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BRAZILIAN GOVERNMENT REGULATES VISA FOR IMMIGRANT KNOWN AS DIGITAL NOMAD

National Immigration Council of the Ministry of Justice and Public Security (CNIG-MJSP) published at this morning the Resolution n° 45 CNIG MJSP of September 9th 2021, which regulates the concession of temporary visa and residence authorization to immigrant, with no employment relationship in Brazil, whose professional activity can be carried out remotely, called "digital nomad". A "digital nomad" is considered to be an immigrant who, remotely and using information and communication technologies, is able to carry out his work activities in Brazil, in favor of a foreign employer. A "digital nomad" will not be considered an immigrant who works, with or without an employment relationship, for an Brazilian employer or whose residence permit to carry out work in the country is regulated in another normative of this Council. The interested party must apply for the digital nomad visa to the consular authority. The interested party who is in national territory may apply for the residence permit provided for in this Resolution to the Ministry of Justice and Public Security. For the purpose of proving your digital nomad status, the following documents must be presented:

I - declaration by the applicant attesting to the ability to carry out their professional activities remotely, through information and communication technologies;
II - employment or service contract or other documents that prove the link with a foreign employer; and
III - proof of means of subsistence, from a foreign paying source, in a monthly amount equal to or greater than US$ 1,500.00 (one thousand five hundred dollars) or availability of bank funds in the minimum amount of US$ 18,000.00 (eighteen one thousand dollars).

Regardless of the place of issue of the digital nomad visa, the initial period of residence of the immigrant holding the temporary visa will be up to 1 (one) year, and may be renewed for an equal period. If, at any time, the omission of relevant information or the false declaration in the procedure governed by this Resolution is found, it will be applied to the process of canceling the residence permit provided for in art. 136 of Decree No. 9,199, of 2017, without prejudice to the adoption of other legal measures of civil and criminal liability. Resolution No. 45 CNIG MJSP enters into force on the date of its publication. EMDOC professionals are available to answer the demands and doubts on the topic that certainly involves the mobility of many immigrants, especially in the current pandemic situation.

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