Brazilian National Immigration Council publishes a new resolution regulating temporary work visa for remote workers (“digital nomads”).
On 24 January 2022, the Brazilian National Immigration Council published the Normative Resolution No. 45 aiming at regulating the granting of temporary work visa for foreigners who will work remotely from Brazil for a foreign company.
The Normative Resolution defines that a “digital nomad” is the foreign worker who is able to perform his/her professional activities for a foreign company, remotely from Brazil (i.e., with the use of information and communication technologies).
There are two alternatives for applying for this temporary work visa: (i) apply for the visa while the foreign worker is abroad or (ii) apply for the visa when the foreign worker is already in Brazil. The documentation will vary according to the chosen alternative.
The Normative Resolution provides that the foreign worker must present the following documents in order to prove the “digital nomad” status:
- Declaration attesting the ability of performing the professional activities remotely by means of information and communication technologies;
- Employment or services agreement or any other documents evidencing the relationship with the foreign company; and
- Proof of means of subsistence, from a foreign paying source, in a monthly amount equal to or higher than USD 1,500 or availability of bank funds in the minimum amount of USD 18,000.
The temporary work visa may be granted for 1 year, renewable for an equal period.
The Normative Resolution also establishes that the foreign worker that is in Brazil with a visit visa/condition (i.e., for tourism and only business activities in Brazil) may perform remote work in the country during such visit, provided that the foreign worker observes the maximum period of stay (which usually ranges from 90 days to 180 days depending on his/her nationality).
Key Action Points for Human Resources and In-house Counsel
Confirm if there are foreign workers rendering services in favor of foreign companies in Brazil in order to check their visa status and, if necessary, apply for a temporary work visa based on Normative Resolution No. 45.