Highlights of Brazil

Authors: Samantha Machado/Heloisa Ávila
EMDOC Serviços Especializados

The legal situation of foreign citizens in Brazil is regulated by Law No. 6.815, from August 19, 1980, which is in turn regulated by Decree No. 86.715, from December 10, 1981. In addition, there are infralegal rules (it is a Government act that has the form of the law, but not the force of the law) issued by the National Immigration Council (CNIg), which is the agency responsible for establishing national immigration policies.

Types of visas used by Brazil:

In accordance with Law No. 6.815/80, there are seven types of visas that can be granted, depending of the reason for travel and the activities performed in Brazil:

1. transit;
2. tourist;
3. temporary;
4. permanent;
5. courtesy;
6. official; and
7. diplomatic.

The Ministry of Foreign Affairs is responsible for granting these visas which is generally approved by the Brazilian diplomatic missions abroad.

However, in some cases, granting the visa will depend on a previous authorization of another Brazilian agency, specially the Ministry of Labor and Employment, through the General Immigration office (CGIg).

The most commonly visas employed by the corporate community are the tourist, business, temporary for work and the permanent visas, and that is the purpose of this work.

Tourist visa

Tourist visas are granted to foreign citizens who come to Brazil for leisure, visit and tourism. It is important to emphasize that the objective of the trip cannot be immigration. This type of visa does not allow the foreign citizen to work in Brazil.

The tourist visa is issued and valid for up to 5 (five) years; however, it is usually issued for a period of 90 (ninety) days. It allows multiple entries, though this term of 5 (five) years validity refers to the visa, not to the period of permanence allowed in Brazil; the period in which the foreigner is allowed to stay in Brazil shall be established by the Immigration Police in the point of entry into the country, and this agency is also entitled to reduce the period of permanence in the country without justification for this reduction.

The legislation determines the maximum period of permanence in Brazil for a foreigner as a tourist is that of 90 (ninety) days, being further extendable by the Brazilian Federal Police, before its expiration, for an equal period as initially granted. In all cases, the foreigner who holds a tourist visa may remain in the country for a maximum period of 180 (one hundred and eighty) days at each one-year period, as of the date of the first entry in the country.

Upon reciprocity of treatment, Brazil requires the tourist visa from citizens of certain countries, and also for reciprocity, it exempts others of it. The full list of countries whose citizens must obtain tourist visas before traveling to Brazil is available in the website of the Ministry of Foreign Affairs, consular portal, http://www.abe.MRE.gov.br/antes/ quadro-geral-de-regime-de-vistos-1.

By means of Normative Ruling No. 65/2005, recently revoked by Normative Ruling No. 82/2008, which however maintained the same concept, the tourist visa, foreseen on item II of art. 4th of Act No. 6.815, of 1980, may be granted to scientists, professors, researchers or foreign professionals who intend to come to Brazil, as visitors, to participate in conferences, seminars, congresses or meetings in the scientific-technological research and development areas, provided they are not remunerated for their activities. The same occurs in cases when the participants of sports competitions and artistic contests who do not receive any remuneration or "cachet" paid by a Brazilian source, even if they run for prizes or awards, even in cash, as provided by Normative Ruling No. 69 of March 7, 2006.

Temporary visa for business trip

The Business visa or "temporary II" is meant to foreign professionals traveling to Brazil for specific business short-term missions who do not intend to fix residence in the country.

Working in Brazil to the benefit of a Brazilian company with the business visa, even if there is no payment of remuneration in Brazil and if it occurs for a short or very short period of time, may result in a fine for the company, as well as the compulsory departure of the foreigner from the Brazilian territory.

Business visas are usually issued for a term of 90 days, except for citizens from Australia, Canada, India, New Zealand and the USA, for whom these visas may be granted for up to 5 (five) years, pursuant to governmental agreements.

Similarly to what occurs with the tourist visa, the business visa may also be dismissed by the Brazilian authorities in virtue of international agreements or treatment reciprocity agreements. The complete list and always updated of these countries may be found on the website of the Ministry of Foreign Affairs, consular portal, http://www.abe.MRE.gov.br/ antes/quadro-geral-de-regime-de-vistos-1.

