BRAZIL – New Immigration Law Published

Effective November 2017, a new Brazilian immigration law (Lei 13445/2017, published 25 May 2017) will replace the Foreigner Statute law (Law No. 6815/1980).

The new law has a humanitarian approach and aims to reduce the bureaucracy and fight the criminalization of immigration non-compliance.

Note that implementing regulations will have to be published before the impact of the new law is fully understood. Below is a summary of the main changes.

Visa Categories

Law No. 13,445/2017 changes the nomenclature of visa types and abolishes the Permanent Visa. Note Article 12: “The applicant who wishes to enter or remain in the national territory may be granted visas: I – Visit; II – Temporary; III – Diplomat; IV – Official; V – Courtesy. Please find further details on these new visa categories, below.

Visit Visas

These are visas for business, tourism, transit, and other short-term purposes not linked to any remunerated activities in Brazil.

Temporary Visas

Aside from expanding the number of categories for a temporary visa, the new law also abolishes the work visa requirement for crew members of cruise ships and vessels operating in long-haul.

Residence Permit

The new law creates a residence permit available to all foreign nationals in Brazil, regardless of their immigration status (or entry visa). With the elimination of the Permanent Visa Provision and the creation of the residence permit, foreigners wishing to reside in Brazil on a permanent basis while on a temporary visa or visitor visa may apply for a residence permit by complying with the required conditions outlined in Article 30.

The new residence permit applies to those who wish to remain in Brazil for work, family reunion, research, teaching or research, health treatment, humanitarian efforts, investment or relevant economic, social, scientific, technological or cultural activities, as well as those who benefit from a treaty on residence and free movement regulations, such as Mercosur nationals.

Processing of applications should be completed within 60 days.

Registration

Employers should make note of the following changes regarding on-arrival registration formalities:

  • The National Register of Foreigners (RNE) will be renamed to National Migration Register;
  • For Temporary Visas, foreigners will have to register with the National Migration Register within 90 days of entering Brazil; and
  • It is important to note that foreign nationals holding residence permits must register within 30 days with the department which authorizes the residence.

Fines and deportation

New penalties for immigration non-compliance will take effect, including:

  • An increase in the fine for an infraction committed by an individual, ranging from R$100.00 to R$10,000.00 per infraction. Currently the fine ranges from R$8.28 to a maximum of R $828.28; and
  • An increase in the fine for an infraction committed by a legal entity (i.e. an employing company), ranging from R$1,000.00 to R$1,000,000.00 per infraction. Currently the fine is R$2,480.00 and can be multiplied up to 10 times per infraction.

The authorities will consider the economic condition of the offender, recurrence, and the seriousness of the infraction before charging any penalty. Further, first-time visitors to Brazil who face these penalties will have the option of receiving a reduced period of visitor visa validity in lieu of paying a fine. In the situation that a foreigner will be deported, s/he will receive notice to depart the country within 60 days Currently individuals with deportation notices have three to eight days to depart Brazil from the time that they receive their notices. In addition, these individuals will have an opportunity to regularize their migration status within this notice period. This option did not exist under the previous law. The 60 days minimum may be disregarded in cases in which the migrant has committed an act contrary to the principles and objectives displayed in the Brazilian Constitution.

Action Items

Employers of foreign nationals working in Brazil or wishing to send individuals to Brazil are advised to consult with their immigration advisor at McCown & Evans for the latest details about the forthcoming new law.