(this is a volunteer translation of the official regulation available in Portuguese on the Brazilian Government website)

OFFICIAL FEDERAL NEWSPAPER

Published on: 01/24/2022 | Edition: 16 | Section: 1 | Page: 104

Department: Ministry of Justice and Public Security/National Secretariat of Justice/Office

CNIG MJSP RESOLUTION No. 45, OF SEPTEMBER 9, 2021

THE NATIONAL IMMIGRATION COUNCIL – CNIG, a collegiate body that is part of the basic structure of the Ministry of Justice and Public Security, referred to in art. 38, item VIII, of Law No. 13,844, of June 18, 2019, and art. 2, item III, of Annex I of Decree No. 9,662, of January 1, 2019, in the use of the attributions conferred by Decree No. 9,873, of June 27, 2019, and Decree No. 9,199, of November 20, 2017, resolves:

Art. 1 This Resolution provides for the granting of a temporary visa and residence permit for the so-called “digital nomad” immigrant.

     §1   For the purposes of this Resolution, a “digital nomad” is considered to be an immigrant who, remotely and with the use of information and communication technologies, is able to carry out his work activities in Brazil for a foreign employer.

     §2   An immigrant who carries out a work activity, with or without an employment relationship, for an employer in Brazil or whose residence permit to carry out a work activity in the country is regulated in another regulation of this Council will not be considered a “digital nomad.”

Art. 2 The activities provided for in this Resolution may be carried out by the immigrant as a visitor, subject to compliance with the rules applicable to the period of stay and the requirement for a visit visa, according to nationality.

Art. 3 To apply for the visa referred to in art. 1, the interested party must submit the following documents to the consular authority, among others that may be required by the Brazilian authorities:

I – valid travel document or other document that proves your identity and nationality, under the terms of the treaties to which the country is a party;

II – health insurance valid in the national territory;

III – proof of payment of consular fees;

IV – completed visa application form;

V – evidence of entering the national territory via transportation;

VI – criminal record certificate issued by the country of origin or, at the discretion of the consular authority and in accordance with the peculiarities of the country where the visa was requested, (or) equivalent document; and

VII – documents that prove the condition of digital nomad.

Single paragraph. The initial term of residence of the immigrant holder of the temporary visa referred to in art. 1st will be up to one year.

Art. 4 The interested party who is in the national territory may apply for the residence permit object of this Resolution of the Ministry of Justice and Public Security, provided that the following documents are presented:

I – Residence Permit Application form, as per Annex I, signed by the interested party or by his/her legal representative;

II – valid travel document or another document that proves your identity and nationality, under the terms of the treaties to which the country is a party;

III – document that proves your affiliation, duly legalized and translated by a sworn public translator, except if the information already appears in the document referred to in item II;

IV – power of attorney, when the applicant is represented by a proxy;

V – Federal Fee Coupon – GRU Simples, for the processing fee and evaluation of applications for residence permits with the respective proof of payment;

VI – criminal record certificates or equivalent document issued by the competent judicial authority where the applicant resided in the last five years;

VII – declaration, under the penalties of the law, of absence of criminal antecedents in any country, in the five years prior to the date of the application for the residence permit; and

VIII – documents that prove the condition of digital nomad.

Single paragraph. The initial term of residence provided for in the caput of this article will be up to one year.

Art. 5 For purposes of proving the condition of digital nomad, the following documents must be presented:

I – statement by the applicant attesting the ability to carry out their professional activities remotely, through information and communication technologies;

II – employment contract or service contract or other documents proving the relationship with a foreign employer; and

III – proof of income, from a foreign paying source, in a monthly amount equal to or greater than USD 1,500.00 (one thousand five hundred dollars) or availability of bank funds in the minimum amount of USD 18,000.00 (eighteen thousand dollars ).

Art. 6 The period of residence may be renewed, for the same period, provided that the following documents are presented:

I – specified in items IV, VII and VIII of art. 4 of this Resolution;

II – copy of the National Migration Registration Card (CRNM); and

III – criminal record certificates or equivalent document, issued by the competent judicial authority where the applicant resided during the temporary residence permit.

Art. 7 If, at any time, it is identified omission of relevant information or false information provided in the procedure governed by this Resolution, a process will be started for the cancellation of the residence permit provided for in art. 136 of Decree No. 9,199, of 2017, without prejudice to the adoption of other applicable legal measures of civil and criminal nature.

Art. 8 This Resolution enters into force on the date of its publication.

JOSÉ VICENTE SANTINI
Board Chairman

ANNEX I

RESIDENCE AUTHORIZATION APPLICATION FORM BASED ON CNIG RESOLUTION MJSP No. 45, OF 2021

Translation of the application form

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