Expatriate Forums in Brazil

Brazil Info · Joined: 01 Dec 2006 Posts: 15 Home Country: brazil

WORK PERMIT IN BRAZIL

In general, a foreign applicant (the "employee") assigned to work in another country must evidence a degree of proprietary knowledge, specialized skills, or managerial/executive-level skills that are not readily available in the destination country's domestic labour market. In addition, minimum formal education and professional experience requirements apply (actual requirements will depend on the type of authorization).

The following is a general summary of the types of employment visa categories that are common to corporate, international transfers into Brazil.

"Regularization" of immigration status from Visitor status to Work Status

A foreign national employee may NOT convert his or her immigration status from a Visitor status to Work status while remaining in Brazil. The employee can be present in Brazil while the work permit application is being processed; however, the employee will not have authorization to work. Once the work permit application is approved, the employee MUST obtain his or her work visa from a Brazilian consular post.

Types of Work Visas

The major types of Brazilian employment visa categories are as follows:

A) Temporary V Visa (read "Temporary 5 Visa") – Labour Contract for intra-company transferees transferred to an affiliate Brazilian entity or for the local hire of a non-Brazilian worker (specialized knowledge, managerial-level);

B) Temporary V Visa – Technical – for transfer of technical/specialty skilled personnel between related or unrelated companies (such as a Brazilian client);

C) Permanent Visa – for transfer of senior-executive level employees who will exercise Power of Attorney on behalf of a Brazilian company;

D) Temporary V Visa – Technical (90 days) – for short-term transfer of technically skilled labor to either a Brazilian affiliate or a Brazilian company;

E) "Emergency" Temporary V Visa – Technical (30 days) – for emergency situations or to provide critical assistance (restore computer systems after a technical crash, interruption of business due to natural disasters, etc.)

Note: For the purposes of this summary, the "Temporary V-Labour Contract" visa based on the scenario of an intra-company transfer will be addressed.

The General Process

A Brazilian corporate sponsor is required to prepare a work permit application on behalf of the employee. The work permit application is filed with the Brazilian Ministry of Labour. Once the work permit application is approved by the Ministry of Labour, the approval is published in the Brazilian legal newspaper (the "Diario Oficial ") and the approval is sent to the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs will instruct the Brazilian consular post to issue the visa. The appropriate consular post with jurisdiction over the application is usually determined by either the employee's country of citizenship or the employee's country of legal residence.

Basic Requirements to Qualify

To qualify as a sponsor of a Temporary V Work Permit, the basic requirements for the Brazilian company and the assignee are as follows:

1. The total number of Brazilian workers in the Brazilian entity must be twice the aggregate total number of foreign workers working for the Brazilian entity;

2. The total salary of all Brazilian nationals working for the Brazilian entity must be at least twice the aggregate total salary paid to all foreign nationals working for the Brazilian entity;

3. The Brazilian entity must be duly registered with the Brazilian Commercial Registry Office and evidence that all corporate income taxes are paid;

4. The employee must possess at least one year of direct, relevant professional experience, along with a university-level degree. In lieu of a university degree, the assignee must possess at least nine year's of formal education and at least two year's of relevant professional experience; and

5. The employee will be considered a Brazilian-based employee by virtue of executing a Labour Contract with the Brazilian company. Some portion of the employee's global salary must be paid by the Brazilian company.

Brazilian Corporate Documents Required for Work Permit

The sponsoring Brazilian employer must present the following documents:

a. Articles of Incorporation;
b. Foreign Investment Certificate from the Central Bank;
c. Proposed salary and benefits of foreign employee in Brazil;
d. Last salary received outside of Brazil by the foreign employee;
e. If foreign employee will continue to receive any salary from abroad, provide the amount;
f. Confirmation of health insurance coverage provided for employee and family members;
g. A labour contract signed by a Brazilian legal representative of the company.

Home Company Corporate Documents

a. Notarised and legalised letter of employment certifying that the employee possesses at least one year of professional experience (if the foreign national possesses a university diploma). This letter must be legalised by a Brazilian Consulate;
b. Notarised Salary Attestation certifying the employee's annual, base salary paid immediately prior to transfer to Brazil;
c. Confirmation that the employee's proposed salary in Brazil will be higher than the employee's salary earned outside of Brazil.

Employee and Family Documents

a. University degree/transcripts (or a notarised copy) legalised by the appropriate Brazilian Consulate.
b. If the employee does not possess a university degree, present a legalised letter from employer attesting to two years of experience;
c. Simple photocopy of employee's and each family member's passport identification pages;
d. Labour Contract signed by the employee.

