IMPACT – MEDIUM
What is the change? Under a new normative resolution, foreign nationals may now apply for technical training visas for the purpose of traveling to Brazil to participate in short-term trainings focused on handling, operating and maintaining machines, technical equipment and others goods produced by Brazilian companies.
What does the change mean? Normative Resolution 35/2018 sets out two types of technical training visas. For trainings of up to 90 days, the foreign national may apply directly at a Brazilian consulate. For trainings of up to one year, a Brazilian entity must obtain an approved one-year residence authorization at the Ministry of Labor before the foreign national may apply for a visa at a consulate. The one-year residence permit is not extendable. The resolution also provides that foreign nationals already living in Brazil under other visa categories are eligible to convert their immigration status to a technical training visa in-country.
Background: Up to now, Brazil’s Immigration Law did not provide a visa category for technical training; only foreign nationals coming to Brazil to train Brazilian citizens were eligible for training visas. Now technicians may come to Brazil not only to train Brazilian, but also to be trained by Brazilians.
Analysis & Comments: The resolution will help multinational companies and entities move their technicians to Brazil to be trained locally, facilitating employee development. Foreign nationals, however, are prohibited from establishing an employment relationship and receiving any kind of compensation from the Brazilian entity while in the country under this visa type. Also, in order to have the visa granted, the Brazilian entity must provide a plan that demonstrates the training and materials that will be presented to the trainees.
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.
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