By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Specialist
Partner – BR-Visa and Mitico Lawyers
Numerous Brazilian and international companies located in Brazil apply for the necessary work permit to hire migrants to be part of their team. Studies demonstrate that an organization with cultural diversity has more problem-solving capacity and is more productive. The global mobility of talents is a reality in Brazil and in the world. This multicultural environment starts with meeting the legal migratory requirements for it to happen. In Brazil, the migrant must have the adequate residency authorization to have a labor relationship with a Brazilian company. Thus, both the company and the migrant must meet all the legal obligations.
Brazil has a specific residence permit for migrants that come to Brazil to work in a Brazilian company under a labor agreement.
Normative resolution nº 02, from the Brazilian Nacional Immigration Council, of December 1st, 2017, disciplines the granting of this residence authorization for migrants that come to Brazil with an employment relationship with a Brazilian company.
The main requirements are:
i. labor agreement between the migrant and the Brazilian company;
ii. proof of qualification and professional experience of the migrant compatible with the job the migrant will be hired for; and
iii. Brazilian company respecting the ratio of at least 2 Brazilian employees for every migrant employee, as well as the same ratio for the total payroll.
The employment relationship between the migrant and the Brazilian company will be governed by Brazilian labor law.
The migrant may not perform management activities and/or represent the Brazilian company as an administrator. For a commanding position, the migrant must apply for the specific residency authorization.
The barrier of a residence permit for labor relationship with a Brazilian company will become a tax resident in Brazil and subject to all Brazilian tax obligation as soon as this migrant enters the country with such permit or obtains the work permit if the is already in the country.
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 validity period of this residency authorization based on a labor agreement will depend on the validity period of the labor agreement with the Brazilian company. It may be valid for up to two years.
The validity period may be renewed indefinitely.