Effective 8th October 2025, the Federal Decree # 12,657/2025 established the National Policy for Migration, Refuge and Apatridism and also brought an eye-catching update: the enlargement of the scope of activities permissible under a business visitor status. This has a significant impact, especially for companies willing to send individuals to Brazil to develop technical-related matters or to render transfer of specialized knowledge to the local workforce.
Before the entry into force of the new Federal Decree # 12,657/2025, the granting of Brazilian business visitor visa was often limited to those who would be conducting the following activities:
Companies willing to bring individuals to Brazil to conduct technical-related activities or to transfer a specialized knowledge to the local workforce were advised to file an Authorization of Residence (for ease of understanding, this expression is to be read as Work Permit) as this would ensure compliance with local migratory rules. This recommendation would also apply even for short periods (e.g. up to 90 calendar days) which sometimes translated as an unnecessary lengthy immigration process just for a short stay in the country.
Urgent cases were exceptionally handled—and not without a certain degree of risk assumption on the part of the sponsoring company—with the assignee entering Brazilian territory in the possession of a signed Letter of Invitation. The risk by then present was that the public authorities conduct a labor inspection in the place where the concerned assignee was to be found and if he/she was caught without having any evidence of an approved Authorization of Residence, both the company and the individual could be heavily fined due to an infringement of the local immigration rules.
After the entry into force of the new Federal Decree # 12,657/2025, effective 8th October 2025, the scope of activities permissible under a business visitor status has been expanded. It is now possible for an individual whose presence is urgently needed in Brazil for a technical-related or transfer of specialized knowledge (to local workforce) short assignment to enter the country under a business visitor status and conduct the activities without the need of a specific Authorization of Residence, provided the stay capped to 90 calendar days (extendable to another 90 calendar days) within a given migratory year which is computed differently from the calendar year.
In view of the above and considering the new rules benefit companies from time-consuming processes of an Authorization of Residence application, project management should become of high importance whenever companies plan to send an individual to Brazil on an urgent basis to conduct technical-related activities or to transfer a specialized knowledge.
Moreover, depending on the certain requirements, it will be possible to speed up project start dates as individual will be able to come to Brazil prior to the Authorization of Residence approval whenever the length of stay is longer than 180 days.
Although the new circumstances have not changed the method, the list of documents, nor the processing times of the business visitor visa application, in the coming weeks authorities are expected to adapt themselves to the new rules. Despite the updates, authorities are to conserve their discretionary powers to question an individual about the documents brought and in which way the documents comply with the newer immigration rules. Vialto Partners will remain attentive to the implementation of the amended rules and remains available for any queries our clients have.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Flavia Fernandes
Immigration, Employment, Social Security and Tax Partner
Renata Araújo
Director
André de Sousa
Senior Manager
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