By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Expert
Partner at Mitico Advogados and BR-Visa
Multinational companies promote the exchange of knowledge between its offices in different locations through the mobility of their employees to receive training in companies of the same group located in other regions or countries. To this end, Brazil has a special work permit for those who come to the country for professional training.
To obtain this permit, which can be valid for up to 2 years, it is necessary to present a professional training plan and the migrant must demonstrate:
- The employment relationship with the company abroad;
- The corporate relationship between the Brazilian company where the training will be held and the foreign company in which the migrant is employed.
Applicable Permit
Brazil has a specific residence permit for migrants that come to Brazil to receive professional training in a Brazilian company that belong to same economic group of the company abroad where such migrant is employed.
Applicable legislation
Normative resolution nº 19, from the Brazilian Nacional Immigration Council, of December 1st, 2017, disciplines the granting this residence permit for migrants that come to Brazil, without employment relationship with a Brazilian company, to receive professional training at the Brazilian branch, subsidiary or head office of the same economic group as the foreign company where such migrant is an employee.
Main Requirements
The main requirements are:
- Proof of the relationship between the Brazilian subsidiary, branch or parent company where the migrant will be trained and the foreign company where he is employed.
- Proof of employment relationship between the migrant that will receive training and the foreign company from the same group of the company in Brazil where this migrant will be trained.
- Training plan that includes (i) justification of the migrant’s training in Brazil, (ii) scope (iii) execution method (iv) place of execution (v) granting company (vi) duration (vii) expected results.
Peculiarities
The migrant’s employment relationship remains with the company abroad and not with the Brazilian company where such migrant will receive professional training.
The barrier of a residence permit for professional training 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
The residency permit for professional training may be valid for up to two years. It may not be renewed.
Picture: Freepik