On October 14, 2020, the National Immigration Council (CNIg) published Resolution No. 42/2020. This resolution aims to amend CNIg Normative Resolution No. 6/2017 (RN No. 6/2017), which regulates residence authorization for seafarers and other professionals on board foreign vessels and platforms. The Ministry of Justice is currently the competent authority to grant this residency authorization, which was previously granted by the former Labor Ministry.
This residency authorization is applicable to foreigners without an employment relationship in Brazil who must receive their total compensation abroad.
Among the changes implemented, it is worth mentioning the inclusion of definitions for seafarers, non-crew professionals and non-seafarer crew members. Subcategories of seafarers were also created, and it was established that the percentages of Brazilian seafarers on board will be applied to the subcategories.
In addition, for up to 90 days each year (counting from the entry into Brazil), seafarers and other foreign offshore professionals may enter Brazil with a visit visa. This visit visa is not required for the foreigners who hold a Seaman's Book, issued under the terms of Convention No. 185 of the International Labor Organization (ILO). For a period greater than 90 days, the residency authorization is required.
As already set forth in RN No. 6/2017, in the event of foreigners being transferred to a different vessel or who are assigned to work in more than one vessel, the Ministry of Justice must be informed. In case of modification of the employer, an authorization must also be required to the Ministry of Justice.
Finally, it is important to note that the Resolution No. 42/2020 did not modify the term of this residency authorization, which is valid for up to two years.
Originally published by Mayer Brown, October 2020
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