Brazil: New Migration Law Approved

A new migration law was signed by the Brazilian President and published in the Official Gazette. It will go into effect on November 21, 2017.

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May 30, 2017
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A new migration law was signed by the Brazilian President and published in the Official Gazette. It will go into effect 180 days after its publication, on November 21, 2017. This law will replace the previous migration law and will introduce more humanitarian policies and a more open approach to migration in Brazil.

The main changes to be implemented by the new law are:

  • Definitions of the following terms:  immigrant, emigrant, border resident, visitor and stateless person;
  • A residence authorization category which may be requested directly in Brazil for purposes of research, teaching, academic extension, study, health treatment, work, humanitarian care and services, religious activities  and  family reunion;
  • A simplified naturalization process for stateless persons;
  • Policies focusing on humanitarian care, decriminalization of immigration and rejection of nationality discrimination;
  • Facilitation of more lenient processes for border residents;
  • Affirmation of emigrant rights and guidelines for emigrant protection;
  • Increased fines for non-compliant employers and foreign nationals;
  • Re-classification of visas as follows:  visitor, temporary, diplomatic, official and courtesy.

What This Means for Employers and Foreign Nationals
Although the new law will go into effect on November 21, 2017, the regulation that might set out the impact on employers and foreign nationals is still pending and has not been published yet. Employers and foreign nationals should be in constant communication with their immigration provider to ensure that they remain compliant once the law takes effect.

Fragomen will continue to monitor the developments and will provide further updates as new information is released.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to Brazil@fragomen.com.

Fragomen in Brazil is Fragomen Brasil Serviços de Imigração Ltda., operating exclusively as an immigration consultancy and not as a law firm in Brazil.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.


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