas appropriate to the majority of businessmen, the following regulations apply:
Applicants who will be formally employed in Brazil will be required to demonstrate suitable educational qualifications and/or work experience. Where the applicant holds a degree from a recognized university, he will be required to present his diploma and proof of two year's relevant work experience. Where the applicant does not hold a degree, he must demonstrate at least nine years' formal education and three years' work experience.
Note that Article 352 of the Consolidation of Labor Laws provides that all industrial or commercial corporations with three or more employees must maintain a minimum of two-thirds of Brazilian employees in their work force. The same applies to the total payroll - the salary paid to foreigners may not exceed 1/3 of the total payroll. Exceptions are (a) foreigners who have lived in Brazil for more than 10 years and have a Brazilian spouse or offspring, and (b) Portuguese citizens.
Applicants who will not be formally employed - for example, those providing a contractual paid service - must provide suitable documentary evidence of the relationship. However, a longstanding requirement that such contracts must be registered as formal technology transfer deals with the National Institute for Industrial Property is required. This category includes persons working under exchange agreements or similar arrangements.
Note that university degrees, other educational diplomas, letters from current or former employers and all other such documents must be notarized in their country of origin and then presented to the Brazilian Consulate in that country for re-notarization by Brazilian authorities. Applicants are cautioned to allow plenty of time to complete the process.
If you plan to immigrate to Brazil you may wish to contact us for consultation where we'd be able to provide with professional advice on your chances and opportunities and explain in great details the necessary steps to be taken.
Our e-mails :
a.solange (a) advogadogoiania.com.br
ceo ( a ) advogadogoiania.com.br
Immigration Lawyer providing legal services for
individuals throughout all territory of Brazil.