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ORDINANCE NO. 340 - TEMPORARY RESTRICTION OF IMMIGRANTS´ ENTRANCE IN BRAZIL

The Ministers of State Chief of Staff of the Presidency of the Republic, of Justice and Public Security, Infrastructure and Health published the Ordinance No. 340, on June 30, 2020, exceptionally and temporarily restricting the entrance of immigrants in Brazil by air, sea and land transportation, regardless of their nationality, for a period of 30 (thirty) days. The measure is necessary due to the recommendation of the National Health Surveillance Agency (ANVISA) in order to combat the pandemic caused by COVID-19. The restriction on foreigners entering the country does not apply to:

  • Brazilian, born or naturalized;

  • 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;

  • passenger in international transit, as long as he does not leave the international area of the airport and the country of destination admits your entrance;

  • foreign employee accredited by the Brazilian Government;

  • foreigner in the condition of: a) spouse, partner, son, father or curator of a Brazilian, b) whose entry is specifically authorized by the Brazilian Government in a clear public interest or for humanitarian reasons; and c) bearer of the National Migration Registry;

  • charge transport.

For maritime and air transportation issues, some peculiarities must be specifically observed, such as: crew permanence, medical issues, operational matters, unloading loads, connection for returning, technical landing, among others. Exceptionally, the foreigner who is in a land frontier country and needs to cross it to board a flight back to his country of residence may enter Brazil under an authorization from the Federal Police and (i) go directly to the airport; (ii) based on an previous official authorization from the embassy or consulate of your country of residence, (iii) upon presentation of the corresponding air tickets. The restrictions of this Ordinance do not apply to immigrants who enter by air in the following conditions:

  • any nationality that has a visitor visa granted for a short stay, without intending to establish residence or for those who prior visitor visa is not needed, once the purpose of the trip is to carry artistic activities, sporting or business activities;

  • any nationality that comes to the country in order to establish residence for a specific time and that has a temporary visa under the following purposes: I - research, teaching or academic extension; II - study; III - work; IV - investment; V - familiar reunion; or VI - artistic or sports activities with a fixed term contract;

However, admission have be made by air at the following international airports:

  • São Paulo International Airport - Governor André Franco Montoro (Guarulhos), Guarulhos Municipality, State of São Paulo;

  • Tom Jobim International Airport (Galeão), Municipality of Rio de Janeiro, State of Rio de Janeiro;

  • Viracopos International Airport, Municipality of Campinas, State of São Paulo;

  • Brasília International Airport - Presidente Juscelino Kubitschek, Brasília, Federal District.

In addition, even in this condition (air/fly entrance), the immigrant have to, before boarding, present to the transport company a medical declaration issued by a local health authority or doctor who attests that he/she is not infected with the SARS-CoV-2 coronavirus (covid-19). The above exceptions do not prevent compliance with migration control rules and procedures, including with regard to the need of documentary evidence about the reasons for the immigrant's trip. Failure to comply with these measures will result in civil, administrative and criminal liability, as well as immediate repatriation or deportation and the disqualification of an asylum claim. Are hereby revoked Ordinance # 255 of May 22, 2020 and Ordinance # 319 of June 20, 2020. EMDOC professionals are available to answer all demands and doubts on this topic that certainly involves the mobility of many immigrants in this very delicate moment. Therefore, before leaving your country, consult the specific conditions for entering Brazil.

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