It is worth reminding that, notwithstanding the effectiveness of the visa, the period when the foreigner may remain in the national territory shall be established by the Immigration Police at the port of entry. And also, notwithstanding the term of effectiveness of the visa, the maximum period of permanence allowed in Brazil is that of 90 days.

This authorization for permanence may be extended for an equal period, provided the application is made to the Immigration Police before the expiry, whereas the foreigner is not allowed to stay longer than 180 days per year in Brazil.

Temporary work visa to work in Brazil

Temporary visa item V is, par excellence, the one that allows foreign citizens to work in the country. It can be obtained considering several types of work and different periods of stay, it depends on the decision of the Ministry of Labor, who analyses and grants work authorizations in the country, except for 30-day emergency visa and voluntary work.

The main situations that require a work visa are:

• Temporary visa under labor agreement in Brazil

This is the proper type of visa for foreign technicians, executives and professionals who come to work in Brazil, under a labor agreement. Foreign citizens who come to work in Brazil under such conditions have all the rights and obligations of their Brazilian counterparts, once such work relationship is ruled by the Brazilian Labor Law (CLT).

The Brazilian company must begin the procedure of requesting the work authorization at the General Immigration Office of the Ministry of Labor. Once approved, the authorization will be sent, via Ministry of Foreign Affairs, to the Brazilian Consulate where the appropriate visa must be obtained.

In this visa application, the compatibility between the qualification and the professional experience of the foreigner, and the activity he shall perform in the country shall be examinate. Hence, the foreigner, in his turn, shall evidence by means of certificates of graduation, diploma or statements from the institutions where he has performed activities, minimum academic curriculum of nine years and 2 (two) years of experience in a position that does not require college level, or, experience of one year performing the college degree level, being this period counted since the conclusion of the college course that has qualified him to exercise this position.

The Brazilian government also allows proof of professional qualification by means of a certificate of completion of a post-graduation, masters or college course of at least 360 hours compatible with the activity he shall perform in Brazil, or furthermore a three-year experience in the relevant profession, whose artistic or cultural activity does not depend on the academic education.

Under this criterion, the citizens from South American countries receive a temporary benefit provided by Normative Ruling No. 80/2008, that is, between October 17, 2008 until October 16, 2010, the Brazilian company that requests the work permit to the Ministry of Labor does not need to attach in the visa application any document that proves the academic education or professional experience of the foreigner. The mentioned norm does not clarify if, by the time of the extension process, the mentioned documents shall be required by the Ministry of Justice.

In addition to these factors, the remuneration shall also be appreciate with careful, nowadays, the National Immigration Council has decided, by means of Normative Ruling No. 74/2007, that the only parameter to be established regarding the foreigner's remuneration in Brazil is that, if there already exists a Brazilian professional working in equal or equivalent position that will be perform by the foreigner, his salary shall be equal or superior than the largest remuneration paid to that professional. In addition to that, in case of transfers between companies of the same economic group, the gross monthly salary received shall be equal or superior than that previously salary received by the foreigner abroad, as his last remuneration, being the employer responsible also, to observe the principle of equate salaries, predict in the CLT.

If the foreign professional does not belong to a company of the same group that applies for his work permit at the Ministry of Labor and Employment, the criterion of the eventual salary reduction is not applicable.

Temporary visas with work contracts can be granted for a period of up two (2) years, which can be extended by the same period initially granted. At the end of four (4) years, they can be changed into permanent visas.

The foreigner who has this type of visa cannot work in management positions, keeping in mind that such positions are prerogatives of the foreign citizen who has a permanent visa. Besides that, the foreigners are linked to the company who requested the visa. For that reason, they can only work in other companies through previous and expressed authorization of the Ministry of Justice.

• Temporary visa without Labor agreement in Brazil - Rendering technical services

This visa is appropriate for foreign citizens who come to Brazil without any links to a domestic company, to render technical services, transfer technology or render technical assistance services, as a consequence of a contract, cooperation agreement, convention or similar instrument that foresees manpower transfer between a Brazilian company and a company abroad.

The foreign citizen remains employee of the foreign company and cannot be paid by the Brazilian company.

