By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Expert
Partner at Mitico Advogados and BR-Visa
Brazil has a specific temporary visa modality for migrants who come to Brazil, without an employment relationship with a Brazilian institution, with the purpose of carrying out research, teaching or academic extension.
With the advance of the new migration law in force since 2017, scientists, researchers and professors may stay up to 90 days in Brazil with a visitor visa, or with the visitor visa exemption, depending on the nationality.
For those who intend to spend a longer period, for research, teaching or academic extension, without an employment relationship with a Brazilian institution, they may apply for a specific visa and residency authorization.
Applicable Permit
Brazil has a specific residence permit for migrants that come to Brazil, without an employment relationship with a Brazilian institution, with the purpose of carrying out research, teaching or academic extension.
Applicable legislation
Normative resolution nº 20, from the Brazilian Nacional Immigration Council, of December 1st, 2017, disciplines the granting of this residence permit for researcher, scientists and teacher migrants that come to Brazil to research, teach or academic extension, and that must stay in Brazil for more than 90 days, without employment relationship with the Brazilian research or academic institution.
Main Requirements
The main requirements are:
- For scientists or researchers, being classified under one of the following conditions:
- Bearer of scholarship granted by foundations that support institutions of higher education and scientific and technological research, public or private, to carry out research in a Brazilian institution of higher education, public or private, recognized by the Ministry of Education or other national technical-scientific institutions recognized by the Ministry of Science Technology and Innovation; or
- Bearer of scholarship funded by the National Council of Scientific and Technological Development (CNPq), by the Coordination for the Improvement of Higher Education Personnel (Capes), by the Financier of Studies and Projects (Finep), or other public foundations to support research; or
- being a scientist, researcher or professional who comes to Brazil under an international agreement duly recognized by the Ministry of Foreign Affairs;
- coming to participate in research projects established between foreign institutions or research and development centers of foreign companies with:
- National company;
- National company incubator;
- Scientific, Technological and Innovation Institution (ICT);
- Technological Innovation Center (NIT);
- Support foundation;
- Technology park;
- Technology hub; and
- Public and private teaching and research institutions scientist.
- researcher or professional who comes to carry out research not regulated by Decree No. 98,830, of 1990.
2. For teaching or academic extension purposes, being classified under one of the following conditions:
- as a professor, with no employment relationship with a Brazilian institution, when maintained by an institution in its country of origin, under the terms of inter-institutional agreement or similar instruments executed between the Brazilian educational institution interested higher education institution and the foreign higher education or research institution;
- beneficiary of a scholarship granted by a Brazilian institution of higher education, public or private, recognized by the Ministry of Education.
Peculiarities
The scientist or researcher may receive payments in the form of daily allowance, subsistence allowance, cachet, pro-labor or other travel expenses, as well as compete for prizes, including cash, in competitions or in contests focused on science, technology and innovation.
The barrier of a residence permit for researchers, scientists or academics, without an employment relationship with a Brazilian institution, that come to the country with the purpose of carrying out research, teaching or academic extension, will become a tax resident in Brazil and subject to all Brazilian tax obligations, after 183 days, consecutive or not, physically present in Brazil, counted within a 12 months period.
Timeframe – Issuance and Validity
Issuance
It takes around 30 days for the residence permit to be approved, counting from the date the process is filled.
Validity
This residency permit for research, teaching or academic extension may be valid for up to two years.
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