Brazilian Temporary Visa - When is it possible to apply?

Since the publication of the New Migration Law (Law No. 13,445/2017), Brazil has expanded its list of possibilities for granting visas, an indispensable document for migrants wishing to enter Brazil, but which does not guarantee the entrance right.

Among the different types of visas provided in the new legislation is the temporary visa. EMDOC's team of specialists has prepared this article to explain when it is possible to request/use this document.

After all, what is a temporary visa?

Law 13,445/2017 established that Brazilian visas can be of five distinct natures: visit (or tourist), diplomatic, official, temporary (or temporary residence), and courtesy visas.? The temporary visa is provided in art. 14 of Law No. 13,445/2017 and may be granted to the immigrant, provided that it fits one of the following hypotheses:

Visa for research, teaching, academic extension or study

Temporary visa granted to the immigrant who proves compatible higher education or equivalent scientific recognition, and may or may not have an employment relationship with the Brazilian research or teaching institution.

In both cases it will be necessary to present documentation proving the purpose of the trip. The study visa can be requested by the migrant who intends to attend regular courses, do an internship or an exchange program for study or research.

Temporary visa for health treatment

This visa is destined for the immigrant who wishes to undergo health treatment in Brazil. To obtain it, it is necessary to prove that he/she has the financial resources to pay for it and to remain in the country.?

In this case it is possible to extend the visa to one companion, or even, exceptionally, to more than one, as long as the medical need is proven or that they meet the family reunion requirements. However, proof of their means of subsistence will also be required.

Temporary visa for religious activities

This is the temporary visa for those who perform such activities, such as, minister of religious confession, member of a consecrated or confessional life institute, or member of a religious order, as long as the requirements established by the National Immigration Council are met.

Humanitarian? visa

This visa is for all stateless foreigners or nationals of any country who are in situations of armed conflict, environmental disaster, calamity or where there is a serious violation of human rights. With this document it is possible to work in Brazil, as long as the legal determinations are complied with.

Visa for work or working vacation.

The temporary work visa, when there is an employment relationship, will be granted by evidence of an employment or services agreement. When there is no employment relationship, it can be obtained when the activity performed is established by law.

The visa for working vacation can be obtained by an immigrant over 16 years of age, as long as he is a national of a country that grants the same benefit to Brazilians.

Visa for voluntary services

This temporary visa is for migrants who wish to work as a volunteer in Brazil in public or private non-profit entities, or organizations related to the international government, as long as there is no employment relationship or remuneration of whatsoever nature.

Visa for investment or activities with economic, social, scientific, technological or cultural relevance

Every individual immigrant who wishes to invest in a company in the country, with resources of foreign origin, can request a temporary visa for investment. In the case of a migrant representing a legal entity, the document can also be obtained, as long as he demonstrates the exercise of the designated position.

The granting of temporary visas for activities with economic, social, scientific, technological, or cultural relevance depends exclusively on the conditions defined by the Ministers of Justice and Public Safety, of Foreign Relations, and of Labor, in consultation with the National Immigration Council.

Temporary visa for family reunion purposes

This is the visa granted to migrants who are spouses or companions, children or siblings of Brazilians, ascendants or descendants to the second degree of a Brazilian citizen or of an immigrant residing in the country, or who have Brazilians under their tutelage, trusteeship or custody.

In these cases, the applicant can exercise remunerated activity in Brazil, under equal conditions. However, it cannot be requested when the petitioner is the beneficiary of a visa or residence permit for family reunion, or has a provisional residence permit.

Temporary visa for artistic or sport activities

This type is for the migrant who comes to Brazil to participate in artistic or sport activities with the intention of staying in the country for more than 90 days, as long as there is a fixed term contract, with no employment relationship with a Brazilian legal entity or individual.

Other assumptions

Decree No. 9,199/2017 also provides the following hypotheses for granting the Brazilian temporary visa:

• in accordance with bilateral or multilateral agreement on visas;
• to attend national migration policy interests.

In some cases, temporary visas may require a residence permit. However, do not be concerned with all these variables. Have the assistance of EMDOC, a company with more than 35 years of experience in the matter. Our specialists are at your disposal. Access https://www.emdoc.com/