April 24, 2013
Today, the new Normative Resolution 100 (NR #100) pertaining to 90-Day Technical Visas (Resolução Normativa do Conselho Nacional de Imigração nº 100 de 23 de Abril de 2013) has now been published in Brazil’s official Legal Gazette, the Diario Oficial (http://sintse.tse.jus.br/documentos/2013/Abr/24/resolucao-normativa-no-100-de-23-de-abril-de-2013).
Effective May 9, 2013, the Normative Resolution 61, 90-Day Technical Visa (NR#61, 90-Day Visa) category will cease to exist and all 90-Day Technical Visas will be adjudicated by Brazilian consular posts using the guidelines established under NR#100 (NR#100, 90-Day Visa).
What is the “90-Day Technical Visa”?
According to the definition of the Brazilian Ministry of Foreign Affairs (ITAMARATY), technical visitors are “a foreign citizen that that is not employed by a national (i.e., Brazilian) firm and enters Brazil in order to render assistance during an emergency situation, for technological transfer or technical assistance purposes during the contractual period of a cooperation agreement or convention signed between legal Brazilian and foreign entities, can be granted a non-extendable work permit and a temporary visa..”
Prior to the NR #100, Brazilian host companies were required to file a work permit application with the Ministry of Labor (MOL). Uncontested work permit applications were processed between 30-45 days and visa authorizations forwarded to a Brazilian consular post.
Effective May 9, 2013, the Ministry of Labor will no longer pre-approve NR #100, 90-Day Visas. These applications are to be filed directly with the Brazilian consular post having jurisdiction over the applicant’s country of citizenship or place of legal residence.
Prior to May 9th, all 90-Day Technical work permit applications filed with the Brazilian Ministry of Labor prior will be adjudicated under the NR #61 provisions.
General Conditions Stay for the NR#100, 90-Day Visa
NR #100, 90-Day Visas will not be extendable in Brazil and are to be granted only once within a 180-day period. (It will remain to be seen if applicants can apply for successive or “back-to-back” visas within a given 180-day period.)
Dependents will not receive derivative status and must apply for either a Tourist (“VITUR”) visa or, for visa-exempt nationals, enter Brazil as Tourists.
In cases where the Brazilian Federal Police, or an audit by the MOL, verifies that Brazilian national workers are being replaced, or that there is evidence of on-going employment bonds between the foreign workers and the Brazilian host company, the Ministry of Labor may cancel the visa.
All NR#100, 90-Day Visa holders are required to arrange for residence registration (RNE) with the local Federal Police within the first 30 days of their arrival in Brazil.
ACTION ITEMS FOR EMPLOYERS
NR#100 represents a major shift in how the Brazilian Government views short-term assignments benefitting its national economy.
Over the past decade, work conducted in performance of contract for equipment and services purchased outside of Brazil required the MOL’s approval and required Brazilian host companies to undertake onerous applications.
Companies and assignees will be pleased that the MOL’s involvement is no longer required and, that on or after May 9th, assignees can submit their 90-Day Technical Visa applications to the Brazilian consular post.
Given this considerable change in policy, the ITAMARATY has not yet published definitive visa application guidelines, nor have the Brazilian Consulates indicated official changes in their local post’s visa application requirements.
- Brazilian company HR should be in touch with their Brazilian immigration suppliers as soon as possible to understand which assignees will continue to be processed under the NR #61 provisions, and those that can request appointments for submitting their visa applications on or after May 9th.
- Most Brazilian consular posts will require either a pre-arranged personal appointment by the applicant or filing via an authorized visa filing agent.
- For Brazilian consular posts requiring online applications, these are generally submitted via the ITAMARATY’s online application and appointment system(SCEDV)
- Companies and assignees alike are advised that the consular posts may be inundated with applicants vying for appointments to file their 90-Day Technical Visa applications. As the consulates themselves have not yet established their specific guidelines, the first wave of applications may be refused for lack of documentation or consular staff may be hesitant to approve visas.
- During May and June, companies should build in flexibility with their clients and/or their Brazilian affiliates needing overseas technical expertise when initiating new projects or servicing existing projects.
- Companies with ongoing rotational assignments and those assignees waiting to depart for scheduled projects in Brazil after May 9th are strongly encouraged to work the Pro-Link GLOBAL and/or their Brazilian immigration suppliers to determine appropriate visa application strategies.
- Documentation is required from the Brazilian host company. While final guidelines are not yet published, for the initial wave of applications, Brazilian HR should be prepared to forward the following:
Brazilian company’s Federal Tax Receipt;
Brazilian Invitation Letter describing the specific duties to be performed;
Either the Brazilian or the sending company HR should forward a clear copy of the sales invoice for equipment purchased outside Brazil or a Sales/Services Agreement confirming the services to be performed. These should be valid periods of warranty or service (no expired contracts).
Please note that it is not yet confirmed if all or certain consular posts will require more or less documentation. Of note, some consulates may accept a scanned Invitation Letter while others may require an original letter notarized by a Brazilian Notary Public.
Please be advised that Pro-Link GLOBAL will update any changes to protocols and requirements as the ITAMARATY makes future, official announcements.
Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Glenn Faulk, Senior Manager, Knowledge Management. Pro-Link GLOBAL worked with our PLG | ISP Correspondent Office in Brazil to provide you this update.
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