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Exceptional Entry and Stay of Immigrants in Brazil

The Ministry of Justice and Public Security, through the General Coordination of Labor Immigration (CGIL), published the Informative Note No. 02 on June 4, 2020, making some technical comments on the exceptional entry and permanence of immigrants in Brazil under the working condition. In this way, two situations are treated and deserve to be highlighted: (i) Work Visa for Immigrants outside Brazil: - During the validity of the rule regarding closing borders, the entry of immigrants is prohibited for those who have a work visa stamped on the passport and have never entered into Brazil, as well as those who entered and did not complete the registration; - They can travel to Brazil, once prove the immigration condition and carry the necessary documents:

  • Immigrant with permanent residence, for a fixed or indefinite period, in Brazilian territory;

  • Foreign professional on mission at the service of an international organization, as long as duly identified; 

  • Foreign employee accredited by the Brazilian Government; 

  • Immigrants workers needed for charge transport - air, sea and land;

  • bearer of the National Migration Registry; 

  • Airline crew and employees in the country for operational purposes.

The maritime crew member may also enter the country with an international maritime license or passport that assigns the status of seafarer, according to criteria established on the Convention 185 from ILO (International Labor Organization). The maritime agent must submit an application to the Federal Police. In addition to the cases indicated above, only situations based on the public interest may be evaluated exceptionally by the Ministry of Justice, General Coordination for Labor Immigration. This hypothesis does not exclude the need to apply for a visa / residence, so for all exceptions, there are two procedures to be observed: (i) visa / residence application submitted to the Ministry of Justice and (ii) authorization request for exceptional entry (due to the closure of borders). (ii) Work Visa for Immigrants who are in Brazil: The residence periods already granted to immigrants are automatically extended due to the limited service provided by the Federal Police. Thus, the immigrant will not be held responsible for remaining in Brazil with the expired National Migration Registration Card (CRNM). However, all renovation and transformation processes will normally be processed and decided by the General Coordination for Labor Immigration. Under this situation the following immigrants will be considered: (a) renew the term of residence permit for work and investment purposes; (b) change the term of residence permit for work and investment purposes and (c) immigrants who intend to transform visas. These specific cases will be analyzed and published in the Official Gazette for subsequent registration before Federal Police Department, respecting the local rules of each Federal Police office regarding health issues and conditions of the pandemic. In addition, the extended residence term (validation) will be contacted from the expiration’s date of previous residence, regardless of the date of publication in the Official Gazette or the day of registration before Federal Police.




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