New regulations clarify procedures in additional immigration categories

28 Feb 18

BRAZIL

IMPACT – HIGH

What is the change? The Brazilian Ministry of Justice has published three additional regulations (“Portarias 3, 4 e 5”) establishing immigration routes that were not previously covered by the New Immigration Law, Regulatory Decrees and Normative Resolutions published last year.

What does the change mean? Effective immediately, the new regulations set requirements and procedures for categories that include initial and renewal applications for students, interns (summer jobs), family reunion applicants, health-related travel, refugees and others who were not specifically covered in the law.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Resident immigrants (student, internship, family reunion, refugees, health treatment and other situations not explicitly address in the Immigration Law).
  • Who is affected: Immigrants applying for a residence in Brazil or having an existing residence that must be renewed/extended.
  • Business impact: These new regulations add clarity and legal basis for local residence applications based on specific scenarios that were not previously addressed in Brazil’s laws and decrees.
  • Next steps: Applicants in the designated categories may now proceed with their applications.

Background: Prior to the publication of these regulations, the New Immigration Law did not provide specific requirements for important residence paths, such as applications for students, family reunion, refugees and others, or details about local ID renewals.

BAL Analysis: The New Immigration Law has significantly changed the immigration procedures in Brazil, establishing that residence authorization applications may be submitted in country. These new regulations provide significant details, confirming important procedures and providing guidance on the additional scenarios. Some scenarios have yet to be clarified, but BAL expects additional regulations to be published through this year. BAL will continue to be in contact with local authorities and report updates as soon as they become available.

This alert has been provided by the BAL Global Practice group in Brazil. For additional information, please contact brazil@balglobal.com.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.