Country Profile: Brazil

Transcription

1 Intrductin This cuntry guideline prvides general infrmatin n the mst cmmn crprate immigratin prcesses fr Brazil. Please nte that immigratin prcesses in every cuntry are subject t frequent change, and als that each case is assessed n its wn merits. Therefre, this guideline shuld be taken as prviding general infrmatin nly. Cases int Brazil are handled by ur Americas Glbal Case Management ffice in Hustn, Texas. Fr specific, detailed advice, please cntact yur representative. This guideline is divided int the fllwing sectins. Please click n the links belw t be taken directly t the relevant sectin. 1. Immigratin Categries 2. Typical Prcess Overview 3. Typical Dcuments Obtained 4. Renewal 5. Deregistratin 6. Dependents 7. Applicatin Materials 8. Business Visitrs 9. Change f Status 10. Salary and Payrll 11. Qualificatins 12. Red Flags 13. Penalties fr Nn-Cmpliance 14. Bilateral Agreements Immigratin Categries A brief descriptin f crprate immigratin categries by assignment type fllws. The apprpriate immigratin categry r status fr emplyees will depend n their specific details and infrmatin abut the cmpany invlved. The mst cmmn categry fr crprate transfers in ur experience is the Vitem (V) Wrk Visa with Lcal Cntract. Fr details n nn-typical categries nt listed belw (investrs, special prgrams), please cntact yur representative. Vitem (V) 90-day Technical Visa: Includes individuals traveling t Brazil fr a perid f up t ninety (90) days. Currently this visa type can be btained directly at a Brazilian missin, and des nt require Ministry f Labr apprval. Vitem (V) One (1) Year Technical Visa: Includes individuals traveling t Brazil fr a perid lnger than ninety (90) days and up t ne [1] year, wh wuld prvide technical assistance f any kind, install equipment, prvide training in a subsidiary, amng ther activities. Vitem (V) Tw (2) Year Wrk Visa with Lcal Cntract: Under this visa, a prtin f the salary must be paid in Brazil. Page 1

2 Vitem (V) One (1) Year Trainee (Intra-cmpany Trainee) Visa: This includes individuals ging t receive training fr up t ne (1) year in a subsidiary r affiliated cmpany in Brazil. Applicants remain n hme payrll. VIPER Permanent Visa (Administratr/Legal Representative Visa): This includes Directr-level executives traveling t Brazil under a lng-term wrk cntract, wh will serve n the Bard f Directrs f the Brazilian cmpany. Temprary/Permanent Residence (MERCOSUR/Family Reunin): This includes individuals wh have familial link with Brazilian natinals, r wh have a reginal (MERCOSUR) natinality that allws residence in Brazil. Typical Prcess Overview The fllwing prcess verview is applicable t all Vitem (V) wrk visa categries that require Ministry f Labr Apprval. Apprximate verall prcessing time frm the time the first step is submitted t the time the emplyee may wrk legally in Brazil is six (6) t eight (8) weeks. Hwever, nte that lead time fr dcument gathering at the nset f the prcess shuld be factred in, as shuld prcessing time fr cmpletin f pst arrival prcesses. In Brazil, the dcument gathering stage f the prcess can be labr intensive depending n the specifics f the case. Many dcuments may need t be legalized and all must be translated prir t submissin. We can assist with this if required. See the Applicatin Materials sectin belw fr further details. Average prcessing time fr each individual step is nted belw. Step One: Ministry f Labr Applicatin Prcessing Time: Apprximately thirty (30) t frty-five (45) calendar days After the necessary persnal and crprate dcuments have been prvided, the applicatin and supprting dcumentatin are filed with the Brazilian Ministry f Labr n behalf f the client. The apprval ntice is sent t the relevant Brazilian Cnsulate in the hme cuntry. Step Tw: Visa Applicatin Prcessing Time: Five (5) t thirty (30) calendar days, depending n cnsular jurisdictin and visa type The visa applicatin may require a persnal appearance depending n cnsular jurisdictin and visa type. Step Three: Lcal Registratin and Identificatin Card Prcessing Time: Lcal Registratin appintment is required t be scheduled within thirty (30) days f first entry t Brazil; lcal ID card issued apprximately nine (9) t twelve (12) mnths later. After arrival, the assignee may start wrking. Registratin with the Federal Plice must be cmpleted and an identity card btained. This step is required fr all visa categries ther than business/ visitr status. The receipt f ID card applicatin serves as evidence f legal residence. Emplyees wh will be placed n Brazilian payrll shuld als secure a taxpayer ID number and Wrk Bklet frm the reginal ffice f the Ministry f Labr. Page 2