It is important to emphasize that the work experience of at least three (3) years on the activity related to the service rendering is mandatory for all cases of temporary visa without work contract.
Temporary visas without labor agreement can be granted for a period of one (1) year, which can be extended by the same period initially granted, if the agreement or similar document that this request is based on is still valid.

The law also allows granting a temporary visa without labor agreement for a period of 90 (ninety) days, through a more simple procedure, which does not require agreement or similar document to support the request. Despite the fact this visa is not extendable, it allows several entries and can be obtained as soon as its period of validity ends, successively.

Temporary visa without labor agreement that admits foreign citizen's work for an non-extendable period of up to 30 days can be granted, as an emergency, a single time, every 90 days, depending on the opinion of the Brazilian consular authority of the jurisdiction of the residence of the foreign citizen, without prior notice of the Ministry of Labor. The approval of the visa request is not limited to the Brazilian Consulate where the request is made.

It is important to emphasize that the technicians, due to the nature of their work, cannot work with management responsibilities, that is, sign on behalf of the company which they will work for in the country, once management responsibilities are exclusive of the bearers of permanent visas.

• Apprenticeship, to obtain professional experience

The Brazilian legislation (Law No. 11.788, of September 25, 2008) considers the apprenticeship as a supervised scholar educational act, developed in the work environment, whose purpose is to prepare the student for a productive work. According to these legal provisions, the apprenticeship integrates the educational path of the student and is part of the course's pedagogical project.

Considering the understanding of the Brazilian juridical order regarding the apprenticeship, this type of visa is directed to foreigners who are still studying and wish to perform their apprenticeship in Brazil, to attain the professional experience linked to a college course. It is a non dismissable condition for such visa to be granted that a term of commitment is executed between the intern and a Brazilian company with the participation of an intervenor that may be an official acknowledged exchange institution, or an international cooperation organization, or furthermore the international cooperation areas of the different Ministries of the Republic, respecting the provisions of article 4 of Act No. 11.788 of September 25, 2008. This visa is effective for up to one year, non-extendable.

The obligations defined by the act of apprenticeships shall also be observed for foreign interns, such as the maximum number of interns per business establishment, the maximum allowed working hours (article 10), the liability for all the care necessary to promote the intern's health and several other aspects that inhibit and prevent abuses arising from the practice of hiring interns. Therefore, the company shall obey all the provisions of the new apprenticeships Law No. 11.788/2008, in order to receive a foreign intern, under penalty of the relation being considered an employment relationship.

The application of this visa shall be done at the nearest Brazilian Consulate to the residence of the applicant, in order to obtain the temporary visa, item I - art. 13 of Law 6.815/80.

In addition to the already mentioned hypothesis of apprenticeship, Normative Ruling No. 42 foresees the hypothesis of apprenticeship within the group, despite of the date of graduation of the applicant or how many years of experience he has. This means short-term transfers (of up to one year) between companies of the same economic group, with the purpose of absorbing knowledge or different techniques to profit from in the country of origin.

The criteria for assessment of this type of application are basically: the requirement of remuneration being paid exclusively abroad and the inclusion of a Brazilian company into the international transfers system of the group, by means of the sending Brazilian citizens abroad.

The visa may be extended to the foreigner's dependents, but the work permit granted is valid only for the holder of the visa, and his dependents cannot exert remunerated activities in the country. As a matter of fact, for this type of visa, not even the holder of a work permit may exert remunerated activities in Brazil. It is essential in this type of application that the foreigner remains as an employee of the foreign company as long as he stays in Brazil and that he receives his salary exclusively abroad.
The visa shall be once again the temporary visa, item V, and it shall be effective for up to one year, not subject to extension.

• For professional training

Based on Normative Resolution No. 37/99, it is appropriate for professionals who recently finished university studies, or similar, and need to come to Brazil for professional training and to develop qualifications and knowledge through practical work.

Professional training authorization cannot be granted to foreigners who are still studying or to foreign citizen who finished their studies within a year or more. Another prerequisite for granting the visa is that the professional is employed abroad and does not receive any salary in Brazil. The request shall be made in the Ministry of Labor and Employment. Bearers of this type of visa cannot perform wage-earning activity in Brazil.

