To perform work activities as a foreigner in Brazil the individual needs a work permit and a work visa. Find out where and how to acquire both of them for an administrator, manager, director or executive with power of management in a company established in Brazil.
The Ministry of Labor and Employment and the Ministry of Foreign Relations provides general standards and guidelines to the legal status of a foreign individual established in Brazil developing administrator, manager, director and executive activities with power of management. The foreigner who decides to work in Brazil needs two authorizations:
- an authorization to work
- a work visa to stay in Brazil while working.
Visa for These Cases
Being a mandatory federal authorization that enables the entrance of a foreigner in Brazil, the visa is usually issued only abroad and permit the permanence of the foreigner in the Brazilian territory. The permanence of the foreigner in Brazil can vary from a specific period of time that is defined according to the purpose of the travel (temporary visa) and for a permanent period (permanent visa).
For foreigners who come to Brazil to work with power of management in companies established in the country, the visa granted by the Brazilian government is only the permanent one. For a permanent visa, it’s necessary to present the employment agreement for an undetermined period, duly registered by all parts.
In order to work in Brazil, the foreigner must acquire a work permit, a document issued by the Ministry of Labor and Employment. The work authorization for foreigners is temporary, being valid until the end of the work agreement.
Companies interested in hiring a foreign worker to develop administrator, manager, director and executive activities with power of management must request a work authorization from the CGIg, the Ministry of Work and Employment organization responsible for foreigners work permits.
These work permit aim to allow national companies established in Brazil to count with foreigners in jobs with management power, as long as these companies have invested at least BRL 600.000,00 for each foreigner or BRL 150.000,00 and for each foreigner designated the companies need to create ten new jobs in the subsequent two years.
If the work permit was conceded to the foreigner, the Ministry of Labor will forward the permit to the Foreign Relations Ministry, whose responsibility is to contact the Brazilian Embassy that will grant the visa to the worker.The Standard Documentation Requested for Both
- Work permit application form, in Portuguese named Formulário de Requerimento de Autorização de Trabalho.
- Legal registration of the company, duly registered in a board of trade or in a notary office. In case of presenting copies, they must be notarized.
- Document of election or nomination of the legal representative of the applicant institutions, duly registered in a board of trade, or in the office of the civil clerk or in the Federal Official Gazette.
- Copy of the CNPJ's card.
- Power of attorney by public instrument or with a notarized signature, only for cases in which the applicant is represented by an attorney, must be notarized
- GRU – proof of payment of the individual tax of immigration for the foreigners and for each legal dependent (in the cost of BRL 16, 93 by person).
- Copy of the identification page of the foreign passport. It must contain the number, name, birth date, nationality and photography, and it doesn't need to be notarized.
- Electronic Registration of Direct Foreign Investments (RDE-IED) - Consolidated Investment Statement, issued by SISBACEN proving investment, in foreign currency, equivalent of higher than BRL 600.000,00 by designated foreigner or BRL 150.000,00 by designated foreigner
- A document declaring the commitment to create ten new job positions in the two subsequent years to the company's installation of the foreigner's entrance.
- A document stating the the foreigner is working in the applicant entity, being duly registered in a board of trade or in a notary office.
- Homologation of the approval of the foreigner for a job position, in case there is indication for the Council of Administration, in the Deliberative Council, in the Board of Directors, in the Consultive Council, in the Fiscal Council and in other statutory bodies, in sociedade seguradora, of capitalization and open pension complementation entities.
- A letter of approval of BACEN regarding the indication of the foreigner to the position, in case there is an indication from a director that has powers of general representation in financial institutions and in others authorized to work through Brazilian Central Bank.
Performance of Function with Concomitant Management Powers
For individuals that will perform a function with concomitant management powers in a company of the same economic group or conglomerate the documentation below is required. This case is not related to issuing a visa, but to the application for the performance of a new position, with management power, in a company of the same economic group, cumulatively. The function has to be authorized previously, and the permanent visa needs to be maintained.
- Proof of an associative bond between the companies of the economic group or conglomerate.
- A document indicating the foreigner to the position in the applicant entity, duly registered in the board of trade or in the office of the city clerk.
- A letter of approval for the performance of the concomitant position, signed by the company to which it was first authorized.
- A letter of approval of the foreigners for the concomitant performance of the functions in both companies.