The House Plenary approved on Tuesday, 06, PL 2516/15 that creates the Migration Law.
The new Migration Law regulates the duties of the migrant and visitor in Brazil and the entry and stay of foreigners. The text also deals with the protection of the Brazilian emigrant. Before being in force, the text returns to the Federal Senate for a new vote.
Important points for the expatriate with the approval of the new law that will replace the Estatuto do Estrangeiro:
Amnesty
The amnesty is granted in the form of permanent residence to immigrants who have entered Brazil up to July 6, 2016, and apply until one year after the beginning of the law, irrespective of the previous migratory situation. There will be exemption from fees, but false statements may lead to its subsequent revocation.
Changes to prohibit the authorization of permanent residence for a foreigner criminally convicted in Brazil or abroad by a final judgment if the crime is typified in Brazilian law were included.
The exception will be for those convicted of crimes of lesser offensive potential; For the rehabilitated, in provisional freedom or in compliance with sentence in Brazil; And for migrants who have come to take care of health, those received for humanitarian reasons, those admitted by family reunion and those benefiting under an international treaty on residence or free movement.
By the text, the residence may be denied even if the person concerned has been expelled from Brazil previously, if he has committed an act of terrorism or is responding to extraditable crime, among other points.
Biometric Identification
According to the proposal, the housing in Brazil is authorized for the cases of temporary visa and also for the approved for public function; For the beneficiary of refuge, asylum or protection of the stateless person; For anyone who has been the victim of trafficking in persons, slave labor or violation of law aggravated by their migratory condition; Who has already possessed the Brazilian nationality and does not wish or does not meet the requirements to repurchase it.
The measure requires that any immigrant holding a temporary visa or residence permit be identified by biographical and biometric data.
Repatriation
The text also states that there will be no repatriation of a person to a nation or region that could present a risk to their life, safety or integrity.
Cases in which the foreigner will be prevented from entering Brazil:
– Person previously expelled from the Country, while the effects of the expulsion are in force;
– A person convicted or responding to a lawsuit for acts of terrorism or for a crime of genocide, a crime against humanity, a war crime or a crime of aggression;
– Person sentenced or responding to proceedings in another country for an intentional crime subject to extradition, in accordance to Brazilian law;
– Anyone whose name is included in a list of restrictions by court order or by a commitment made by Brazil to an international organization;
– A person who presents a travel document that is not valid for Brazil, with expiration date or with erasure or evidence of falsification;
– Who does not present a travel document or identity document, when admitted;
– Any person who does not carry a visa that is consistent with the purpose of the trip, when the visa requirement applies;
– Any person who has proven fraudulent documentation or information presented at the time of the visa application; and
– A person who has committed an act contrary to the principles and objectives set forth in the Constitution, through a grounded act of competent body of the Executive Branch.
SOURCE: Agência Câmara