segunda-feira, 7 de setembro de 2009

Work Permit for Foreigners in Brazil

Work Permit for Foreigners should only be granted if there is a correlation between the activity to be performed by the foreigner, his/her professional experience and the social object of the company.

The visa is individual and its granting may be extended to legal dependants, and the following foreigners should not be granted a visa:

- minor of 18 (years) old, unaccompanied by a legal responsible or without his/her express authorization;

- considered as harmful to public order or national interests;

- previously expulsed from the Country, safe if the expulsion has been revoked;

- condemned or sued in other country for a felonious crime, passable of extradition according to the Brazilian law, or

- which does not comply with the health conditions as established by the Ministry of Health.

- To hold or to the have the property of assets in Brazil does not grant to the foreigner the right to get a visa of whichever nature, or an authorization for permanence on the national territory.

The term of the stay in Brazil for artists and sportspersons should be ninety days, and may be adjourned once, for an equal period of time.

For a sportsperson being called as per Art. 13, number V of Law nº 6.815/80, the term of the stay in Brazil should be up to 02 (two) years, and may be adjourned for an equal period of time.

Visas may only be granted, safe in the case of force majeure, at the consular jurisdiction where the interested party has had his/her residence for at least one year immediately previous to the request (Statute nº 86.715, of 12.10.81, art. 23, § 1º and art. 27 § 1º).

Foreign professors, high level technicians or researchers being in the country in temporary character may request the transformation of their visa to a permanent visa, through the Ministry of Justice, that should send the request to the Ministry of Labor.

A foreigner registered under permanent character, leaving Brazil, may come back, irrespectively of a visa, if he/she does it within the term of two years.

The foreigner registered under temporary character leaving Brazil, may come back, irrespectively of a new visa, if he/she does it within the validity term of his/her stay in the national territory.

The foreigner in Brazil under the protection of the following visas: temporary in the condition of student, transit or tourist, as well as the dependant of holders of whichever temporary visas, is not allowed to perform a remunerated activity, and the visa holder in the condition of correspondent of foreign newspaper, magazine, radio, television or news agency is not allowed to perform any such activity that is remunerated by a Brazilian source.

The foreigner holding a temporary visa that is a natural of a bordering country, domiciled in a city that is adjoining to the national territory, is not allowed to establish him/herself with an individual firm, or to perform any job or function as administrator, manager or director of a trade or civil company, as well as subscribe for an entity supervising the performance of regular professions.

The foreigner admitted under agreement regime, under temporary character, may only exercise his/her activity for the entity that has hired him/her when the visa was granted, safe with the express authorization of the Ministry of Justice, after the opinion of the Ministry of Labor.

The Work Permit for Foreigners should only be granted to those companies complying with the specifications appearing on art. 354 of the Consolidation of the Labor Works, related to a proportionality of 2/3 of Brazilian and the salary payroll.

After four years in the same function, the foreigner may require the transformation of his/her temporary visa into a permanent visa, at the criterion of the Ministry of Justice, after the opinion of the Ministry of Labor.

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