Brazil – Dependants of temporary work visa holders to be allowed to work
09 June 2016Brazil is joining the growing number of countries that allow family members of foreign workers to work during an assignment. In a decree regulating the legal status of foreigners, issued on 10 May 2016, a number of changes have been announced that will help remove some of the bureaucracy inherent in regulations dating back to 1981. One of the new aspects is that dependants (over 16 years of age) of temporary work visa holders will automatically be granted a visa that allows them to work in Brazil.
This is great news for family members of staff who come from outside the Mercosur area to work in Brazil for a few years. Until now, family members had to return to their home country to apply for a separate working visa if they got a job offer, a bureaucratic process which could take some 45 days. This was an issue particularly for spouses or partners who wanted to work or be self-employed. Employers also saw it as a hurdle to attract the talented staff they needed to fill skills shortages and support the growth of the economy.
Permits Foundation has been calling for a change for several years. In March this year, the foundation proposed an amendment to the latest Bill (Establishing the Migration Law) being considered in Congress. This Bill was put on hold in view of the political crisis surrounding the impeachment of the president, Mrs. Dilma Rousseff.
Following the publication of the decree (no. 8.757, 10 May 2016) in the Official Gazette, it is expected that the National Immigration Council will issue complementary legislation, in the form of a Normative Resolution, to define how the changes will work in practice and to establish the implementation date.
We will update this article as soon as further information becomes available.
Read more:
Text of Decree no 8757 of 10 May 2016, altering Decree nº 86.715, 10 December 1981 (Ref Art. 23-A)
Permits Foundation Proposes Amendment to Migration Bill to Allow Accompanying Dependants to Work