National Immigration Council Normative Resolution No. 100 – 90-day temporary visa for foreigners providing technical assistance or technology transfer services without employment contracts
On May 9, 2013, the National Immigration Council’s Normative Resolution No. 100 (“NR 100”) came into effect, establishing that requests for temporary visas for foreign professionals who intend to provide services involving technical assistance or the transfer of technology to Brazilian companies, without employment relationship, and for periods of up to 90 days, should be filed directly with Brazilian Consulate Offices overseas, without the need of the prior processing of the application of a work permit at the Ministry of Labor and Employment.
Such requests, therefore, should be made directly to the Consulates with the documents normally required by a Consulate, together with the documents outlined by the NR 100, which are:
– a letter of invitation from the Brazilian company requesting the services, attesting to the link between the Foreigner and the service to be provided in Brazil; and
– the registration of the Brazilian company in the Company’s Taxpayers’ Registry (CNPJ).
It should be mentioned, however, that before presenting him or herself to the Consulate, the foreigner should visit the website page https://scedv.serpro.gov.br and provide the information required. After it has been duly filled in, the Application Delivery Receipt (RER) should be signed by the foreigner and taken along to the relevant consulate office. Following delivery of the RER, the office chosen for the process cannot be changed.
Finally, the Resolution also establishes that the visa can only be issued to the same foreigner once per 180-day period.
The Immigration Department at Felsberg e Associados is available for any additional clarifications that may be needed.
FELSBERG E ASSOCIADOS
This alert is designed to be informative and does not constitute legal or tax advice.