It is important to note that there shall be reciprocity principles from the country of nationality of the foreign citizen. His country shall offer the same possibility of training for recently graduated Brazilian students, respecting the local immigration law.

After the temporary visa mentioned in item V, article 13 Law 815/80 is granted, the period of validity will be up to 1 (one) year, non-extendable.

Permanent visa

It is granted to people who want to settle in the Country permanently, more specifically to:

• Administrator, Manager or Director of a company
Granting this permanent visa requires that the company invest in Brazil an amount of at least US$ 200,000.00 (two hundred thousand US dollars) per foreigner that will be assigned to work in the country, or an investment equal to or greater than US$ 50,000.00 (fifty thousand dollars). In this case, it must submit a plan that create Brazilian manpower hiring of at least 10 (ten) new jobs for Brazilian employees, during the period of 2 (two) years.

In the first case, the permanent visa can be valid for up to 05 (five) years. Renewal of the Foreigner's Identity Card (Registro Nacional de Estrangeiros - RNE) depends only on evidencing that the foreigner still exerts the activities he was originally assigned to.

In its turn, in the second case, the permanent visa can be granted for a maximum period of 02 (two) years. The renewal is basically conditioned to the proof that the foreigner still exerts his position in the country, and that the manpower absorption plan has been fulfilled.

It is relevant to observe that, pursuant to Decree-Law 55.762/65, art. 9, in both above-mentioned cases, the foreign capital invested in Brazil must be registered into the electronic system of the Central Bank of Brazil (SISBACEN), within 30 (thirty) days, as of the date of the entry of the capital in Brazil.

Furthermore, when it is a matter of indication of a foreigner to assume a position in the board of administration, in the board of directors, in the board of advisors, in the board of auditors, in other statutory boards, or as a chief officer, in an insurance company, a capitalization company, or an open corporation for private pension funding, an homologation granted by the private insurances superintendence (Superintendência de Seguros Privados - SUSEP) is also required for approval of the foreigner to exert the position.

The permanent visa is linked to the company in which the foreigner was required to perform his position in Brazil.

Therefore, the condition of administrator, manager, chief officer or executive officer of a civil or commercial corporation, group or economic conglomerate shall be stamped in the foreigner's passport, as well as in his first identity card.

• Foreigner investor in productive activities in Brazil

Foreigners who intend to reside in Brazil with the purpose of investing resources of his own, from abroad, in productive activities in Brazil, may obtain this type of permanent visa, depending of prior authorization by the Ministry of Labor and Employment.

In accordance with Normative Ruling No. 84/2009, in order to obtain this type of permanent visa, the authorities require that the foreigner invest in Brazil at least R$ 150,000.00 (one hundred and fifty thousand Reais), in a new or existing Brazilian company.

The company that receives the above mentioned investment shall prepare a local manpower absorption plan. In accordance with this plan, it is committed to generate job positions for Brazilian citizens, as well as to demonstrate that the foreigner will increase the productivity in Brazil and absorption of technology by the Brazilians citizens, elements that shall be analyzed into consideration of social interest in the investment.

The permanent visa will be effectiveness for 3 (three) years. The replacement of the Foreigner's Identity Card can be done at the end of this period, upon evidence that the foreigner remains as an investor in Brazil and upon submission of the inherent documentation, especially the Income Tax Statement.

Important to highlight that, whenever the Federal Police consider it feasible, it may proceed with inspections in the place to verify the physical existence of the company and the activities that is being performed.

Necessary observation is that, to renewal this permanent visa it is mandatory to apply the renewal process before the expiration date, under penalty of canceling the permanence registration.
On the other hand, it is also possible to obtain the permanent visa with the foreigner investment of less than R$ 150,000.00 (one hundred and fifty thousand Reais), in productive activities in Brazil, in a new or existing Brazilian company.

In this case, the permanent visa process will be analyzed by the National Immigration Council and shall contemplate the social interest of the investment, in accordance with the criteria of: i) quantity of job positions that will be created in Brazil, according to the local manpower absorption plan to be submitted by the company; ii) the amount invested and the region of the country where it will be useful; iii) the economic segment where the investment shall occur; and iv) contribution to increase the productivity or assimilation of technology.

