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Foreign Maritime Crew and Workers in Brazil: Know your Rights

It is common to have questions about the maritime work of foreigners in Brazil, after all, with the new Migration Law of 2017, many procedures have changed. Thus, in this text, you will understand how the labor of a foreigner in Brazil works, in addition to seeing rules about the period of stay and more specific information about this type of work. Check it out!

If you need legal support, click here to contact our specialized team.

Who are the maritime workers? 

Maritime workers are those people who work in any type of activity on a vessel intended for navigation. Therefore, it can be in the open sea, naval support, port support, or navigation in channels, lagoons, bays, coves, and coves, for example.

What are the members of a crew?

The members of a crew are based on the direct command of the vessel and the team that performs certain tasks, such as health professionals, for example:

  • Captains; 
  • Officers; 
  • Masters; 
  • Sailors; 
  • Chief Machinery Officer; 
  • Electrician; 
  • Cook; 
  • Steward (responsible for cleaning); 
  • Nurse; 
  • Health Assistant. 

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How to work as a foreign mariner in Brazil? 

In order to work as a foreign mariner in Brazil, you need to obtain a temporary visa. However, this visa is not required in cases of vessels on long-haul journeys (foreign and Brazilian ports) and cabotage (transit between Brazilian ports). 

What visa do foreign maritime workers need to enter Brazil? 

Initially, the Ministry of Labor grants foreign maritime workers residence authorization for work purposes without an employment bond in Brazil. 

What are the requirements to obtain this visa? 

In short, the foreigner has the opportunity to remain on Brazilian soil, as long as he does not exceed 2 years in Brazil. However, this deadline can be renewed by the foreigner. 

How many ports receive mariners today, and in which states? 

The 5 main and largest ports in Brazil today are: 

  • Santos, São Paulo; 
  • Paranaguá, Paraná; 
  • Itaguaí, Rio de Janeiro; 
  • Rio Grande, Rio Grande do Sul; 
  • Itaqui, Maranhão.

What is the work of Cruise Employees like? 

Cruise Employees are hired and have the right to remain in Brazil while they are working. After all, since the new Migration Law, foreigners have the right to work in the country and perform their duties, legally assured. 

What are the most common nationalities of these workers? 

The most common nationalities of maritime workers are: 

  • Argentine; 
  • Chilean;
  • American. 

How long do they usually stay on Brazilian soil? 

Maritime workers usually stay in Brazil for up to 2 years, as allowed by the new 2017 Migration Law. 

What is allowed to them without having a residence visa? 

A visa for maritime workers is required if the stay is longer than 90 days. In this way, they can stay in the national territory without any irregularity, as long as they present an International Maritime Card issued in accordance with the International Labor Organization Convention. 

However, if the foreigner decides to stay longer in Brazil, he must obtain a residence authorization, granted by the Brazilian Government. 

Can they bring products? 

Yes, maritime workers can bring products, as long as it’s for personal use and consumption. 

Can they buy products? 

Yes, maritime workers can buy products in Brazil, like any other foreigner legally in the country. 

Can they take vacations in Brazil? 

Yes, maritime workers can take vacations while staying in Brazil. 

And if they have a relationship with a Brazilian, how does the situation go? 

The foreign maritime worker, who wishes to, can stay longer in Brazil by having a relationship with a Brazilian. This can be done by applying for a Family Reunion residence authorization, if already on Brazilian soil. 

But if the foreigner is not yet in Brazil, he can request a Family Reunion visa or another visa modality to enter the country and, after being legalized in Brazilian territory, then request his residence authorization. 

And if they have a child with a Brazilian? 

From the moment the foreign maritime worker has a child with a Brazilian, he can obtain a Family Reunion visa. Consequently, he can also apply for residence authorization. That is, having a child with a Brazilian can guarantee his or her rights as a father or mother of a Brazilian and stay in Brazil. 

And if they have a Brazilian child? 

Likewise, in the case of the maritime worker who has a Brazilian child, he can also obtain a Family Reunion visa to stay in Brazil. In this case, the justification for the visa and stay, if you wish to obtain residence authorization, is due to the link with the Brazilian child. 

Precautions you should have if you wish to obtain your visa or authorization 

As you should have noticed, to enter Brazil or act as a sailor in Brazilian ports and cruises that pass through the country, you need to take some precautions.

Generally, you need to know what type of visa and/or residence authorization you need to request to stay regularized in Brazil.

With this, you guarantee more tranquility, since, being legalized, you do not suffer the penalties provided for by law, such as a fine, among others!

Carolina Correa

Advogada (OAB/RS 127.271), é bacharel em Relações Internacionais e pós-graduanda em Direito Previdenciário. Atualmente, trabalha na Koetz Advocacia, sendo responsável pelo atendimento e avaliação dos novos casos de estrangeiros que desejam vi...

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