What is the change? The Ministry of Labor has issued an ordinance that clarifies work booklet (CTPS) issuance to foreign employees and has confirmed that it will accept the new provisional ID (Temporary Application Protocol, or “Protocolo de RNM”) issued by the Federal Police.

What does the change mean? The ordinance provides important clarifications for employers and employees on eligibility and procedures for work booklets.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Local Contract Visa (NR 02/17), Professional Athlete (NR 21/17), Researchers and Educators (NR 24/18), Dependent Visa (Family Reunion), and visa categories recognized under the former law.
  • Business impact: Companies have clearer procedures and more visa categories are now eligible for work booklets, including old visa categories previously approved under the former immigration statute.
  • Next steps: Employers should work closely with their immigration adviser to determine best strategies in individual cases.

Additional information: The ordinance clarifies the following procedures for foreign nationals applying for work booklets:

  • Foreign nationals may present their passport or the Official Publication (“Diário Oficial”) of Temporary Residence approval, as long as the official publication shows their migration status.
  • The Federal Police’s Registry Certificate (“Certidão de Registro”) containing the applicant’s name will be accepted as a supporting document whenever the Temporary Application Protocol does not clearly mention the applicant’s migration status.
  • Dependents applying under “family reunion” status may present only the Temporary Application Protocol, instead of their Migrant ID Card, which was required under the old ordinance.
  • Holders of visas granted before the enforcement of the Brazilian New Immigration Law (under the former law) are eligible for a work booklet if a work booklet was allowed for that specific visa category at the time the visa was granted.

The Ministry of Labor continues to upgrade its internal systems in order to implement the updates of the Federal Police system. Both agencies are trying to renew their workflows and implement the new law and reduce bottlenecks between their processes. This ordinance ensures that companies and expatriate employees will have predictable procedures during the transition period. Moreover, it confirms that holders of dependent visas may apply for work booklets with the provisional ID from the Federal Police; under prior law dependents had to wait until their Brazilian ID card was issued before requesting a work booklet.

Background: Since its enforcement in November 2017, the Brazilian New Immigration Law has updated the country’s immigration legislation, including visa categories, procedures and responsibilities of the local authorities, to better reflect global migration. The law provided for a one-year transition period to allow national authorities to adapt their internal procedures to the new law’s requirements. As the end of the period is approaching, the Federal Police and Ministry of Labor are working closely with each other to complete implementation.

Analysis & Comments: The new ordinance, which was published just one week after updates to the Federal Police’s data systems, shows that the Ministry of Labor and Federal Police are working together closely to make the end of the transition as smooth as possible. The clarification of work booklet procedures and recognition of old visa categories, as well as new scenarios, is great news for companies and individuals.

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.