Foreigners can file for conversion of temporary visa into a permanent one
Gabriela Zaidan Cunha (Attorney from Imigration Department)
Júlia Bandeira de Melo Campos (Intern from Imigration Department)
In August 22, the Ministry of Justice has indicated in a note that foreigners whose employee contract exceeds the period of two years of effectiveness can file for the conversion of the temporary visa into a permanent one. Previously to such date, the visa conversion could only be requested after four years of work, consisting such period of a two years-term initial agreement extended, at its term, for other two years.
According to the new rule, foreigners may file for the extension of the temporary working visa, since the period of extension does not exceed two years. After this period, if the company wishes that the foreigner remain performing his activities, it can apply for the conversion of the temporary visa into a permanent one and the employment contract will be in force for an undetermined term.
The director of the Foreigners` Department of the Ministry of Justice, Izaura Miranda, has recently stated that the purpose of such measure is to reduce the bureaucracy for both the foreigner and the Brazilian government.
It is important to note, however, that the National Council of Immigration may condition the conversion of the temporary visa into a permanent one to the regular execution of the labour contract for a two years term. In this situation, the foreigner will be bound to perform the activity set forth by the employment contract for the fixed term to be set by the application for the conversion of the visa. Therefore, after this term, the foreigner may file for the substitution of his/her ID before the Federal Police, by evidencing his/her compliance to all the requirements imposed by the Ministry of Justice for allowing the conversion of the visa.