Officer and Director Work Visa in Brazil

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Brazil has a history of hyper-regulation of labor relations, potential fines, and legal liability for those who do not follow the many applicable laws and regulations.

It is key that foreign companies engaging with local companies in Brazil retain qualified licensed counsel to advise on the immigration aspects of work in Brazil as well as the actual applications for the needed work visas, authorizations, and permits.

Officer and Director Work Visa in Brazil

To obtain an administrator visa for foreign employees in Brazil, there are specific requirements that must be met. The primary conditions include:

1. Investment Requirement:

   • A foreign civil or commercial company planning to appoint an administrator, manager, director, or executive in Brazil must make a substantial investment in the country.
   • There are two investment modalities:
     • An investment of a minimum of R$ 600,000.00 per professional, evidenced by a registration issued by the Central Bank of Brazil, proving the investment in the receiving company.
     • Alternatively, an investment of at least R$ 150,000.00 per professional, along with proof of creating at least 10 new jobs in Brazil within two years of the company’s establishment or the foreign professional’s entry.

2. Role Verification:

   • The professional must provide evidence of their role in the management of the company. This involves registering the designated function with the relevant authority, and the visa’s validity is contingent upon the fulfillment of this role.

3. Link to the Company:

   • Initially, the administrator visa is tied to the specific role and company requesting the professional. Any change in position or organization must be approved by the competent authorities.

4. Designation for the Role:

   • Required documents include proof of the immigrant’s nomination to perform the role, which must be registered with the Central Bank. If the company is involved in air services, this procedure should be carried out with ANAC (National Civil Aviation Agency).

5. Residence Authorization:

   • Prior to visa issuance, residence authorization must be requested from the Ministry of Labor, except in cases defined by a resolution of the National Immigration Council.

6. Duration:

   • The visa initially lasts for 5 years and can be renewed. It is also possible to request permanent residency regardless of the link with the original company.

For businesses and professionals, this visa is crucial as it regularizes the professional’s situation in Brazil and allows them to legally hold a management position. It is also beneficial for companies to have executives from their international branches, ensuring consistent internal processes and cultural alignment across different locations.

Given the complexity of the process, it’s often advisable to seek professional consultation to navigate the bureaucratic requirements effectively.

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1. Comprehensive Immigration Management

• Global Immigration Support: Extensive assistance in all areas of immigration for corporations and individuals, including short-term work authorization, temporary residency, long-term authorization, permanent residency, and citizenship.
• Immigration Expertise: Knowing which visa to use is our job. Schedule a consultation to know the correct approach to obtain the best visa possible for your company and employees.

2. Immigration Policy and Compliance

• Expert advisory services and strategies to ensure organizational and employee compliance with Brazilian immigration and visa requirements.
• Development and implementation of immigration policies, education, training, audit support, and compliance technology solutions.

3. Consulting and Advisory Services

• Specialized support for unique or complex immigration-related matters, including large-scale projects, corporate restructuring, and mergers and acquisitions.

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4. Additional Support Services

• Document Services: Assistance with document preparation and translation, streamlining the immigration document process. We have decades of experience in procedures related to apostille, sworn translation, and notarial registries in Brazil.
• Labor Law: navigating the archaic and extensive labor regulations requires legal training and experience. Count on our attorneys to provide you with the right labor advisory.
• Employment Verification Services: Solutions to increase compliance and minimize exposure to risk in employment verification.
• Contracts: While immigration allows you to move your human resources, contracts are important to document your agreements and keep a safeguard when things do not go as planned.

5. Family Reunification and Legal Dependent Services

• Assistance with visa applications for legal dependents of primary visa holders, including family reunion processes and status changes.
• Most work visas are obviously restricted to the workers themselves. Brazil does not automatically grant status to workers’ dependents. Instead, you must request individual ancillary visas known as “family reunion visas” for each dependent. And, of course, we can help you achieve that!

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