Brazil immigration
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 Posted: Thu Feb 02, 2006 4:50 am Post subject: VISA TO BRAZIL / BRAZIL VISA GUIDE |
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Immigration to Brazil Guide
This section of our web site offers information on Brazil Permanent Residence visa and Brazil Temporary Residence visa, Brazil immigration law and regulations, Brazil immigration news, Brazil job links and employment resources. The aim of this web page is to provide potential immigrants to Brazil with detailed and complete Brazilian immigration information, Brazil immigration assessment, Brazil immigration consultation and general knowledge on the benefits, which Brazil offers to its residents. Brazilian immigration resources include information on the Brazil Immigration Visa, Brazil Retirement Visa, Brazil Work Visa, Brazil Marriage Visa, Brazil Family Visa, Brazil Business Visa, Brazil Investor Visa and Brazil Student Visa.
Prior to 1755 the Portuguese sent prisoners, degredados (exiles) or indesejáveis (undesirables) to its colonies, and prior to 1808 the Portuguese limited immigration to Brazil to Portuguese nationals. After 1808, Brazil opened its ports to international commerce and began to encourage immigration.
It was not until the law of 1871, when the Lei do Ventre Livre (Law of Free Birth) freed all newborns of slaves, and the law of 1888, Lei Áurea (Golden Law), which freed all slaves, that many Europeans saw the opportunity to immigrate and better themselves in a nonslavery environment. These laws forced the plantation owners (fazendeiros) to look to other sources for laborers. Therefore, in 1890s they organized the Sociedade Promotora de Imigração (Society for the Promotion of Emigration) to promote immigration.
From 1808 to 1940 immigrants came to Brazil from over 50 nations all over the world; most were from Portugal, Italy, Germany, Switzerland, Austria, Japan, Russia, France, Spain, Turkey, the British Isles, and other South American countries. This wave of immigration was caused by political and financial conditions and by work opportunities on the plantations. Many settled in the states of São Paulo, Minas Gerais, Paraná, Rio Grande do Sul, Santa Catarina, and Rio de Janeiro.
The immigrants hailing from Europe, the Middle East and Asia (Portuguese, Italians, Spaniards, Germans, Jews, Syrians and Lebanese, Japanese) all made a major contribution to the ethnic make-up of the Brazilian people, especially in the Centre-South and South of the country. Added to the mix of Indians and Negroes, Brazil has inherited a diversified ethnic stock with values and outlooks that vary from one segment to another within the confines of a single, shared nationality.
TEMPORARY VISA
Tourist Visa
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, 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
Brazil issues temporary residence visas under a number of specific circumstances. These have differing durations (see “Length of stay” below) 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 sem vínculo de emprego, 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.
PERMANENT VISA
Immigration visa to Brazil will be granted only to applicants who satisfy the special requirements established by the Brazilian National Immigration Council or the Ministry of Labor. In principle, there are seven cases in which a foreigner can obtain a permanent residence visa to Brazil:
The administrator, manager or director of a professional or business corporation
This category is designed to cover inter-company transfers. Thus, the applicant must already be employed outside of Brazil by the parent company or by an affiliate or subsidiary of the company that proposes to employ him inside Brazil. However, there is no minimum time for that previous employment. Necessary documents for the first step will include:
* Proof that the applicant is employed outside Brazil by the parent company, or an affiliate or subsidiary of the Brazilian hiring company;
* A demonstration that the Brazilian company is bringing in specialized labor that will transfer technology, increase productivity and/or bring social benefits;
* Proof that the company outside of Brazil or its parent has effected total foreign-capital investments of at least US$ 200,000 in the employing company in Brazil for each visa requested.
Administrator, manager or director of a start-up company
Planned and recent start-up companies may apply for a maximum of three visas, essentially for the executives who will get the operation off the ground. The following conditions will apply:
* Proof that the non-Brazilian company has been in business outside of Brazil for at least five years;
* Power of attorney granted by the foreign investor to its new legal representatives for the purposes of setting up the company in Brazil;
* A visa of this type will be issued initially for two years. The applicant company must demonstrate that after this period it will be able to meet the minimum investment or job creation criteria laid down for transfers to an established company (see above).
Investor
A foreigner who intends to remain permanently in Brazil and will invest foreign funds in productive activities, so absorbing or training specialized labor. This category was planned for those foreigners who wish to invest funds (minimum of US$ 50,000) in any kind of productive activity in Brazil. This kind of permanent visa is issued conditionally for five years. Before this period ends, the foreigner must show to the Federal Police that he accomplished with his plan of absorption of Brazilian employees and his investment plan so his visa can be re-validated.
A researcher or high level specialist
The applicant must supply:
* A document from a Brazilian research institution manifesting its interest in the services of the researcher;
* A curriculum vitae and appropriate academic references and diplomas.
Retiree
A retired foreigner, over 50, who will transfer to Brazil the monthly equivalent of at least US$ 2,000. There is no limit to the number of dependents who may also receive permanent residence visas, but the main applicant must provide proof that they are genuine dependent relatives, as defined in Brazilian law - see Res. 4 of the CNI (National Immigration Council).
The main applicant must prove he has a pension of at least US$ 2,000 a month. This will entitle him to visas for himself and two dependents. The applicant must demonstrate an additional US$ 1,000/month for each additional dependent, over and above the two already mentioned, and must supply, amongst other things:
* A statement from the foreign agency responsible for paying his retirement pension, informing the total monthly sum of the benefit;
* A bank declaration authorizing monthly transfer of at least US$ 2,000.
Marriage to a Brazilian citizen
This case is covered by a resolution of the National Immigration Council. A permanent residence visa is granted to foreigners married to Brazilian citizens. Application is made to the Ministry of Justice (normally via regional Federal Police offices, which represent the ministry at a State level) or to a Brazilian consulate abroad. Evidence (e.g. marriage certificate, statement from witnesses) should be presented of the matrimonial union. Immigration officials will effect a surprise visit to the couple's home to make sure that the relationship is not a "marriage of convenience" that has the principal purpose of fraudulently obtaining a residence visa.
Foreigner with Brazilian offspring
This case is covered by a resolution of the National Immigration Council. A permanent visa is traditionally granted to the foreign parent or parents of a Brazilian child. Application is made to the Ministry of Justice (normally via regional Federal Police offices, which represent the ministry at a State level) or to a Brazilian consulate abroad. The offspring should be economically dependent on the foreign mother or father and be under the guardianship of the applicant.
Immigration to Brazil could be tough and lengthy process if you are not familiar with the laws and regulations. It is further complicated by the fact that the immigration authorities in Brazil barely speak English and all instructions are in Portuguese.
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.
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