In recent years, the National Immigration Council (CNIg) – the body responsible for formulating the national immigration policy in Brazil – has updated several regulations regarding residence permits in the country. In 2017, Normative Resolution (RN) No. 16 was published, introducing some new provisions regarding the entry and stay of artists and athletes in the national territory.
This type of authorization was created to facilitate the acquisition of permits for migrants who wish to reside in the country for the purpose of engaging in artistic or sports activities, such as participation in exhibitions, performances, sports competitions, and other similar activities.
Just like in other categories, this type of authorization follows specific rules and must meet certain requirements. To learn more about this topic, continue reading!
How does authorization for artists and sportspeople work?
This category applies to migrants who fall under the artist or athlete category and intend to stay in the country for more than 90 days without employment ties. For shorter stays, a tourist visa must be requested, as specified in Article 29 of Decree No. 9,199/2017, which regulates the Migration Law:
Article 29. The tourist visa may be granted to visitors who come to the country for a short-duration stay without the intention of establishing residence, for purposes of tourism, business, transit, engaging in artistic or sports activities, or in exceptional situations for national interest.
The category for artists and athletes also includes coaches and other auxiliary professionals in the activity, as outlined in Article 46 of the same decree, as follows:
Article 46. Temporary visas for artistic or sports activities may be granted to immigrants who come to the country to participate in exhibitions, performances, artistic presentations, artist meetings, sports competitions, and other similar activities, with the intention of staying in the country for a period exceeding ninety days, under a fixed-term contract, without an employment relationship with an individual or legal entity based in the country.
1st Paragraph: The temporary visa granted for artistic and sports activities also covers technicians in entertainment shows and other professionals who, in an auxiliary capacity, participate in the activities of the artist or athlete.
What are the requirements for the grant?
Normative Resolution No. 16/2017 outlines several requirements for the granting of a residence authorization for these activities, as follows:
- A contract without an employment relationship and for a fixed term between the migrant and an individual or legal entity based in the country.
- A contract with a stay period exceeding 90 days.
- The obligation to regularize the contract with the professional category representative organization.
- Participation in exhibitions, performances, artistic presentations, artist meetings, sports competitions, and other similar activities.
What documents are required?
For the analysis and granting of the authorization, the presentation of an extensive list of documents is mandatory. Among them, we can mention those listed in Article 2 of Normative Resolution No. 16, which include:
- A valid passport.
- Personal identification document.
- A certificate of criminal background.
- A fixed-term service contract.
- Documentation and information about group members, when applicable.
- Power of attorney, if applicable.
- Documentation from the contracting company and its respective Corporate Taxpayer Registry (Cadastro Nacional da Pessoa Jurídica – CNPJ).
In addition to these documents, it is necessary to provide the documentation specified in Normative Resolution No. 01/2017. An important point to consider is that for documents issued abroad, compliance with apostille and translation rules is necessary. In this regard, specialized assistance can ensure that all information is correctly presented to the relevant authorities.
What are the peculiarities of this modality?
Both Decree No. 9,199/2017 and Normative Resolution No. 16 contain specific provisions regarding this type of authorization, such as:
- The requirement for a contract with the representative association of the professional category and other entities.
- Tax and labor obligations are the responsibility of the contractor.
- Engagement in paid artistic or sports activities.
- Inapplicability to artists or athletes who come to the country under an individual employment contract.
- Obtaining a visa for artistic and sports activities does not exempt the obligation to obtain authorization and registration with the Ministry of Labor.
How does the expiration and renewal period work?
According to the sole paragraph of Article 2 of RN 16/2017, this type of residence authorization has a validity period of up to one year, which is counted from 90 days, as follows:
“Sole Paragraph: The period of residence referred to in the main clause will be up to 01 (one) year.”
Guidance regarding the possibility of renewal should be followed as outlined in RN 30/2018, which regulates the renewal of the residence authorization period or change to an indefinite period.
How can consultancy help in this process?
The processes for visas and residence authorizations involve the submission of various information and documents, making them quite complex. The documentation and procedures can vary significantly depending on each case.
To ensure the correct completion of all stages, it is essential to be knowledgeable about the relevant norms and regulations applicable to the specific situation. Therefore, it’s crucial to have specialized assistance to help ensure compliance with the rules set by immigration authorities.
In this regard, BR-Visa is an excellent choice to assist with this process. They have a multilingual team ready to work swiftly and with excellence in all stages of the immigration process. They offer visa services and the necessary documents required for a migrant’s legal entry and stay in Brazil.
The entry of professionals in the arts and sports fields into the country contributes to greater cultural diversity and helps build multicultural environments. In this context, the authorization for artists and athletes allows these categories of migrants to temporarily reside in Brazil. To ensure compliance with the rules in this category, it is essential to hire a specialized consulting and advisory service.
Did you find these tips helpful? Contact us for any questions about the immigration process to the country. We have a fully qualified team to assist you!