In 2017, the National Immigration Council published Normative Resolution (RN) No. 03, which brought some news about the residence permit for technical assistance in Brazil. This rule revoked some old provisions that dealt with this topic and included new procedures in line with the current Migration Law.
The residence permit is granted to migrants who are interested in temporarily or permanently residing in the country, but for this they must comply with the requirements of the model in which they are framed and follow some very specific rules for granting them.
Thus, we prepared this article to clarify the main points about this residence permit. Check out how it works!
What is a residence permit for technical assistance?
This authorization is granted only by the Ministry of Justice, to the migrant who comes to reside in the country without an employment relationship, for the provision of a technical assistance service derived from a contract or agreement, established between a foreign and Brazilian company.
It is provided for in art. 38, § 2, item III of Decree No. 9,199/2017, which regulated the Migration Law, as set out below:
Art. 38 — A temporary work visa may be granted to an immigrant who comes to work with or without an employment relationship in the country.
- 2 The temporary visa for work without an employment relationship will be granted through proof of a job offer in the country, in the case of the following activities:
III – provision of technical assistance service or technology transfer
However, it is important to note that this modality does not apply to administrative, financial and managerial functions.
What is the deadline given to the migrant?
According to the aforementioned Resolution, this type of authorization will be valid for a maximum of 1 year, as provided in its article 2, § 5:
- 5 The period of residence of the immigrant holder of the temporary visa referred to in art. 1st will be for up to 01 (one) year.
The rule provides for the granting of a new authorization specifically in its article 3:
Art. 3rd A new residence permit may be granted to the immigrant, observing the maximum period established in art. 2, upon detailed justification of the applicant company as to the need to continue providing the service without an employment relationship.
Who can apply?
According to the legislation, the calling company must apply for authorization. Article 5 of RN nº 03 determines which companies can make the request:
Art. 5 – It is competent to file a request for a residence permit provided for in the caput of art. 1 the legal entity, which:
I – is the recipient of technical assistance services;
II – is a member of the same economic group as the foreign company that employs the immigrant that performs the provision of services, simultaneously, to several companies receiving technical assistance services in Brazil; or
III – is an intermediary of the foreign company that employs the immigrant, due to a contract with an express clause of exclusivity in Brazilian territory.
What documents are needed?
In short, based on Normative Resolution No. 01, the documents to be presented to the Ministries of Justice are as follows:
- Document issued and signed by the Federal Revenue Service of Brazil, in the case of purchase and sale of equipment linked to technical assistance.
- Contract, cooperation agreement or agreement signed, in the case of technical assistance to equipment.
- Declaration by the Brazilian company, in the case of technical cooperation between companies of the same group, with identification of the parties and information on the existing associative link.
These documents must contain, among other information: (i) the contracting parties, (ii) the object of the provision of services or the acquisition of the equipment, (iii) the period of validity and/or warranty and (iv) the place and date subscription or purchase of equipment.
- Corporate document of the Brazilian legal company and act of election or appointment of its legal representative, duly registered with the competent body, as well as the National Registry of Legal Entities – CNPJ;
- Migrant’s valid travel document.
What are your quirks?
RN nº 03 brings some singularities about the authorization for technical assistance, as in the case of the company proving the urgent nature of the service. In this situation, a period of 180 days for residency may be granted, within up to 5 working days, upon presentation of the letter of invitation from the interested company.
This period for granting authorization can be shortened to 2 working days if an emergency situation is proven. Another point worth noting is that the corporation for which the migrant will provide technical assistance will be responsible for him during his stay in the country.
What are the statistics about this modality?
Up until at the end of 2017, this model had been taking timid steps but showed a marked growth from the current Migration Law. According to recent data, made available in the 2019 Annual Report on Immigration and Refuge in Brazil, in 2018 CGIL granted 30,619 authorizations, of which 26,012 were for Residence and 4,560 for Previous Residence, and Normative Resolution No. 03 was the basis for 45.7% of these concessions.
Currently, we observe the Brazilian market very integrated into the international scenario, using various equipment that require training, support and assistance. Thus, the residence permit for technical assistance arises to meet this need.