The new Normative Ruling does not foresee for how long the permanent visa granted based on a foreigner's investment shall be valid, for an amount below R$ 150,000.00 (one hundred and fifty thousand Reais). It also does not provide the information to renew it, and in that case may be interpreted it shall be rule, at this point, as the permanent visa granted pursuant to investment equal to or greater than that same amount, that is, its period of effectiveness shall be 3 (three) years and its extension shall depend on the evidence that the foreigner maintains his condition of investor in the country.

It is important to observe that, based to Decree-Law 55762/65, art. 9°, in both above-mentioned cases, the foreign capital invested in Brazil shall be registered into the electronic system of the Central Bank of Brazil (SISBACEN), within 30 (thirty) days, as of the date of entry of the capital in Brazil.

• Permanent visa due to marriage with Brazilian citizen

A permanent visa can also be obtained through marriage with Brazilian citizen, as long as this marriage is considered legal by the authorities.

The permanent visa in these conditions may be applied in the Brazilian Federal Police of location of the applicant's residence, after the marriage has been realized, according to the traditional proceedings of registration of the marriage. The Federal Police of the location where the applicant resides will proceed with investigations with the purpose of proving in an uncontested manner that the marriage exists, in order to prevent frauds in this visa application.

Attentive to the social reality, the immigration authorities recognize that the financial responsibility of the spouses in assists the family's needs shall be respected. That is why, after the application for permanent visa due to marriage with a Brazilian citizen is filed, they allow the foreigner's legal permanence in Brazil, while he or she awaits the judgment of the process, and authorize the applicant to work in the country as well, including the possibility of obtaining a Working Card.

This application may also be file in the Brazilian consulate abroad, in the country where the Brazilian citizen married the foreigner, as provided by articles 1 and 2, item IV of Normative Ruling No. 36/99.

• Permanent visa based in a Brazilian child

The permanent visa under such conditions may be applied in the Brazilian Federal Police of the applicant's residence, which will provide investigations with the purpose of prove in an uncontested manner the declared situation, in order to prevent frauds in this visa application.

Attentive to the social reality, the immigration authorities recognize that the financial responsibility of the son needs shall be respected.

That is why, after the application for permanent visa due to a Brazilian son or daughter is filed, they allow the foreigner's legal permanence in Brazil, while he or she awaits the judgment of the process, and authorize the applicant to work in the country as well, including the possibility of obtaining a Working Card.

This application may also be file in the Brazilian consulate abroad, as provided by articles 1 and 2, item IV of Normative Ruling No. 36/99.

• Transform a temporary visa into a permanent visa

The transformation of a temporary visa item V into a permanent visa can be requested when, according to Brazilian Laws, the foreigner citizen who has a labor agreement can no longer work with the temporary visa.

This happens after the period of time of 4 (four) years of uninterrupted residence in Brazil with the temporary visa under labor agreement. This visa is valid for 2 (two) years and it can be extended for 2 (two) more years and; in the end of this period, it can be transformed into permanent visa.
The reason of this request is the need for the foreigner citizen to continue working at the Brazilian company.

This request is sent and analyzed by the Ministry of Justice, registered in protocol in the Federal Police of the jurisdiction of residence of the foreigner citizen.

• Family reunion

When an foreign, resident in Brazil with a permanent or temporary visa, or a Brazilian, has dependents abroad and wishes them to join him/her in Brazil, an application for family reunion can be made to the Ministry of Foreign Affairs or the Ministry of Justice.

In this case, if the applicant is Brazilian, the dependent shall have a permanent visa, and if the applicant is a foreign citizen (permanent or temporary resident), the dependent shall have the same visa category as the foreign citizen and with the same expiration date.

In this regard, Brazil adopts a very expansive principle to determine who can be consider a dependent and can benefit from family reunion, as follows:

1) Single children, under the age of 21, or those of legal age that are proven not to be able to maintain themselves;
2) Ancestors, demonstrated the necessity of the support;
3) Sibling, grandchild or great-grandchild, orphan, unmarried and under the age of 21, or of any age since demonstrated not to be able to maintain; and
4) Spouse.

