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BRAZIL – Changes to Legislation for Local Hire Work Visas

Brazil’s National Immigration Council has published Normative Resolution No. 99, which relates to work visas for locally hired foreign nationals. Normative Resolution 99 revokes the old Resolution No. 80. There are some changes, as follows.

Individual Employers

The new resolution states that individual employers, when applying for work visas for employees, should submit the same supporting documentation as an employing corporation would submit. This change is hard to understand as of course individual employers are not corporations and so do not have the same documentation available. This change may affect professionals who are typically self-employed, for example, doctors and lawyers, but how it will work in practice remains to be seen.

No Educational Evidence for South Americans

The new Resolution also states that the need to prove educational level is no longer a requirement for nationals of South American countries.

South America is typically defined as Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela – of these, Argentinians, Bolivians, Chileans, Colombians, Paraguayans, Peruvians and Uruguayans may make residence applications under MERCOSUR, so the change really benefits applicants from Ecuador, Guyana, Suriname and Venezuela.

For all other nationalities, the applicant is still required to show that he/she has a high level of educational qualification and/or experience. If holding a Bachelor level degree, one year's relevant work experience is also necessary. If holding a Master's or other relevant graduate qualification then no additional work experience is required. However, if the applicant has no university degree, he or she must prove two years of relevant work experience plus at least nine years in formal education. This requirement may be waived in exceptional circumstances if it can be proved by other means that the applicant is uniquely qualified for the position.

Work Permission for Dependents

The new Resolution states that work permission for dependents of a temporary work visa holder can be granted, subject to them obtaining work visas in accordance with the Immigration Law – i.e. separate work visas must still be applied for. However, dependents will not be required to prove their educational level or experience and will simply need to demonstrate that they hold a job offer. The work visa of such a dependent will be granted validity in line with the work visa of their spouse. (Many thanks to Isa Soter of Veirano Advogados for this clarification.)

Adherence to Quota Legislation

Finally, Normative Resolution No. 99 also specifically states that employers’ adherence to the ratio rule will be reviewed when renewal applications are submitted.

Employers of locally hired foreign nationals in Brazil are required to keep to a ratio whereby total number of Brazilian employees must be twice the total number of non-Brazilian employees, and total salary paid to Brazilian employees must be twice the total salary paid to all non-Brazilian employees.

Action Items

  • Note that educational level need no longer be proved for applications for South American nationals
  • Note the emphasis on verification of adherence to the ratio requirement for Brazilian vs. foreign local hires

This news alert was prepared using information provided by Overseas Consultoria

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.