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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. 419, on August 26, 2020, exceptionally and temporarily restricting the entrance of immigrants in Brazil by sea and land transportation, regardless of their nationality, for a period of 30 (thirty) days. The measure is necessary due to the technical 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: 1. Brazilian, born or naturalized; 2. Immigrant with permanent residence, for a fixed or indefinite period, in Brazilian territory; 3. Foreign professional on mission at the service of an international organization, as long as duly identified; 4. Foreign employee accredited by the Brazilian Government; 5. 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; 6. Charge transport. In the event of entry into the country by road, other land or waterway transportation, the exceptions discussed above (2, 5a and 5b) do not apply to foreigners from the Bolivarian Republic of Venezuela. Traffic by border residents in twin cities also does not apply to foreigners from the Bolivarian Republic of Venezuela. For maritime matters, the restrictions of this decree do not prevent:

  • The entry, by air or waterway, of a maritime crew to exercise specific functions on board a vessel or platform operating in jurisdictional waters, provided that the migratory requirements appropriate to their condition are observed, including that of having an entry visa, when this is required by the Brazilian legislation;

  • The landing, authorized by the Federal Police, of maritime crew for medical assistance or for connection of air return to the country of origin related to operational issues or the termination of an employment contract (provided that the specific conditions of the standard are observed).

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. In addition, the restrictions of this Ordinance do not prevent foreigners from entering in Brazil by air, once provided the appropriate migratory requirements to their condition and complying with all law requirements, including a specific visa, when required by the Brazilian immigration law. The foreign passenger on a visit condition to Brazil for a short stay (up to 90 days) must present to the transportation’s company, prior to board, a proof of health insurance valid in Brazil, which covers for the entire period of the trip, under penalty of impediment of entry into national territory by the migratory authority based on the position of health Brazilian authority. The mentioned insurance must cover health expenses and meet the following minimum requirements: (i) validity period corresponding to the scheduled period of the trip (complete duration); (II) minimum coverage of R $ 30,000.00 Reais; and (III) be issued in Portuguese or English. International flights for airports based on the following States are now prohibited: I – Goiás (GO); II - Mato Grosso do Sul (MS); III - Rio Grande do Sul (RS); IV - Rondônia (RO); V - Roraima (PR); e VI - Tocantins (TO). The conditions presented by this ordinance could be revised at any time and it could also be complemented, changed or extended, considering the technical assessment made by ANVISA. 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. The Ordinance # 01 of July 29, 2020 is revoked. 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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