Exceptional Entry and Stay of Immigrants in Brazil

The Ministry of Justice and Public Security, through the General Coordination of Labor Immigration (CGIL), published the Informative Note No. 02 on June 4, 2020, making some technical comments on the exceptional entry and permanence of immigrants in Brazil under the working condition. In this way, two situations are treated and deserve to be highlighted: (i) Work Visa for Immigrants outside Brazil: - During the validity of the rule regarding closing borders, the entry of immigrants is prohibited for those who have a work visa stamped on the passport and have never entered into Brazil, as well as those who entered and did not complete the registration; - They can travel to Brazil, once prove the immigration condition and carry the necessary documents:

• Immigrant with permanent residence, for a fixed or indefinite period, in Brazilian territory;

• Foreign professional on mission at the service of an international organization, as long as duly identified; 

• Foreign employee accredited by the Brazilian Government; 

• Immigrants workers needed for charge transport - air, sea and land;

• bearer of the National Migration Registry; 

• Airline crew and employees in the country for operational purposes.

The maritime crew member may also enter the country with an international maritime license or passport that assigns the status of seafarer, according to criteria established on the Convention 185 from ILO (International Labor Organization). The maritime agent must submit an application to the Federal Police. In addition to the cases indicated above, only situations based on the public interest may be evaluated exceptionally by the Ministry of Justice, General Coordination for Labor Immigration. This hypothesis does not exclude the need to apply for a visa / residence, so for all exceptions, there are two procedures to be observed: (i) visa / residence application submitted to the Ministry of Justice and (ii) authorization request for exceptional entry (due to the closure of borders). (ii) Work Visa for Immigrants who are in Brazil: The residence periods already granted to immigrants are automatically extended due to the limited service provided by the Federal Police. Thus, the immigrant will not be held responsible for remaining in Brazil with the expired National Migration Registration Card (CRNM). However, all renovation and transformation processes will normally be processed and decided by the General Coordination for Labor Immigration. Under this situation the following immigrants will be considered: (a) renew the term of residence permit for work and investment purposes; (b) change the term of residence permit for work and investment purposes and (c) immigrants who intend to transform visas. These specific cases will be analyzed and published in the Official Gazette for subsequent registration before Federal Police Department, respecting the local rules of each Federal Police office regarding health issues and conditions of the pandemic. In addition, the extended residence term (validation) will be contacted from the expiration’s date of previous residence, regardless of the date of publication in the Official Gazette or the day of registration before Federal Police.

United States Bans Travel from Brazil

The government of the United States announced on 05/24 the ban on the entry of travelers from Brazil, this rule will be applicable for Brazilian and any other nationality. The decision was made by a Proclamation.

The measure bars foreigners who have been in Brazil in the past 14 days prior to the trip / attempt to enter in American territory.

The restriction will take effect from 11:59 p.m., eastern daylight time, May 28, 2020 and will remain in force indefinitely, until otherwise decided by the head of the White House.

In addition to U.S. citizens, those who have permanent residency in the United States, as well as spouses, children and siblings of Americans and permanent residents may enter in the United States. Foreigners who have specific visas, such as those representing other governments, will also be excluded from the restriction. 

EMDOC professionals are available to answer all demands and doubts on this topic that certainly involves the mobility of many immigrants in this very delicate moment. Therefore, before leaving your country, consult the specific conditions for entering USA.

Restriction of Immigrants' Entrance in Brazil

The Ministers of State Chief of Staff of the Presidency of the Republic, of Justice and Public Security, Infrastructure and Health published the Ordinance No. 255, on May 22, 2020,  exceptionally and temporarily restricting the entrance of immigrants in Brazil by air, sea and land transportation, regardless of their nationality, for a period of 30 (thirty) days. The measure is necessary due to the recommendation of the National Health Surveillance Agency (ANVISA) in order to combat the pandemic caused by COVID-19. The restriction on foreigners entering the country does not apply to:

• Brazilian, born or naturalized;

• immigrant with permanent residence, for a fixed or indefinite period, in Brazilian territory;

• foreign professional on mission at the service of an international organization, as long as duly identified;

• passenger in international transit, as long as he does not leave the international area of the airport and the country of destination admits your entrance;

• foreign employee accredited by the Brazilian Government;

• foreigner in the condition of:

a) spouse, partner, son, father or curator of a Brazilian, b) whose entry is specifically authorized by the Brazilian Government in a clear public interest or for humanitarian reasons; c) bearer of the National Migration Registry; 

• charge transport. 

Citizens coming from the Bolivarian Republic of Venezuela are prohibited to enter in Brazil, even if they have (i) definitive residence, for a determined or indefinite period, in Brazilian territory; (ii) spouse, partner, child, father or curator of a Brazilian citizen; (iii) National Migration Registry and (iv) even if they are border residents in twin-cities.

For maritime and air transportation issues, some peculiarities must be specifically observed, such as: crew permanence, medical issues, unloading loads, connection for returning, technical landing, execution of humanitarian actions, among others. The entry restriction of this Ordinance does not prevent the entry and stay of foreign maritime crew members holding an international maritime license issued under the terms of the International's Convention of Labor Organization, whose entry is required, by the maritime agent to the Federal Police, to perform specific functions on board a vessel or platform operating in judicial waters. The seaman's book (identity card) may be replaced by a passport attributing seamanship status to its holder, provided that it is issued by a country signatory to the relevant International's Convention of Labor Organization. Exceptionally, the foreigner who is in a land frontier country and needs to cross it to board a flight back to his country of residence may enter Brazil under an authorization from the Federal Police and (i) go directly to the airport; (ii) based on an previous official authorization from the embassy or consulate of your country of residence, (iii) upon presentation of the corresponding air tickets. Failure to comply with these measures will result in civil, administrative and criminal liability, as well as immediate repatriation or deportation and the disqualification of an asylum claim.