Impact – Hi
What is the change? Brazil's Ministry of Labor issued its normative resolution, NR 34, on Tuesday, imposing new restrictions on short-term technological activities.
What does the change mean? Only in case of emergency, the Ministry will approve residence approval for 180 days of technical activities and complete the process within five days. Non-urgent cases must follow regular procedures via a request for one year residence approval for technical activities to complete the process in 4-6 weeks. The emergency visa processing has not been changed and will last for two days.
Implementation time frame: Immediate. Affected Visa/Certification: Residential Permit under Short-Term Technical Activities under NR 3. Business Impact: Companies can only use a 180-day technical visa in case of emergency.
Background: Under Brazil's new immigration law, technical working visas are valid for 180 days or for a year. The new norm solution amends NR 3 and now requires that letters submitted to the application for residence authority to provide 180 days of technical services must certify the relationship between the employee and the service and demonstrate the urgency of this service.
Analysis and Comments: By amending the rules, the Ministry of Labor will prioritize rulings in emergency cases and meet service time frames of 2-5 days. The ministry will determine whether the lawsuit is urgent and will reject any cases that are not considered urgent. Employers relying on a 180-day technical visa must plan additional proof requirements to demonstrate the urgency of technical activities. It is unknown whether the pending application meets the new requirements. Therefore, if the ministries require it, it is recommended that employers prepare to prove urgency or plan to process a new application if the urgency cannot be proven.
Source: Deloitte LLP. Deloitte LLP is a registered limited liability partnership in the UK and Wales, and is a registered office located in 1 New Street Square with registration number oc303675 and London EC4A 3HQ in the UK.