In cases 1 and 3, the age limit can be extended to 24 years prove that the dependent is enrolled in any undergraduate or graduate program and that Brazilians are treated the same way in his/her country of origin.

In the case of permanent residents in Brazil (Brazilians or foreign citizens with permanent visa), family reunion can be required in the consulate of the dependent foreign citizens country of residence (in the case that an entry visa shall be granted), or to file at the local Federal Police, in the moment that a right of permanence in Brazil shall be approved.

On the other hand, in case of foreign citizens with temporary visa in Brazil, the visa application must be requested in the Brazilian consulate of the foreign citizens country of residence, according to the provisions of article 8 of Normative Resolution No. 36/99.

In case of foreign citizens with temporary visa in Brazil, family reunion can be requested when the stay in the country is lo nger than six (6) months, and the dependent are not allowed to work in Brazil.

• Family reunion due to stable union

It is essential to emphasize, first of all, the progress of the Brazilian law for enacting this norm that ensure the possibility to obtain a temporary or permanent visa for the companion in a stable union, without distinction of gender.

The legal provision in this case has followed the development and the costumes of the society, admitting a stable union as a new reality of family composition, with all of its effects recognized by the Brazilian law.

In that context, Normative Ruling 77/2008 shall be celebrated and receive the status of a progressive norm in the legal order, for the families who live in a stable and long-lasting relationship without the formal ties of the legal marriage are entitled to the same right granted to the factually and lawfully married couples, to obtain the visa based on family reunion.

The visa is granted, in this case, for the same period granted to the party that already has a visa or the Brazilian citizen. Thus, if that applicant party is the one who holds a temporary visa in Brazil, his foreigner companion will receive the visa for the same period of permanence granted for the applicant party. In case the applicant party original holder of the temporary visa applies for an extension of his permanence in Brazil, that application is extensive to his dependant companion as well.

If the foreigner applicant holds a permanent visa, or authorization for permanent residence, or is a Brazilian citizen, his foreigner companion shall receive a visa linked to the condition of permanence. The term of effectiveness of this visa, however, shall be of 2 (two) years and this condition will be stamped in his passport and in his Foreigner's Identity Card (RNE).

After the two-year period, a permanent visa for undetermined period can be applied proving that the couple maintains the stable union. The Ministry of Justice shall decide as to the foreign companion's permanence for an undetermined period in the country. This rule created by the National Immigration Council intends to prevent frauds in the family reunion requirements based in companions.

If the application for the visa for an undetermined period is made after the date of expiration, a fine will be charged.

In accordance with the establish provision of the law, the right to family reunion can be invoked by the companion who holds a temporary visa in Brazil when his remaining period of permanence in the country is of more than six months. In the case that the companion holds a permanent visa, or holds the authorization for permanent residence or is a Brazilian citizen, the visa for the foreign companion can be requested at any time.

Once the process is approved by the National Immigration Council, the visa shall be send to the Brazilian Consulate abroad indicated in the application.

Registrations and documents when coming to Brazil

In order that a foreign citizen that lives in Brazil may perform its activities, it will have to be provided with some mandatory documents which will certificate its status. The mandatory documents are: foreigner identity card (RNE), individual taxpayer registration (CPF), in case of driving vehicles, the relevant driving license and the job and social security card, in case its visa is based on a working contract with a Brazilian company.

Identification Card for Foreign Citizens (RNE)

Foreign citizens admitted in Brazil, on a permanent or temporary condition, or still as refugee, must register in the Federal Policy within 30 days after their arrival in the country.

The ID for foreign citizens is the main document for foreign citizens that live in Brazil. It is used to identify their residence status (temporary or permanent) and the period of stay.
An ID card will be given not only to the candidate, but also to his dependents, regardless of their age.

The original ID card (or the protocol) shall be presented together with the passport, when the person leaves or arrives in Brazil. RNE protocol is obtained on the day the person visits the Federal Police, visit where the candidate and all his family shall be present for signature and fingerprint collection.

Enrollment with the Individual Taxpayers' Registry (CPF/MF)

The individual taxpayers registration, (Cadastro de Pessoa Física - CPF), is a registration before the Federal Revenue Bureau of Brazil. The main purpose of this document is to make one's tax life feasible when he enters the country, making it possible for the foreigner to pay taxes, to open a bank account, and to have financial investments in Brazil.

