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ORDINANCE NO. 255 - 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. 255, on May 22, 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; c) bearer of the National Migration Registry; 

  • charge transport. 

Citizens coming from the Bolivarian Republic of Venezuela are prohibited to enter in Brazil, even if they have (i) definitive residence, for a determined or indefinite period, in Brazilian territory; (ii) spouse, partner, child, father or curator of a Brazilian citizen; (iii) National Migration Registry and (iv) even if they are border residents in twin-cities.

For maritime and air transportation issues, some peculiarities must be specifically observed, such as: crew permanence, medical issues, unloading loads, connection for returning, technical landing, execution of humanitarian actions, among others. The entry restriction of this Ordinance does not prevent the entry and stay of foreign maritime crew members holding an international maritime license issued under the terms of the International's Convention of Labor Organization, whose entry is required, by the maritime agent to the Federal Police, to perform specific functions on board a vessel or platform operating in judicial waters. The seaman's book (identity card) may be replaced by a passport attributing seamanship status to its holder, provided that it is issued by a country signatory to the relevant International's Convention of Labor Organization. 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. 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.


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