Requirements for them to stay in Brazil will be the proof of licit employment and the absence of debts with IRS and of criminal record.

On Wednesday (18), the House Floor approved the Bill 1664/07, proposed by the Deputy William Woo (PSDB-SP), which reopens the term for the provisory residency request for foreigners in irregular situation who had entered Brazil before February 1st, 2009. The matter is being forwarded to Senate.

The approved text is the Substitution Bill by the Deputy Carlos Zarattini (PT-SP), by the Committee on the Constitution and Justice and Citizenship (CCJ). The rapporteur included changes which would better clarify the necessary requirements to the request and classify irregular situations.

When requesting provisory residency, the alien should present a proof of entry in Brazil; a declaration that he/she is not being criminally sued or that he/she has not been criminally condemned, both in Brazil and abroad; in addition to paying a fee for the issuance of the Alien ID Card (CEI).

Up to 90 days before the expiration of that card, the alien can request its upgrade to a permanent one. Therefore he/she needs to prove additional conditions: exerting a profession or licit employment, or having enough assets for his/her maintenance and his/her family’s maintenance; not having tax debts or criminal record in Brazil and abroad; and not having stayed out of Brazil for more than 90 consecutive days during the provisory residency period.

Labor Exploitation
The Deputy William Woo thanked the support on the approval of the text. According to him, the government’s leader, Deputy Henrique Fontana (PT-RS), was able to recognize that the bill could be voted instead of a provisional measure which the government intended to publish. The original bill provided for the right of registration for aliens who had entered Brazil before January 1st, 2007.

According to Woo, there should be approximately from 150,000 to 200,000 illegal aliens in Brazil. “Because of their precarious situation, they do not have regular labor and social-security guarantees, and are frequently exploited by malicious people”, he affirmed.

William Woo stressed that the bill does not mean the naturalization of foreigners, but a way to guarantee that they have noteworthy work and that they pay taxes in Brazil.

Former term
The former term to the one established at the voting of Wednesday expired in 1998, and benefitted those who had entered Brazil before July of that year. According to the Decree 2.771/98, which regulated that last opportunity of a provisory record, those aliens who entered illegally Brazilian territory, or who, despite having been regularly admitted, had an expired visa, were considered illegal.

Report - Eduardo Piovesan and Mônica Montenegro
Editing - João Pitella Junior
Translation – Positive Idiomas Ltda