Learn More: Foreign Labor in the domestic market – by Marcio Monteiro, Lawyer at Rio Negócios.

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  • Posted on October 31, 2013

    The Normative Resolution No. 104 of CNIg – National Immigration Council – published in the Official Gazette on the 05.17.2013, has encouraged the entry of skilled labor in the country, since it simplifies the procedures for issuing authorization for foreigners to work in Brazil. To find out more about it, click here.

    The main simplification that has taken place is the fact that the documents can be sent on the internet, as well as the permission for visa applications so they are reviewed prior to submission of certified translation.

    The resolution also eliminates requirements relating to remuneration abroad, simplifies and clarifies the procedures for cancellation of authorization, renewal and transformation of stay, reducing the amount of required documents to the person or entity that has an interest in coming abroad to work in Brazil in addition to other measures.

    Another recent change refers to dependents of foreigners with work visas. Before, if an executive were to move to Brazil, his wife and children jointly obtained visas, but were prevented from working. Now, the resolution also discusses the possibility that the dependents have the opportunity to work can require temporary work visas.

    The changes from the Resolution 104/2013, are added to other measures that have been implemented by the Government in order to facilitate the arrival of foreigners to Brazil. For example: the publication of the Normative Resolution No.99 held at the end of last year that authorized individuals who require a work permit.

    Other changes to the current regulations are being analyzed, including the end of the requirement of an employment contract for over qualified people and reducing the number of documents requested. The intention is that the improvement of immigration policies gives greater effectiveness to a combination of technical and cultural benefits, which has taken place due to the arrival of foreign professionals in the country.

    According to the Ministry of Labour and Employment, in 2012 more than 73 000 foreigners obtained a work visa in Brazil, which shows an increase of the migration flow in the last years – as a result of the recent economic stability and increase in the amount of jobs in the country. This situation occurs due to the changing profile of Brazilian workers and the distribution of national income, as well as the low unemployment rates and consolidation of Brazil among the markets with the greatest economic importance.

    The resolution 104 follows a guideline to avoid replacing the national workforce by foreign workers. The issuing of visas remains as criteria for granting the analysis of the benefits of professional input for the country in an economic, cultural and technical perspective. It still can be considered innovative, and reflects the new position Brazil is in relation to the treatment of foreign labor which increasingly shows us a regime of openness.

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