February 22, 2012

During the week of February 13, 2012, the Ministry of Justice (MOJ) announced that that it will resume processing of all employment agreement visa (Normative Resolution #80 or NR#80) renewal applications filed prior to November 23, 2011 as single, two-year extensions.  NR#80 visa renewal applications filed with the MOJ prior to November 23rd will be processed as two-year “conditional permanent residence” visa applications.

What’s Changed?

As a follow up to our recent client alert (http://www.pro-linkglobal.com/uploads/immigration_alert/GLOBAL%20BRIEF_BRAZIL_20%20JAN%202012.pdf), the MOJ will observe traditional renewal of NR#80 visa renewal applications filed with labor contracts valid for an indefinite period.  While labor contracts are valid indefinitely, NR#80 visas will only be renewed for an additional two years for a maximum validity of four years.  Dependents receiving renewed NR#80 visas will be ineligible for derivative work authorization.

NR#80 visa renewal applications filed prior to November 23, 2011 will be issued as two-year “conditional permanent residence” status.  The conditional residence will remain tied to the original Brazilian company sponsor and family dependents receiving conditional permanent residence status will be eligible for derivative, unrestricted Brazilian work authorization provided the principle applicant remains in valid status.

ACTION ITEMS FOR EMPLOYERS

After much contention between the MOJ and the Brazilian Ministry of Labor, the Brazilian National Immigration Council has mandated that the MOJ resume issuing traditional two-year renewals of NR#80 visas.  For those assignees having applications filed prior to November 23rd, their conditional permanent residence status will remain tied to the Brazilian company according to the conditions of the employment agreements filed with the MOJ.

Please note that NR#80 visa renewal applications will require Brazilian companies to submit employment agreements valid for an indefinite period and not for a two-year period.

Assignees requiring renewal of their NR#80 visas should file their renewal applications with the MOJ no later than 90 days prior to expiration.  Assignees filing their renewal applications within 30 days or less of expiration will face an administrative fine.

As a good practice measure, Brazilian companies and assignees are advised to file renewal applications at least six to eight months in advance of the primary status expiration, as backlogs with MOJ are not uncommon.

This news alert was provided in coordination with our Brazilian KGNM–Overseas Consultoria.

Caveat Lector | Warning to Reader

This content is provided for general information purposes only and does not constitute legal advice or final guidance for any immigration matter. Readers are reminded that a country’s immigration laws and requirements may change with little to no advance public notice. Questions regarding specific immigration matters should be addressed to your Pro-Link GLOBAL specialist.