Brazil: Visa processing and document legalisation to be delayed

A strike by Brazilian Ministry of Foreign Affairs (MFA) workers will result in delayed visa processing and document legalisation procedures, both in Brazil and at many consulates worldwide.

In Brazil, local document legalisation procedures and the transmission of visa pre-approvals to consular posts will be subject to delays, due to reduced personnel.

Brazil: Registration appointment delays likely in São Paulo

The Federal Police in São Paulo are implementing a new IT system that is expected to cause delays for foreign nationals seeking to schedule appointments to register their work visas and obtain a Registro Nacional de Estrangeiro (RNE) – a temporary identification document. While the new system is being implemented, appointment slots will not be available online and walk-in appointments will not be possible

Brazil: Dependents’ work rights, change of status eligibility and other relaxed rules clarified

A seminar with immigration officials has clarified several rules outlined in a decree published in May. Key clarifications are related to dependants automatic work authorisation, the elimination of the proof of residency requirement for business and work visa applicants and the status change rule for temporary residents and tourists. These rules are effective immediately (except those that require a separate Normative Resolution to be implemented) but may be subject to discretionary application by government officials.  The clarifications are discussed below.

Brazil: Document legalization requirements to be simplified

On or about August 14, 2016, authorities in Brazil will accept documents legalized with apostille, which involves a streamlined legalization process available in certain countries. Consular legalization will no longer be required once the announcement is fully implemented.

Background

Apostille of documents offers benefits for the following reasons:

  • Authentication can occur in one or two steps, in contrast to consular legalizations, which normally involve multiple levels of verification; and
  • Some countries offer an electronic apostille process, which allows tracking of apostilled documents.

Brazil: Higher minimum investment for investor visas

New rules for investor visas raise the minimum investment amount and create an exception that allows lower investment amounts.

Higher Investment Requirement

The minimum investment amount is now BRL 500,000 (approximately USD 130,000) instead of the previous BRL 150,000 (approximately USD 40,000). 

Acceptance of Smaller Investments

The National Council of Immigration may also now accept investments between BRL 150,000 and BRL 500,000 for activities that involve innovation, technology and scientific or technological research.  The Brazilian enterprise receiving the investment must meet one of the following conditions:

  • have received innovation-related investment, financing or resources from a government institution;
  • be located in a designated technology park;
  • qualify as a finalist in a government program sponsoring start-ups;
  • qualify as a facility that offers start-up businesses a place to grow (“business incubator”); or
  • have benefited from a specific program that encourages start-ups ("start-up accelerator").

This type of application will require specific documents that prove the company's scientific or technological work on the project.

Investor Visa Terms Remain Unchanged

Foreign investors under the visa are still eligible for an initial three-year stay with the possibility of renewal if the investor can prove that he or she is still acting in the same capacity as indicated on the Investment Plan of the original visa application.

What This Means for Employers and Foreign Nationals

Foreign investors should be aware of the higher investment requirement and should contact their immigration professional to discuss visa eligibility.