Additional normative resolutions published, clarifying several provisions in new immigration law

IMPACT – HIGH

Brazilian immigration authorities released 11 new normative resolutions today, clarifying additional immigration scenarios under the new Immigration Law. Previously, authorities issued 12 normative resolutions on Dec. 8.

Key changes:

• Investment visas. Normative Resolution 13, which replaces the former NR 118, establishes the process for residence authorization for immigrants who intend to invest 500,000 reals (about US$150,000) of their own funds into a company’s equity capital. Exceptional cases with lower investments (at least 150,000 reals) are still possible.
• Corporate training. Normative Resolution 18, which replaces the former NR 79, establishes the residence authorization for immigrants coming to Brazil without an employment relationship, from a multinational company with a Brazilian head office, in order to develop technical-operational or administrative functions and training in professional qualifications and the corporate culture. This residence authorization is valid for two years and is not renewable.
• Job training. Normative Resolution 19 establishes the residence authorization for immigrants who will be transferred to Brazil to receive training in a Brazilian branch, subsidiary or headquarters of the sending company. A training plan now is required to support this application. This residence authorization is now valid for two years, instead of one year under the previous NR 87, but renewals are still prohibited.

Additional NRs published today cover the following categories:

• Religious activities – NR 14 replaces NR 39.
• Volunteer activities – NR 15 replaces NR 68.
• Artistic and sports activities for longer than 90 days – NR 16 replaces NR 69.
• International news correspondents – NR 17 creates this new category.
• Researchers, scientists, professors – NR 20 replaces NR 116.
• Professional athletes – NR 21 replaces NR 121.
• Foreign fishing boats leased by Brazilian companies – NR 22 replaces NR 81.
• Special cases not explicitly designated under the new law – NR 23 replaces NR 27.

BAL Analysis: The additional normative resolutions provide helpful guidance to employers, particularly international companies sending employees to their Brazilian operations or headquarters for corporate or job training. BAL reminds clients that the under the decree on the new immigration law, published on Nov. 21, the transition period remains in effect, and all visas granted under the old immigration law will maintain their validity until the expiration date. Immigrants with pending work authorization applications at the Ministry of Labor (submitted before Nov. 21) will continue to be processed under the old law.

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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