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Foreigners with a work visa without an employment relationship in Brazil

Foreigners with a work visa without an employment are a reality. This often occurs, for example, in cases where a technical function needs to be performed.

If you would like legal assistance from our specialized lawyers to resolve issues with your visa, click here to access the service area and request yours.

Foreigner with an unattached work visa

It’s possible for the foreigner to remain in Brazil with an unrelated work visa. And, in this case, he normally receives the Technical Visa or Technical Assistance Visa, as well as the Technology Transfer Visa.

With this visa, the foreigner is authorized to enter and work in Brazil, providing technical assistance or technology transfer. In this way, the person does not create an employment relationship with a national company, but rather the company they come to represent.

This type of visa allows Brazil to remain linked to the international technology scene, and can often receive training in innovative technological areas on the international market.

Furthermore, if you want to understand more about other types of Brazilian visas for foreigners, click here and find out more.

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Infographic on common types of visas with work authorization: Work Visa, for those who have a work contract with a company in the destination country. A contract is required before applying for the visa, and there may be other country-specific requirements. The Highly Skilled Visa is for professionals with a high level of expertise in specific areas, such as scientists, artists, educators, athletes, etc. The Investor Visa is for people who wish to invest in the destination country, which could be in a traditional company, startup, innovation, or real estate, but generally requires a business plan and a minimum amount. The Digital Nomad Visa is for professionals who work remotely, and it generally requires a contract with a company in the country of origin and proof of funds. The Family Reunification Visa is for foreigners who wish to reunite with family members in the destination country, such as spouses, children, parents, and siblings. The Retirement or Pensioner Visa is for retirees or pensioners with a minimum income. In Brazil, it requires a monthly income of 2000 dollars. Not all countries authorize work with this visa, so please check.

Technical Assistance Visa or Technology Transfer Visa

As we said previously, foreigners with an unrelated work visa are a reality through modalities such as the Technical Assistance Visa or the Technology Transfer Visa.

Thus, this type of visa is offered in cases where a Brazilian company needs technical visits for maintenance and installation of equipment or transfer of external technology. Therefore, it is normally a visit carried out by a technician or specialized laborer.

Documentation for this type of visa may vary, but documents are normally requested that prove the technician’s work plan and statements from Brazilian and foreign companies involved in the technology transfer relationship.

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Can a foreigner with an unrelated work visa work in any role?

Foreigners with an unrelated work visa cannot work in any capacity in Brazil. Thus, many functions are excluded within the technical assistance or technology transfer modality. They are administrative, financial, and managerial functions.

Therefore, it is important to remember that in these cases, a foreigner cannot replace a Brazilian professional.

Temporary visa for paid work in Brazil

A temporary work visa in Brazil is possible, but you must first apply for a work permit from the Ministry of Labor. In this sense, only after receiving a work permit can a temporary visa be requested, which is used for paid work.

To understand everything about the temporary paid work visa in Brazil, click here.

Therefore, it’s important to mention that foreigners with an unrelated work visa do not need prior authorization from the Ministry of Labor. What makes it different from foreigners looking for a paid job in Brazil.

Foreigners with a work visa without an employment

In conclusion, the presence of foreigners holding unattached work visas in Brazil is a tangible reality, particularly within the realms of technical assistance and technology transfer. These visas, including the Technical Assistance Visa and the Technology Transfer Visa, allow foreign nationals to contribute their expertise without establishing an employer-employee relationship with a Brazilian company. This arrangement not only fosters international collaboration but also enhances Brazil’s participation in the global technology landscape.

It’s imperative to acknowledge that individuals with such visas are limited in the roles they can undertake, as administrative, financial, and managerial positions are excluded. Consequently, they cannot replace Brazilian professionals in these capacities.

In contrast, those seeking temporary paid work in Brazil must obtain a work permit from the Ministry of Labor before applying for a temporary work visa. Notably, foreigners with unrelated work visas are exempt from this requirement, setting them apart from those seeking traditional paid employment opportunities in the country.

If you find yourself in need of legal guidance concerning your visa status, our team of specialized lawyers is ready to assist you. Please click here to access our service area and request the support you require. For further information on various Brazilian visa options for foreigners, you can click here to explore your options in greater detail.

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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