New limitations placed on short-term technical visas

IMPACT – HIGH

What is the change? Brazil’s Ministry of Labor issued a normative resolution, NR 34, on Tuesday, placing new restrictions on short-term technical activities.

What does the change mean? Only in urgent cases will the ministry approve residence authorization for 180-day technical activities, with processing to be completed within five days. Non-urgent cases must follow regular procedures via a request for a one-year residence authorization for technical activities, with processing to be completed in four to six weeks. Emergency visa processing has not changed and will continue to take two working days.

• Implementation time frame: Immediate.
• Visas/permits affected: Residence permits based on short-term technical activities under NR 3.
• Business impact: Companies will only be able to use the 180-day technical visas in urgent cases.

Background: Under Brazil’s New Immigration Law, technical work visas are valid for either 180 days or one year. The new normative resolution amends NR 3 and now requires that the letter submitted with the application for residence authorization to provide technical service for 180 days must prove the connection between the employee and the service and demonstrate the urgency of this service.

Analysis & Comments: By amending the rules, the Ministry of Labor will prioritize adjudication of urgent cases and meet the service time frame of two or five days. The ministry will determine if the case is urgent and will reject cases that are not deemed urgent. Employers who rely on the 180-day technical visas should plan for the additional evidentiary requirement of demonstrating the urgency of the technical activity. It is unclear whether pending applications fall under the new requirements. Therefore, it is recommended that employers be prepared to prove urgency if the ministry requires it or plan to have a new application processed if the urgency cannot be proven.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.