The Union Official Gazette published on September 8th 2021 the Interministerial Ordinance No. 24, of September 3, 2021, where the Ministers of Justice and Public Security and Foreign Affairs established the guidelines for granting the Temporary Visa and Residence Permit for purposes of humanitarian reception for Afghan nationals, stateless persons and persons affected by the serious or imminet institutional instability situation, serious violation of human rights or international humanitarian law in Afghanistan.
At the granting the Temporary Visa, special attention will be given to requests from women, children, the elderly, people with disabilities and their family groups.
Obtaining the residence permit provided for in this Ordinance implies the withdrawal of the request for recognition of refugee condition.
This Temporary Visa may be requested from the consular authority and will be valid for 180 (one hundred and eighty) days for the immigrant to disembark in Brazil, and must register at one of the Federal Police units within 90 (ninety) days after its entry into Brazilian territory. The temporary residence resulting from the registration will have a term of 02 (two) years.
An Afghan national, who is already in Brazilian territory, regardless of the immigration status in which he has entered Brazil, may apply for a residence permit for humanitarian assistance from one of the Federal Police units. The period of residence in national territory will be 02 (two) years.
In the case of an immigrant under the age of eighteen, who is unaccompanied or separated from his legal guardian, the application must comply with the terms of art. 12 of Joint Resolution No. 1, of August 9, 2017, of the National Council for the Rights of Children and Adolescents - Conanda, the National Committee for Refugees - Conare, the National Immigration Council - CNIg, and the Public Defender of the Union - DPU.
The immigrant benefited by this Ordinance is guaranteed the free exercise of labor activity in Brazil, under the terms of current legislation.
The immigrant may apply at one of the Federal Police units, within a period of 90 (ninety) days prior to the expiration of the period of 02 (two) years of his temporary residence in the country, the residence permit with an undetermined period of validity, provided that:
I - has not been absent from Brazil for a period exceeding 90 (ninety) days in each migratory year;
II - has entered and left the national territory exclusively through Brazilian immigration control;
III - do not present criminal records in Brazil and abroad; and
IV - demonstrate livelihoods.
The motive on which the humanitarian assistance provided for in this Ordinance is based will be considered terminated in the event that the immigrant leaves Brazil with a definitive spirit, or does so outside the immigration control points, provided that it is proven through information that demonstrates that he made an attempt to reside in another country.
If, at any time, the omission of relevant information or false declaration is found in the procedure of this Ordinance, a process of cancellation of the residence permit will be instituted, as provided for in art. 136 of Decree No. 9,199 of 2017, without prejudice to other applicable legal measures of civil and criminal liability.
EMDOC's professionals are available to meet the demands and questions on the subject.
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