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How to handle the work permit to Go to Brazil?

From:Office of Economic Affairs in Brazil

2009-05-14

* Competent authority

Immigration department of the Brazilian Labor Department, must obtain a work permit.



* Work permit system



Under Brazilian government rules, all businesses can hire foreigners to work in The country for short periods, but only if they have a work permit.



* Application procedures



The approval procedures for temporary work visas are as follows:



1. The employer applies to the Immigration Office of the Brazilian Labor Department for work permits for foreign workers,



2. Upon examination and approval of the work permit, the Immigration Department of the Brazilian Labor Department shall notify the Ministry of Foreign Affairs of Brazil, and the Ministry shall inform its embassies and consulates abroad. Foreign workers can go to collect visas upon notification by the Brazilian embassies or consulates abroad.



Requirements and procedures for a long-term work visa



To receive a Visto Permanente visa, foreigners who come to Brazil as directors, managers or representatives must have their business without any delay in federal taxes and meet one of two conditions:



1. The enterprise has a foreign investment of $200,000 (one person may be assigned for every $200,000 invested). Investment may be in the form of cash, technology transfer, investment in kind, etc. The money invested must be registered with Brazil's central bank. Proof of foreign capital registration must be presented when applying for a visa. The purpose of investment may be to set up a new company, increase capital or acquire or participate in a Brazilian company.



2. Provided that there is no conflict with the relevant provisions of the Labour law, the total wage increase of the enterprise in the previous year of the application is equivalent to or exceeds the minimum wage of 240 (i.e. in the case of a substantial increase in the number of employees of the enterprise or in the wages of employees).



In addition, if a foreign investor invests in a company registered in Brazil as a bank or insurance company, the company receiving the assignment will need the prior consent of the Central bank of Brazil when applying for a work permit for the foreign investor. If it is an air transport enterprise, the approval of the Brazilian Aviation Authority is required.



If a foreign investor is newly registered or establishes a company in Brazil, it may also send a signatory representative, as well as an operating or management person, from abroad to Brazil. In such cases, foreigners holding these jobs can also get work permits and permanent visas. But the first work permits and work visas are only valid for two years, and no more than three people can enter Brazil in this way. In such case the company applies for work permits and permanent residence on behalf of its representatives, directors or managers. In addition to other necessary documents, a legal document certifying that the foreign company has been registered in its own country for more than five years, and a document giving the foreign company carte Blanche to register a new company in Brazil on its behalf. The above documents must be publicly translated and notarized and authenticated by the Brazilian consul. The spouse and children of an alien who has obtained a permanent visa may apply for a temporary visa to accompany him or her to Brazil, or they may apply for a permanent visa.



* Provision of information



The following documents should be submitted when applying for a temporary work visa: Application form (in a fixed format); A power of attorney in which the employer authorizes a person to represent the employer in handling the procedures for the entry of foreign employees; Power of attorney in which the employer entrusts its staff representative company to recruit foreign staff; Company profile; Articles of association; Resolution of the board of directors; Certificate of registered capital issued by the Central Bank of Brazil; Proof of payment of Service Life Security Fund (FGTS) and Social Security Fund (INSS) (notarized copy required); Income tax return (notarized copy); Salary certificates of employees issued by foreign companies (parent companies) (translated into Portuguese and notarized and certified by consuls); Resumes of employees, marital status, proof of non-criminal status, proof of health status, diplomas, certificates of professional experience (translated into Portuguese and notarized and certified as consular), financial guarantees, Labour contracts or employment letters (in a fixed form), proof of payment of immigration taxes, proof of handling charges; Application forms for foreign workers and other explanatory forms; Labor contract (fixed form, signed by employing enterprise and foreign labor).



The documents required for the application for a long-term work visa are essentially the same as those required for a temporary visa under category V, except that the following documents are added: proof of the investment relationship between the foreign investment enterprise and the applicant enterprise, the appointment of the personnel to be dispatched by the foreign investment enterprise, and proof of the registration of the foreign investment with the Central Bank of Brazil at the time of its entry into The country.

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