Brazil – Permits Foundation proposes amendment to Migration Bill to allow accompanying dependants to work
09 May 2016Permits Foundation has proposed an amendment to the migration Bill being considered in the Brazilian National Congress. If it becomes law, the amendment would allow accompanying dependants of temporary working visa holders to work or be self-employed during an assignment to Brazil.
Currently, dependants of temporary workers need to apply for a work visa if they get a job offer. Despite being legally resident in Brazil, they have to give up their dependant’s visa and return to their home country to complete the application for a work visa. The procedure can take 30-45 days and it is off-putting for partners who would like to work and for their potential employers. This is a major factor for some families in deciding whether to accept a job offer in Brazil, which in turn has a negative impact on employers’ ability to attract the talent they need to fill important skills shortages.
By contrast, family members of permanent residents are allowed to work. That includes the managers of corporations who are eligible for a permanent visa, spouses of Brazilian citizens and parents of children born in Brazil. Mercosur nationals and their family members, irrespective of nationality, are also allowed to work. Permits Foundation is looking to extend this good practice to the family members of other temporary workers who form a relatively small group.
Internationally, 30 other countries allow accompanying family members to work as part of a modern approach to managing migration. Brazilian families abroad benefit from these regulations. Permits Foundation argues that if Brazil also adopts this international best practice, it will become more attractive to global talent. This goes hand-in-hand with international investment and development, and will help the economy to grow. There are also social benefits, including the promotion of equal opportunities and the positive impact of working on health and well-being, family relationships and integration into local society. This creates a “triple win” that is good for families, good for employers and good for Brazil.
The new Bill, known as PL 2516/15 (Establishing the Migration Law), is the latest endeavour to reform Brazil’s Foreigners’ Law, which stems from 1980 when the country was under a military regime. The old law, which had a heavy emphasis on security, is widely considered to be out-dated. In recent years, a number of procedural improvements have been made via resolutions of the National Immigration Council, while plans for wider reform drafted in 2009 stranded. The latest Bill was developed in the Senate and has fair and equal treatment as one of its key aims. It is being reviewed by a special committee of the Chamber of Deputies. Permits Foundation has written to the chair, Bruna Furlan, and Rapporteur, Orlando Silva, following consultations at earlier stages and attendance at public hearings. Our letter has been published along with other responses on the website of the Chamber of Deputies.
At the present time, new meetings and public hearings on the Bill are suspended during the process of impeachment of the president.
Read more:
Chamber of Deputies Committee on PL 2516/15 Establishing the Migration Law (in Portuguese)
(Permits Foundation letter is listed under ‘Destaques’ (highlights)
Permits Foundation letter to the Chair of the Congress Committee (in Portuguese)
Permits Foundation letter (English version)
