By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Specialist
Partner – BR-Visa and Mitico Lawyers
The transfer of technology is vital for many institutions around the globe. The application of science already developed is an important tool to increase the technological and competitive level of companies. The global mobility of individuals is crucial for this process.
Many companies from different parts of the world execute contracts with Brazilian companies, regular service providing agreements or cooperation agreements for companies from the same group, to transfer technology and know-how. Employees from the company abroad that will come to Brazil and transfer this technology through training plans, based on the agreement between the company abroad and the Brazilian company, and no labor agreement with the Brazilian company, must have the adequate permit to be authorized to work in Brazil, in other words, the applicable residence permit as it is called in Brazil.
Brazil has a specific residence permit for migrants that come to Brazil to execute services related to the transfer of technology to a company in Brazil without any employment agreement with such company, based on an agreement between the migrants´ employer abroad and the company in Brazil.
Normative resolution nº 04, from the Brazilian National Immigration Council, of December 1st, 2017, disciplines the granting of this residence permit for migrants that come to Brazil, without employment relationship with a Brazilian company, for the execution of transfer of technology services.
The main requirements are:
i. simplified training plan, in accordance with the respective agreement, specifying the professional qualifications of the migrant, the scope of training, its form of execution with the number of Brazilians to be trained, the place where it will be performed, the recipient company(s), the time duration and expected results;
ii. copy of the service providing agreements or cooperation agreements, for companies from the same group, that establish the terms in which the transfer of technology will occur; and
iii. in the case of technical cooperation between companies of the same group, statement by the interested company with the identification of the parties and information on the existing associative bond.
The agreement between the company in Brazil and the company abroad, that shall regulate the transfer of technology, must indicate its object, demonstrating the program for the transfer of technology, the value, the term of validity and execution and the other contract clauses and conditions.
The applicant company must indicate to the Ministry of Justice the place(s) where the migrant will perform activities, communicating any changes.
The residence permit may be canceled if detected, by a Labor Auditor or other competent public body, employment relationship with the Brazilian company.
The barrier of a residence permit for transfer of technology 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
It takes around 30 days for the residence permit to be approved, counting from the date the process is filled.
The residency permit for transfer of technology may be valid for up to one year.
The migrant may be granted a new residence permit for transfer of technology, upon detailed justification of the requesting company as to the need for continuity of the transfer of technology service without employment relationship with the Brazilian company.