Work legalization for foreigners in Brazil: Step-by-step.

The search for the legalization of foreigners in Brazil to work is not new and already has established legislation. Professionals from abroad who want to work in the country need to go through some administrative processes. Check it out!

Data on Foreigners Working in Brazil

According to the 2018 annual Migration and Labor Market in Brazil report issued by OBMigra (Observatório das Migrações Internacional), the Brazilian government authorized around 25,000 immigrants to work in the country in 2017.

The nationals of the countries with the highest number of authorizations granted were: the United States, Philippines, United Kingdom, China, and France. Most of these hires took place in São Paulo. However, this scenario has been gradually changing. For some years now, the southern region has also been hiring a significant number of foreigners.

However, the process of hiring foreigners still raises questions both for those entering the Brazilian labor market and for the companies that are hiring. Below we will explain step by step the legalization of foreigners to work in Brazil.

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Step-by-step of the legalization of foreigners in Brazil to work: MERCOSUR and other countries

Those who are from another country and want to work in Brazil must go through a series of bureaucratic steps before working in the country. However, there is a difference between those coming from MERCOSUR and those from other countries.

MERCOSUR national foreigners

The Southern Common Market (MERCOSUR) – initially created by Brazil, Argentina, Paraguay, and Uruguay – is a regional economic bloc. Currently, Venezuela is also part of the bloc, however, it’s suspended from all rights and obligations inherent to its status as a State Party of MERCOSUR.

There are other countries also bound by the agreement but as Associated States. They are Chile, Bolivia, Peru, Colombia, Guyana, Suriname, and Ecuador. And since 2015 Bolivia has been in the process of accession.

MERCOSUR’s objective is to strengthen the common space and thereby generate commercial and investment opportunities through the competitive integration of the region’s economies in the international market. Thus, it has commercial, political, and cooperation agreements with several nations on all continents. This directly impacts the legalization process for foreigners in Brazil to work, if they are migrants from one of the State Parties.

As of 2009, the bloc implemented instruments to facilitate the free movement of people between countries, aiming to strengthen regional integration. Thus, the Residence Agreement for Nationals of MERCOSUR States Parties and the Residence Agreement for Nationals of MERCOSUR States Parties, Bolivia and Chile, was created.

Residence Agreement for Nationals of Member States of MERCOSUR, Bolivia, and Chile

These agreements allow MERCOSUR citizens the right to obtain legal residence in the territory of another State Party. In this case, the agreement provides for the right to residence and work for citizens with no requirement other than nationality. Thus, it facilitates the request for a residence visa as long as these individuals have a valid passport, birth certificate, and negative criminal record certificate.

Nationals are entitled to work under the same conditions as nationals of the other State. The labor legislation applied is that of the State in which the national will work. In addition, MERCOSUR agreements make it possible to unify contributions and payments made to Social Security in order to facilitate obtaining social security benefits.

Foreign nationals from other countries

Foreign nationals from other countries who wish to work in Brazil with an employment contract need to apply for a visa and a work permit. It’s important to point out that there is a difference in the steps for those who have an employment contract (employment relationship) and those who do not – the rules differ, so the steps below are only for those who have a contract with a Brazilian company.

The first step is to find a Brazilian company that wants to hire a foreign worker. Brazilian legislation protects Brazilians, so they have priority in vacancies. Thus, for a company to hire a foreigner, it’s necessary to justify this hiring.

Legalization of foreigners in Brazil to work: Obtaining authorization

The first stage of the process is up to the company. There are two ways to initiate the request:

• Previous Residence – In this case, it’s for the individual who is still abroad. Thus, the process must be initiated by the company in Brazil;
• Residence – both the company and the immigrant can start the process since the individual is in a national territory.

In both cases “Previous Residence” and “Residence”, the rule that applies in the administrative process and in the necessary documentation is Normative Resolution n. 01 of December 1, 2017, of the National Immigration Council (CNIg). In addition to RN 01/2017, the individual must also be aware of RN 02/2017.

The request is made electronically through the “Immigration Management and Control System” (MigranteWeb) which requires, obligatorily, Digital Certification. And the necessary documents are listed in RN 01/2017 and RN 02/2017.

The estimated time for the Ministry of Labor to respond is between 15 and 30 calendar days. The expected period of residence is up to 2 years – varying according to the employment contract with the company.

A permanent visa in the country is indispensable for the legalization of the work of foreigners in Brazil

After receiving the work permit, the individual can start the visa process at the Consulate in his/her region. It’s important to point out that the request can only be made abroad – Brazilian visas are not granted in the national territory.

The work visa can only be applied for in person by the individual or proxy. However, if requested by a proxy, the individual must collect it personally when issued.

Upon arrival in Brazil, the holder of a work visa must appear at a Federal Police unit within 90 days for registration – which is mandatory, regardless of the validity of the visa.

Required Documentation

There is standard documentation required for the visa application, but this may vary according to the case.

• Passport valid for at least 6 months from the date of entry into Brazil;
• Copy of the applicant’s birth certificate;
• Signed visa application protocol;
• A biometric photo in the 3.5×4.5cm format – the photo must be sent on the form;
• Criminal record certificate issued less than 90 days ago;
• Interested parties are recommended to arrange for international health insurance;
• Consular fees – may vary by country and region.

Request procedure for legalization of foreigners in Brazil to work

The form described in the documentation is completed online on the website of the Ministry of Foreign Affairs. After filling out, the protocol must be printed, and signed and the photo must be pasted.

The protocol and other documentation must be presented at the Consulate and only when everything is complete will the verification process begin. The analysis takes an average of 30 days and after approval of the visa, the individual will be able to pick it up on the spot.