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GMS Flash Alert 2024-187

Brazil � Update: Work Authorization for Immigrants with Brazilian Higher Education Degrees

GMS Flash Alert 2024-187 | September 25, 2024

A new normative resolution has been introduced to streamline the process for graduates and post-graduates seeking work-based residence in Brazil.1, 2 ÌýThis resolution aims to make it easier for individuals who have completed their undergraduate or post-graduate studies to obtain residency to work in Brazil.

The resolution will be effective from October 5, 2024.ÌýÌý

WHY THIS MATTERS

The new normative resolution enables Brazilian entities to request residence in Brazil based on the immigrant´s graduation or post-graduation, if the course was taken at a Brazilian institution accredited by the Ministério da Educação e Cultura or “MEC� (Brazilian Ministry of Education).

This alternative method of requesting this type of work residence makes the approval process easier and more convenient, as no work experience is needed. ÌýThis type of residence can only be obtained within Brazil, and no visa issuances are allowed under this work residence category.

More Details

Some important key points for this kind of residence are:

  • The applicant must be physically present in Brazil.
  • The undergraduate or post-graduate degree must have been obtained from a Brazilian institution accredited by the MEC.
  • This new residence authorization does not apply to immigrants participating in the federal government's Undergraduate Student Exchange Program (PEC) or the University of International Integration of the Afro-Brazilian Lusophony (UNILAB), except after fulfilling the program's obligations in their country of origin.

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø INSIGHTS

The new Normative Resolution 50/2024 allows immigrants who have completed their undergraduate or postgraduate degree in Brazil to apply for authorization of residence for work purposes, regardless of the mode of course delivery,3 if the evaluation process and the majority of the academic period were conducted in a Brazilian-accredited institution.

This is different from the current legislation, which requires two years of work experience after completing higher education before applying for authorization of residence for work purposes with an employment relationship in Brazil. ÌýThe aim of this change is to encourage foreign students to stay in the country after completing their studies.

The ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø mobility team is actively monitoring updates on visa rules and related matters and will endeavor to keep readers of GMS Flash Alert informed of any relevant developments.Ìý

Contacts

Janine Goulart

Brazil Country Leader, Global Mobility Services, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Brazil

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Brazil

Danielle Bibbo

Partner Director

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Brazil

Hye Hwang

Immigration Manager

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Brazil

Additional Resources

Footnotes:

1Ìý Resolução CNIG/MJSP Nº 50, de 27 de Junho de 2024.Ìý See Portal de Imigração: .

2Ìý Resolução CNIG/MJSP Nº 50, de 27 de Junho de 2024, ±è³Ü²ú±ô¾±³¦²¹Ã§Ã£´Ç - Seção 1, número 172, de 05/09/2024.

3Ìý Courses taken in person or in a hybrid system will be accepted, as long as the evaluation process has been carried out in person at the accredited Brazilian institution.

Ìý

Disclaimer

* Please note the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in the United States does not provide immigration or labour law services. However, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP in Canada can assist clients with U.S. immigration matters.

GMS Flash Alert is a Global Mobility Services publication of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LLP Washington National Tax practice. The ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø name and logo are trademarks used under license by the independent member firms of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø global organization. ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International or any other member firm vis-à-vis third parties, nor does ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

The information contained in this newsletter was submitted by the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in Brazil.

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