General Processing Times

The normal time to assemble the corporate and employee's personal documentation is approximately three to four weeks.

Once the work permit application is signed by a Brazilian company director and filed with the Ministry of Labour, processing of the application by the Ministry will take at least 30 days.

Validity of the Work Visa

The Temporary V Work visa is generally valid for an initial period of two years, with a single, two-year extension possible. Therefore, the maximum validity of the Temporary V Work visa is four years.

Documents Required to Apply for a Work Visa

Once the Brazilian Consulate receives approval to issue the employee's and accompanying family member's visas, the employee and each accompanying family member generally must submit the following documents when applying for a Temporary V visa:

1. Original passports valid for at least six months containing at least two, blank visa pages;
2. Criminal records report for all applicants 18 and older;
3. Two passport style photographs for each applicant;
4. Marriage certificate issued within the last three months;
5. An original birth certificate, for each minor child, evidencing both parents' names;
6. Polio Vaccination Record for children 6 years of age and under;
7. Proof of residence in the consulate's jurisdiction (driver's license, recent utility bill);and
8. The required application fee.

Note: Each Consulate may have slightly or widely different document requirements. It is best to check these application requirements with the Consulate once the Consulate has confirmed receipt to issue the work visa.

Registration for Residence Permit, Tax Card and Employment Book

Once the employee (and family) arrive in Brazil, the employee (and each family member) must apply for a Residence Permit ("RNE"). Applications must be submitted to the local Federal Police Department in the place of residence in Brazil.

In addition, the employee must apply for a CPF (Tax) Card and an Employment Book (Carteira de Trabalho) in order to be assigned to the Brazilian company's payroll.

Timing Restriction to Register: The RNE and CPF cards must be registered within 30 days of the employee's and each family member's arrival into Brazil.

Family and Dependents

Spouse and Children
The accompanying spouse and children should be named on the application of the employee's work permit application, as the Ministry of Labour will approve the employee and family members together. Once the work permit application is approved, the family's visa applications can be filed simultaneously with the employee's visa application.

Unmarried Partners (Opposite-Sex)
As of October 1999, long-term, unmarried partners of the opposite sex are eligible for spousal status after review by Brazilian immigration authorities. Proof of extended co-habitation is required in such cases.

Approval of these types of visas, called "Concubine" visas, occur on a highly discretionary basis, and may take several months to process.

Unmarried Partners (Same-Sex)
As of December 2003, long-term unmarried couples of the same sex are eligible for spousal status after review by Brazilian immigration authorities. Proof of extended co-habitation is required in such cases.

Approval of these types of visas, also called "Concubine" visas, occurs on a highly discretionary basis and may take several months to process.

Ability to Work
Spouses, dependents and unmarried partners are not granted immediate work authorisation as a derivative status of the employee. Spouses, dependents and unmarried partners must obtain their own work visas in order to secure employment in Brazil.

peachesontour · Joined: 31 Jan 2007 Posts: 1 Home Country: newzealand

I am an Engineer but have been in Brazil for well over a year teaching English on a Temporary V Work Visa. I had accepted this as a good way to learn the language and get myself legal here. When I recieved the visa I was told I couldn't work for anybody else unless I left the country and got another company to apply for a new visa. Not quite what I wanted to hear.

I have been doing a bit of research and found out that there is a process called "Mudança de Empregador" which you apply for through the DPF (Federal Police) and is actually approved by the Ministry of Justice.
http://www.mj.gov.br/Estrangeiros/mudan%E7a_de_empregador.htm
This process allows you to change your visa from one company to the next provided the company that initially applied for your visa agrees, and states in writing that they no longer need your services.

However, despite calling the Ministry of Justice (61) 3429 3232 various times and talking to several companies that specialize in getting gringos visas, I can't seem to get coherent information. Everyone seems to contradict each other.

What I have found out though is that the process takes 3-4 months to be approved and you have to stay working at the original company during that time. There is no temporary "Protocolo" to work with. You have to stay put at the old company until the change comes through. I had been offered a job with a big multinational company but they told me if I couldn't start work within 20 days they would find somebody else.

Talking to the Ministério do Trabalho (Ministry of Labour) I had someone tell me once that I could cancel my visa and apply for another one without leaving the country. Sounds dodgy, and expensive. Does anyone know anything about either of these two processes, or has anyone actually done them before?

My 20 days are gone now, so I'm just trying to sort things out for the next job offer.

Any information appreciated.


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