How To Get a CTPS For Foreigners
Among the many regulations involving workers in Brazil - Consolidation of Labor Laws, CLT - the Carteira de Trabalho e Previdência Social, or CTPS, Portuguese for Workbook, is a key document for all employees, even foreigners. In this physical book, general information about the employee and his working history is kept. In this article, we will explain how foreigners can obtain a CTPS.
What is a CTPS?
The CTPS is a physical workbook that is an essential personal document for every worker in Brazil. It grants the worker access to labor rights to which he is entitled to and records information about wages, employers, and the types of jobs performed by the employee. It is a mandatory document for any person that renders service to the industry, commerce, agriculture and is needed even in case of domestic work.
The benefits that the owner of a CTPS has are:
- Unemployment insurance
- Social security benefits
- Fundo de Garantia do Tempo de Serviço, the FGTS
- Programa de Integração Social, the PIS
CTPS for foreigners
Foreigners can apply for a CTPS as all workers are required to own one. There is only one difference between a foreigner’s CTPS and a regular one, which is the color of the cover: blue for Brazilians and green for foreigners.
The CTPS is granted to foreign workers under the following conditions:
- Asylee
- With a temporary, working or permanent visa - in this case, the CTPS will be valid for the same period as the visa
- Living near Brazilian borders and working or studying in Brazil
- Refugee with or without a RNE card, the Alien Identification Card
- Artists or sportsmen
- Scientists, technicians, professors or professionals of another category working for the Brazilian government
CTPS for foreigners are issued at Regional Offices of Labour and Employment. To obtain a CTPS, the foreigner needs to present two 3x4 photos, proof of residence and CPF number. When applying for a CTPS for the first time, the Ministry of Labor and Employment will also register the foreign worker in the PIS/PASEP. Obtaining the CTPS is completely free of charge.
Besides the documents cited above, foreigners have to present a different set of documents according to the different statuses under which they entered Brazil. The original document, as well as a copy of the following documents are to be presented when applying for a CTPS:
Specific cases
Specific cases include:
- Permanent visa
- Asylee
- Temporary Worker
- Temporary visa
- Amnesty
- Living near Brazilian borders and working or studying in Brazil
- Individual living in MERCOSUL
Documents needed to apply for a CTPS in these cases:
- Alien Identification Card, the RNE card
- In cases where the foreigner does not qualify for an RNE card, the applicant should present:
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- Statement of Identification Data Consultation as issued by the National Foreigners Registration System - SINCRE
- Passport or any document that may complement informations in the SINCRE
In the case of an asylee, the Certificate from the Polícia Federal stating identification data of the applicant and the period of legal stay in the country is to be provided as well.
In the case of a temporary worker, the publication of the Working Permit in the Diário Oficial da União is to be provided as well.
In the case of individuals living near Brazilian borders and working or studying in Brazil under authorization of the Polícia Federal, the CTPS will only be issued in the municipality near the border to the country of nationality of the applicant.
Application for Permanence on the basis of children or Brazilian spouse
- Protocolo from the Polícia Federal stating the reason for requesting the Application
- Certificate from the Polícia Federal, stating identification data of the applicant needed to fill the CTPS for foreigners as well as the reason for requesting the Application for Permanence in cases of protocolos that do not contemplate such information
- Passport or any document that may complement informations in the Certificate from the Polícia Federal
Observation: Cases of Application for Permanence due to Stable Relationship and Family Reunion grant no rights to the foreigner when obtaining a CTPS. The foreigner may only request the CTPS after their permanence has been granted by the Polícia Federal
Refugee
- Alien Identification Card, the RNE card
- Notification of acknowledgment of refugee status issued by the National Comitte for Refugees, the CONARE
- Statement of Identification Data Consultation as issued by the National Foreigners Registration System - SINCRE
Asylum seekers
- Protocolo of the Polícia Federal, issued under resolution number 18 of the CONARE
- Declaration of the General Coordination of CONARE also under Resolution number 18
Dependent of Diplomatic and Consular Staff in Countries that maintain a reciprocity agreement for the exercise of remunerated activities in Brazil
- Alien Identification Card, issued by the Foreign Relations Ministry
- Application for employment authorization for dependents, provided by the Ministry of Foreign Affairs, and endorsed by the Ministry of Labour.
Canada, United States of America, Great Britain, Argentina, Chile, Colombia, Ecuador and Uruguay are all countries that have this reciprocal agreement with Brazil.
Treaty of Friendship, Cooperation and Consultation between Brazil and Portugal
- Publication of Recognition of Equal Rights and Civil Obligations on behalf of the applicant of the CTPS in the Diário Oficial da União
- Any official document containing all identification data of the applicant, issued by an official body of the Republic of Portugal or by an official body of the Brazilian Government
Observation: It is forbidden to holders of diplomatic, special, official passports of Portugal to perform professional activities whose remuneration comes from a paying source located in Brazil.