The registration of individuals in the Ministry of Treasury is a registration for the tax authorities of all the persons who are or may become taxpayers of the income tax, in accordance with the Brazilian tax laws. The CPF, in the expatriation process, is also essential for the moving and costumes proceedings.

The most common situation when a foreigner applies for the CPF to obtain a permanent visa based on Normative Rulings No. 84/2009 and 62/2004, for the registration is essential for the corporative proceedings of indication of a foreigner to the positions of company manager in the Board of Commerce.

The CPF can be definitely cancelled upon conclusion of the foreigner's mission in Brazil. Otherwise, the foreigner will still be a tax resident in Brazil.

Employment Record Card and Social Security Card - Working Papers (CTPS)

The working card is an identification document of the workers, regardless of his nationality, and it is where all the main elements of a labor agreement are recorded, such as the employer's name, the date of assignment, the role and the gross monthly salary.

Its mandatoriness to the employees is established by the CLT (Consolidation of the Labor Laws), considering the Brazilian culture of not formalizing labor contracts by means of a written document, as opposed to what happens in other countries.

In case a foreigner is hired, it is necessary that all terms agreed in the labor agreement submitted to the Brazilian government upon application for the visa are recorded in the Working Card, as well as in the documents and registries of the company.

Driver's license

Driving a motorized vehicle in Brazil, as well as in any other country, is subject to a driver's license and to prior authorization, regardless of the type of visa the applicant holds.

In Brazil, such authorization can be configured in the following manners, for those who hold temporary visa (the same applies for tourist or business visas):

1) Temporary authorization to drive: to be issued based on in the driver's license of the country of origin and for the same categories of vehicles. It is effective for up to 6 months or up to one year, depending on the state in which it is issued (the State Traffic Departments - Detran - are empowered to determine this term), however linked to the visa and to the term of effectiveness of the foreign license; or
2) International Driver's License (IDL) issued by a member-country of the 1968 Vienna Convention on Road Traffic, which is in force in Brazil as of 1981 by means of Decree no 86.714/81. It must be revalidated in Brazil with a seal of the local Detran for a period of one year. Some Detrans also adopt the revalidation procedure of this document, even if the issuing country is not a member of the Vienna Convention. Currently, in several states, only the foreigners who hold a tourist visa or a business visa may use the IDL; or
3) Only the driver's license from the country of origin (member of the Vienna Convention) with the corresponding sworn translation.

Among the options above, each Detran has the authority to decide which one to adopt. For instance, in the state of São Paulo, item three above is not accepted, and the international driver's license must be validated. In the States of the Rio Grande do Sul and Paraná, on the other hand, a simple sworn translation with the original foreign driver's license are accepted as valid documents for driving. In Rio Grande do Sul, this is possible only as long as the authorization to drive is being issued; in Paraná, it is valid for only six months, and it is necessary to commence and complete the process to obtain a Brazilian driver's license within that term of six months. After this period, the translation is no longer accepted. However, if the country where the license was issued is not a signatory of the Vienna Convention, the driver must go through all the proceedings required from the Brazilian citizens.

Furthermore, in São Paulo, those who hold permanent visas cannot use the international license validated by Detran as a document to drive. They shall apply for the temporary authorization to drive, and when their RNE cards are ready, obtain the Brazilian driver's license.

Other peculiarities of the State of São Paulo is that holders of temporary visas may no longer renew their temporary authorizations. They shall apply for a temporary Brazilian driver's license, even in case of extension procedures of temporary visa awaiting judgment. Up to February 13, 2009, Detran allowed a choice to renew the authorization or to issue a temporary driver's license, but new changes in the interpretation could happen at any time.

Holders of permanent visas shall firstly apply for the temporary driver's license, until they receive their definitive Foreigner's Identity Cards in Brazil. After that, they may obtain the Brazilian national driver's license.

It is important to highlight that the Detrans constantly modify their standards about driver's licenses for expatriates, which is why each situation must be studied on a case basis, verifying the criteria and requirements of each federative unit in Brazil.