Sunday, November 4, 2012

WORK VISA WITHOUT EMPLOYMENT FOR SERVICE IN AN EMERGENCY SITUATION, TRANSFER OF TECHNOLOGY OR TECHNICAL ASSISTANCE


Brazilian law contemplates a work visa in the form of services, reserved for situations of technical assistance, technology transfer or supply emergency needs.

The Scale International is a company specialized in visas and immigration issues in Brazil, ensuring competence and efficiency in the respective services.


Law regulator:
- Normative Resolution of National Immigration Council n.° 61, 8 December 2004.

Other legislation (not exhaustive):
- Law n.° 6.815, de 19 August 1980;
- Decree n.° 86.715, 10 December 1981.

Objective:
Enable technical assistance or technology transfer or emergency services by foreign firm to firm established in the country.

Situations excluded:
- Functions purely administrative, financial or management;
- Employment relationship with the contracting company in Brazil;
- Substitution of hand labor in Brazil.

Type of authorization:
- Individual and temporary.

Applicant:
- Company - legal entity contracting party established in Brazil.

Authorities:
- Ministry of Labour and Employment;
- Ministry of Justice;
- Ministry of Foreign Affairs, through the consular offices;
as appropriate.

Modalities:
- Normal;
- Express;
- Emergency.

Normal mode

Scope of application:
- Contracts for the provision of services of technical assistance or technology transfer.

Period:
- 1 year, renewable for the same period;
- Under contract with guarantee clause, shall be permitted successive extensions, for the duration of warranty.

Express mode

Scope of application:
- Contracts for the provision of services of technical assistance in cases of short-term and determined needs.

Period:
- 90 days, not renewable. Nevertheless, the Ministry of Labor may grant new work permits to the same foreigner.

Emergency mode

Scope of application:
- Fortuitous situation which imminently endangers life, the environment, property, or that has generated the interruption of production or service delivery.

Period:
- 30 days, not renewable, for each period of 90 days.

No comments:

Post a Comment