NEW BRAZILIAN IMMIGRATION LAW            

Starting November, 21st, 2017, a new Decree regulating the new immigration law # 13.445 of 2017 was launched. This change was being expected for many years and there is a lot of anxiety surrounding it, mainly between the immigration specialists in Global Mobility business.

The new immigration law treats the foreigner as a human right matter and not a national security subject as it used to be and it is aligned with Brazil Federal Constitution of 1988 as well with the Human Right Agreements signed by Brazil.

Some news that the new law brought are

-New activities classified within the Visitor Visa (Tourism, business, transit, artistic and sports activities);

-Exclusion of the permanent visa category and replacement for a “residential visa”;

-Possibility to come to Brazil to look for a new job or to work without a job offer if you prove graduation education;

-Possibility to change the visitor visa for a residential visa according to the legal requirements.

-Family reunion without any limitation of age;

-New Brazilian identification document – replacing the current RNE (Foreigner National Registration) to RNM (Immigrant Civil Identification and Registration).

All the previous laws and infra regulations were cancelled with the validation of this new immigration law. So, all the department government involved with immigration (Labor Ministry, Justice Ministry and Affairs Ministry) have to elaborate their own regulation to operate the changes brought by the new Decree.

On 22nd, the Labor Ministry announced that all the work visas requests were suspended until they elaborate the new regulation (Normative Resolutions) to operate the new Decree and their system is out of order, so nobody can file any work visa request. We are expecting the same coming from the other government departments. They did not give any deadline for this, however we are expecting some news after the Immigration Council meeting that will occur in December, 12th.

Some concerns that we will face with the new Decree, examples:

-Government system adaptation of the new procedures;

-Delays on the requests analyzing at the Government Departments;

-How the requests filed before the new decree will be managed, approved, or adapted by the government departments;

-If all the subjects changed will be regulated by the Decree accordingly or not;

-If there will be any gaps of procedure or regulation that will impact the immigration requests.

More news will come in the next few days/weeks!

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