3 Typical Dcuments Obtained By fllwing the applicatin prcess described abve fr a Vitem (V) visa, the fllwing immigratin dcuments will be btained. Typical validity is nted next t each dcument name. Fr details n the renewal prcess, please see the next sectin, Renewal. Vitem (V) Visa: Up t tw (2) years, depending n specific visa btained ID Card: Validity aligned with the Vitem (V) Visa Renewal Renewal, and in sme cases transfrmatin f visa type, is pssible fr all wrk visas in Brazil except the ninety (90) day Technical Wrk Visa categry. Typically wrk visas (and respective dependent visas), fr thse under emplyment cntract with a Brazilian cmpany, are issued with an initial validity f tw (2) years. Currently, Brazilian immigratin authrities allw fr the transfrmatin f a Vitem V Wrk Visa with Lcal Cntract t a Permanent Visa after the freigner has cmpleted tw (2) years with the visa. Other requirements must be met t qualify. Renewal and transfrmatin prcesses typically take twelve (12) t eighteen (18) mnths t be apprved and shuld ideally be filed three (3) mnths prir t expiratin. Please allw an additinal thirty (30) days lead time fr dcument gathering. There is n disruptin t wrk r residence as lng as the applicatin is filed prir t the expiratin f the current visa. It may be necessary fr nn-visa waiver natinals t btain a cnsular visa fr travel int Brazil during the perid that their renewal/transfrmatin prcess is nging. Deregistratin T ensure that assignees leave Brazil after the expiratin f their permissin t stay and t mnitr the number f freign wrkers in the cuntry, the gvernment f Brazil requires Deregistratin f departing freigner. A petitin signed by the cmpany and stating that the emplyee n lnger wrks fr the cmpany, including the assignee s date f departure, shuld be submitted t bth the Ministry f Labr and the Ministry f Justice (federal plice). An Emigra Wrldwide representative may submit this petitin. This petitin cancels bth the wrk cntract and the assignee s visa. Once the assignee s wrk visa is cancelled, his r her dependents residence visas will autmatically be cancelled. Althugh the RNE Cards d nt have t be cancelled, a best practice is that the cards be returned t Brazilian authrities. If an individual wh previusly held an RNE card, returns t Brazil at a future date, he/she will be required t return the ld card in rder t register anew with the Brazilian Federal Plice. If the card was nt returned and cannt be presented, then a fine will be incurred. There is n established deadline t cmplete deregistratin; hwever, Emigra Wrldwide recmmends it be cmpleted as sn as pssible nce the assignee has left the cmpany. A best practice is t cmplete the prcess within thirty (30) days. Page 3

4 Dependents Dependent immigratin status apprval depends n the immigratin status f the principal applicant. Where the principal applicant is in Brazil with a Vitem (V) r VIPER (Administratr/Legal Representative Visa) Visa, the fllwing rules apply fr dependents: Minimum age (spuses): Nt Applicable Maximum age (children): Seventeen (17), but sme exceptins apply Unmarried partners: Yes, but different prcess Same sex partners: Yes, but different prcess Nn-traditinal dependents (e.g. parents): Yes, prvided certain cnditins are met Wrk authrizatin granted? Yes, under certain circumstances Applicatin Materials Applicatin materials vary depending n the immigratin categry being applied fr and n the specifics f the case. General applicatin materials fr the Vitem (V) Visa are nted belw. General applicatin materials include current resume (C.V.), birth and marriage certificates, plice clearance certificates, declaratins f relevant wrk experience, signed labr cntract, crprate tax dcuments, and crprate registratin certificates. If the visa is nt technical in nature, a university diplma may be required. Many dcuments must be translated int Prtuguese and authenticated by the Apstille r the respective Brazilian Cnsulate in the cuntry f issuance, prir t use. Business Visitrs Many business functins require emplyment-based visas regardless f duratin f stay r place f cmpensatin. Such activities include cnducting sme types f audits, installing machinery r sftware, and prvisin f training. A visa fr shrt term wrk r technical assistance is available fr perids nt exceeding ninety (90) days. Business visitrs wh require a cnsular business visa shuld apply at the Brazilian Cnsulate nearest their hme. Name f visa granted: Vitem II Duratin f stay: Up t ninety (90) days. Other visa specifics will be based n natinality. Fr example, number f entries, and ttal length f stay per calendar year. Validity f Visa: Validity is at the cnsulate s discretin. Many natinalities receive visas valid up t ten (10) years. General activities permitted: Attending general business meetings, attending cnferences r trade shws, negtiating imprt/exprt cntracts, meetings with custmers t discuss sales and purchase f gds and services, meetings fr prject planning purpses, r presenting prject results, internal audits, and explratin f investment pprtunities. Page 4

