Legal Magazine

Foreign Nationals and Intracompany Transfers to Brazil

Posted on the 01 February 2013 by Angelicolaw @AngelicoLaw

Various local laws will apply to a foreign national seeking employment authorization to work in Brazil through an intracompany transfer. There are stiff penalties for both the employer and employee found to be in violation of these laws.

Required Visas:

  • A Work Contract Visa is required for foreign nationals who are contracted by a company based in Brazil to work in the country.
  • 90-Day or One-Year Technical Visa is typically acquired by foreign nationals who will be in Brazil performing technical repairs and installations and who will be conveying some level of training to Brazilian nationals.
  • A Permanent Visa as Company Director is the appropriate choice for foreign nationals who are joining a Brazilian company as administrator or representative.
  • Offshore Worker Visas are appropriate for those working offshore on a vessel located in Brazilian waters.
  • A Trainee Visa is for foreign nationals who will be working as an intern or receiving training at a Brazilian company.

Additional Requirements:

  • The Brazilian company must be registered and in good standing with the Brazilian Federal Revenue Service. All corporate income taxes must be paid and up-to-date.
  • A work authorization application for the foreign national must be prepared by the Brazilian company and submitted to the Ministry of Labor. The approved application is published locally and a notice is sent to the Brazilian consulate with jurisdiction for the applicant’s home country. The foreign national must also submit an application to the Brazilian consulate.
  • Depending on the visa type, foreign nationals planning to stay in Brazil for more than three months must register with the Federal Police.
  • Foreign nationals are not allowed to convert from visitor status to work permit holder status while in Brazil. A work visa must be acquired from a Brazilian consulate outside of Brazil.
  • The Brazilian company is required to notify the Ministry of Labor of the foreign national’s resignation, termination or departure. This must be done within 30 days of the occurrence.

Each type of visa, and the application process, is subject to exceptions and limiting parameters. An attorney with experience in Brazilian immigration law can help you successfully obtain your authorization to work in Brazil.

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