By Peregrine

On 22 December 2017, the National Immigration Council published further Normative Resolutions regulating residence authorisation for foreign professionals. The key changes relate to residence authorisation for intra-company training.

Please see our alert of 11 December 2017 for details of the previously-published Normative Resolutions.

In addition, on 26 December 2017 the Ministry of Foreign Affairs published a new rule which requires applicants for initial or extension residence authorisation who wish to exit and re-enter Brazil to obtain a visitor visa while their residence application is pending.

Residence Authorisation

Professional training at head office of Brazilian-owned multinational

Resolution 18/2017 replaces Resolution 79/2008, and regulates residence authorisation for an employee of a Brazilian-owned multinational company to undergo training in the management methodology and corporate culture of the Brazilian head office, while remaining on home-country contract and payroll.

This visa is valid for a maximum stay of two years, and is non-renewable (previously it was renewable once for up to another two years).

Intra-Company Training

Resolution 19/2017 replaces Resolution 87/2010 and regulates residence authorisation for an employee of a multinational company to undergo training at the Brazilian subsidiary, branch office or head office, while remaining on home-country contract and payroll.

This visa is valid for a maximum stay of two years (previously the maximum was one year) and is non-renewable. A simplified training plan is now required in support of the application (previously this was not required).

Visitor Visa in Exceptional Situations

Among the exceptional situations listed in Ordinance number 1001/2017 for the granting of a single-entry, 90-day Visitor Visa, applicants for initial or extension residence authorisation who wish to exit and re-enter Brazil while their residence application is pending are now required to obtain a visitor visa.

Previously, applicants in this situation could exit and re-enter Brazil with an initial residence request protocol, or an extension of residence request protocol plus an expired RNE (Registro Nacional de Estrangeiros) card. This previous system led to problems for some foreign nationals in this situation.

Action Items

  • Employers who would like further clarification of any aspect of the recent changes to the immigration rules in Brazil should contact their immigration specialist.