Work Permit and Visa for Foreign Workers on Board of Foreign Vessels in Brazil
To work in Brazil, foreigners need both a work permit and a work visa. Find out what it's required for acquire a work permit and visa for foreign workers on board of foreign vessels in Brazil.
In order to work in Brazil, foreigners need both a work permit and visa. The work authorizations are granted by CGIg (the Coordenação-Geral de Imigração do Ministério do Trabalho e Emprego), a Ministry of Labour and Employment organization responsible for foreigners' work permits. Visas are granted by the Ministry of Labour and Employment.
Most work visas have the option to be temporary or permanent, and they may last up to two years. Some specific cases, like for workers in foreign tourism vessels, can only be temporary and last for a shorter, predetermined amount of time.
Usually the documents needed in all work permits and visas are standard, however, a few cases need more documentation than the average.
Foreign Worker on Board of a Foreign Tourism Vessel
The only work permit and visa allowed in this case is the temporary one, which is valid for up to 180 days and nonrenewable. It allows foreigners that work on foreign tourism vessels to enter and stay in Brazil's jurisdictional waters. According to the International Labour Organization (ILO), members of the crew who own an international sailor identity card, known as Carteira Internacional de Marítimo, don’t need this permit. There must be no employment bonds in Brazil and it may be an individual or collective application.
In case the vessel stays in Brazilian waters for more than 31 days, it’s necessary that 25% of the crew is Brazilian, who must be hired according to the Brazilian labor laws. If this request isn't met, the approved work authorizations for that vessel will be cancelled. The request may be individual or collective.
Documentation Required for Both Processes
The documents needed for this type of work are the following:
- Work Permit Application Form, in Portuguese named Formulário de Requerimento de Autorização de Trabalho. In case the request is collective, it's necessary to fill out, in annexed forms, all the qualifications data of the form for each staff member. Each sheet must contain the signature of the company's legal representative in Brazil or it's attorney.
- Company’s Registry Data Form, in Portuguese named Formulário Dados Cadastrais da Empresa.
- List of Crew Members in the Tourism Vessel, in Portuguese named Relação de Marítimos em Embarcação de Turismo Estrangeira.
- Document of the legal entity duly registered in a board of trade or in a office of the city clerk. In case of presenting copies, all of them 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 a 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, in the case of being private, when the applicant is represented by a attorney. In case of presenting a copy, it 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 photo, but it doesn't need to be notarized.
- Designation document of the company, duly consularized and officially translated.
Foreign Worker on Board of a Foreign Vessel or Platform
These work permits and visas allow foreigners that work continuously, on board of foreign vessels and platforms, to enter and stay in Brazilian jurisdictional waters. Members of the crew who own the international sailor identity card don’t need this permit in the following cases:
- On board of vessels that are in a long distance journey, from a foreigner port to a Brazilian one.
- For up to 30 days, on board of vessels that have been authorised by ANTAQ to cabotage charterer.
It’s valid for up to two years, nonrenewable, and can be used by both individuals or collectives. There mustn't be employment bonds in Brazil, and it doesn't apply for technicians who are temporarily providing services on board. From 90 days on, it’s necessary to gradually hire Brazilian workers according to the following proportion:
- For foreign vessels providing maritime support navigation:
- a. From 90 days on, one-third of the crew must be composed by Brazilians.
- b. From 180 days on, half of the crew must be composed by Brazilians.
- c. From 360 days on, two-thirds of the crew must be composed by Brazilians.
- For foreign exploitation or prospecting vessels and for foreign platforms:
- a. From 180 days on, one-fifth of the crew must be composed by Brazilians.
- b. From 360 days on, one-third of the crew must be composed by Brazilians.
- c. From 720 days on, two-thirds of the crew must be composed by Brazilians.
- For foreign vessels in cabotage:
- a. From 90 days on, one-fifth of the crew must be composed by Brazilians.
- b. From 180 days on, one-third of the crew must be composed by Brazilians.
- c. In case the calculations result in fractionated numbers, the portion of Brazilians required must be rounded to the subsequent whole number in case of a fraction similar or higher than 0,5.
Documentation Required for Both Processes
It’s necessary to present the following documents:
- work permit application form, in Portuguese named Formulário de Requerimento de Autorização de Trabalho. In case the request is collective, it's necessary to fill out in annexed forms with all the qualifications data of the form for each staff member. Each sheet must contain the signature of the company's legal representative in Brazil or it's attorney.
- 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 a 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 in case of being private, when the applicant is represented by a attorney. In case of presenting a copy, it 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.
- Declaration of the applicant company fully assuming responsibility for the foreigners, their repatriation and their costs with medical expenses.
- Copy of the charterer contract made with a Brazilian company, or the services provision contract, or the risk contract closed with a Brazilian company, or the concession documents edited by the National Agency of Petroleum, in Portuguese named Portaria de Concessão, edited by ANP.
- List with the name of all vessels and platforms chartered or hired by the applicant company, informing the amount of Brazilian and foreign workers in each one of them.