New Regulations clarify procedures for students, medical visitors and neighboring nationals of non-Mercosur countries

IMPACT – LOW

What is the change? Today, the Ministry of Justice published three regulations (Portarias nº 7, 8 e 9) establishing procedures for students (including interns), those seeking medical treatment in Brazil, and neighboring nationals of non-Mercosur countries.

What does the change mean? Effective immediately, these regulations list specific requirements for the above categories of individuals to apply for temporary visas or residence authorization.

• Implementation time frame: Immediate.
• Visas/permits affected: Temporary visas and residence authorization.
• Who is affected: Immigrants planning to come to Brazil to study (including internships) or to receive health treatment, and individuals who live in a country bordering Brazil that is not part of the Mercosur Agreement and cannot avail themselves of the expedited residence benefit for Mercosur nationals.
• Business impact: The regulations have minimal direct impact on businesses, but they provide benefits to certain non-Mercosur nationals and establish an internship category which may benefit companies that recruit international interns.

Background: These additional Regulations (Portarias) clarify certain important scenarios and list the documentary requirements for each category.

BAL Analysis: These new regulations provide flexibility to certain immigrants by allowing them to choose between applying for a temporary visa processed at the Brazilian Consulate prior to entry, or to seek residence authorization while in Brazil if they are in-country under another status, as long as they have the required documents. The residence authorization application will be submitted to the Federal Police and the authorization is valid for one to two years (depending on the case). Applicants should note that a proof of immunization from the National Health Institute (ANVISA) of Brazil is required for residence authorization.

This alert has been provided by the BAL Global Practice group in Brazil. For additional information, please contact brazil@bal.com.

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