5 Change f Status Under certain circumstances, sme individuals may be eligible t cnvert their status frm visitr t temprary r permanent resident. Eligibility is primarily determined by jb title, natinality r relatinship t a Brazilian citizen. Salary and Payrll Salary and payrll requirements vary depending n the immigratin categry and n the specifics f the case. In Brazil, sme amunt f salary must be paid by the Brazilian emplyer. Additinally, payrll lcatin will affect the immigratin prcess. Please cntact yur representative fr mre details fr yur specific situatin. Qualificatins Qualificatin requirements will vary frm case t case and will depend n the immigratin categry under which the applicatin is made. Hwever, in general, the immigratin authrities d expect dcumentatin f relevant experience and/r a university degree. In sme situatins, a strng case may be made fr applicants withut a degree prvided their level f experience and industry specific qualificatin is high. Please cntact yur representative fr mre details. Red Flags In ur experience, the fllwing pints are imprtant t nte at the start f the prcess. If any f the belw situatins apply t yu, cntact yur representative immediately fr further detailed advice. An absence f relevant educatin r wrk experience and insufficient cmpensatin can cmplicate Temprary Vitem (V) Visa applicatins. The Ministry f Labr will als lk at the Emplyer's rati f freign t lcal wrkers. The Ministry f Labr will specifically analyze the candidate's salary. Prcesses may differ fr natinals f the Central African Republic, Cmrs and Taiwan due t the fact that Brazil des nt recgnize their gvernments. Presence f a criminal histry, hwever minr the infractin, may prevent visa issuance at the cnsular level. Penalties fr Nn-Cmpliance The gvernment f Brazil takes immigratin nn-cmpliance very seriusly. Penalties fr nn-cmpliance may include: Fines Deprtatin Imprisnment Bar frm future travel t Brazil Page 5

6 Emplyee Penalties: Immediate visa cancellatin and deprtatin can be rdered by the Brazilian authrities at any time if a freigner is nn-cmpliant with the terms f their visa. Failure t register the visa within thirty (30) days f entering Brazil and prir t re-entering Brazil can result in a visa being cancelled upn attempted re-entry. Entry may be denied. Overstaying in Brazil will result in a daily fine. Emplyer Penalties: If a freign wrker is discvered withut prper dcumentatin, the Brazilian emplyer will be subject t fines, increased immigratin audits, and limitatins fr the hire f freign wrkers in the future. Fr mre details, please cntact yur representative. Bilateral Agreements France: A bilateral agreement with France eliminates the need fr authenticatin f gvernment-issued dcuments. Mercad Cmum d Sul (MERCOSUL/MERCOSUR): A bilateral agreement with cuntries that are signatry parties t the MERCOSUL agreement allws citizens f thse cuntries t wrk in Brazil withut the need fr apprval frm the Ministry f Labr. A streamlined residence prcess is available fr MERCOSUL natinals. Requirements fr dcumentatin supprting educatinal backgrund are less stringent fr citizens f certain Suth American cuntries nt party t MERCOSUL. Fr specific details, please cntact yur representative. The material in this dcument is cnfidential and a prtected trade secret f Emigra Wrldwide. In the curse f delivering service t ur clients and channel partners, ur rganizatin may elect t share this material in accrdance with cnfidentiality terms f its service agreements r ther cntracts with said clients and partners, r in accrdance with general intellectual prperty laws f the natin in which the material is received. All rights are reserved. The reprductin, redistributin r any ther prmulgatin f this material, in whle r in part, withut the written permissin f an authrized fficer f Emigra Wrldwide is prhibited. All cpies f this material must be returned upn request. The infrmatin cntained in this dcument is crrect as f the date f issue nted abve. Whilst every effrt has been made t ensure accuracy and cmpleteness thrughut this dcument, we cannt and will nt be held respnsible fr damage caused by errrs, and/r missins r therwise caused by using and/r relying slely n the infrmatin cntained herein. Please nte that immigratin regulatins and requirements can change withut advance ntice and as such we cannt guarantee that the infrmatin cntained within this dcument is 100% errr free. Last review: August 2016 Page 6