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ORDINANCE No. 615 - TEMPORARY RESTRICTION OF IMMIGRANTS´ ENTRANCE IN BRAZIL – SEA AND LAND TRANSPORT

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. 615, on December 11th 2020, exceptionally and temporarily restricting the entrance of immigrants in Brazil by sea and land transportation (any modality), regardless of their nationality, for a period of 07 (seven) days, from the date of its publication. 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. 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).

Border residents and Land Frontier The restrictions indicated on this Ordinance do not prevent the traffic of border residents in twin cities, upon presentation of a border resident document or other supporting document, once the same reciprocity treatment is guaranteed to Brazilians by the neighboring country (this rule does not apply to the Bolivarian Republic of Venezuela). Exceptionally, the foreigner who is in a land frontier country and needs to cross it in order to board a flight back to the 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. Bolivarian Republic of Venezuela 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. Republic of Paraguay The restrictions mentioned in the Ordinance do not prevent foreigners from entering in the country by land between the Federative Republic of Brazil and the Republic of Paraguay, once observed the migratory requirements appropriate to the immigration condition, including an entry visa, when required by the Brazilian immigration law. 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 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 # 518 of November 12th 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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