To stay in Brazil, it will be necessary to prove a licit employment, no tax debts or criminal record

On Thursday (4), the Chamber approved a bill which reopens for 180 days (counted from the enactment of that law) the term for foreigners in irregular situation living in Brazil to submit a request for provisory residency, which is valid for two years. In the three months before the deadline for the register of provisory residency, the foreigners can request its upgrade to permanent residency, according to a regulation to be defined by the government. The bill, which has already been approved by the Senate, was sent to the President of the Republic for his sanction.

The new term benefits immigrants who arrived in Brazil by February 1st, 2009. The former term was June 29th, 1998, defined by Law 9.675, enacted at the same date.

The bill was approved by the Chamber last February and sent to Senate, where it received four amendments – two of which were approved on Thursday by the deputies, and two rejected.

One of the approved amendments establishes a 180-day term for the irregular foreigners to request provisory register. There was no term in the bill approved by the Chamber. Another amendment establishes that, after the concession of a provisory register, the Ministry of Justice will issue the Foreigner’s Identification Card, which will be valid for two years.

The text, approved by the Chamber and sent to Senate, was the substitution bill by Deputy Carlos Zarattini (PT-SP), the rapporteur at the Committee on the Constitution and Justice and Citizenship (CCJ), on the Bill 1664/07, authored by Deputy William Woo (PSDB-SP). He detailed the necessary requirements for that request, and defined what an irregular situation is.

Requirements

When requesting provisory residency, the foreigner should present a proof of entry in this country; a declaration that he/she has not been criminally sued, or that he/she has not been criminally condemned, in Brazil or abroad; and pay a fee for the issue of the Foreigners’ Identification Card (CEI).

In up to 90 days before the expiration date of that ID card, the foreigner can request its upgrade to permanent. Therefore, he should prove additional conditions: exerting a licit employment or profession, or having enough assets for his/her maintenance and/or his family’s; not having tax debts or criminal record in Brazil and abroad; and not having left Brazil for more than 90 consecutive days during provisory residency.

Labor exploitation
Deputy William Woo estimates that there are from 150,000 to 200,000 foreigners in irregular situation in Brazil. “Due to their precarious situation, they do not have the guarantees of labor and social-security rules, and are frequently exploited by ruthless people”, he affirmed.

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

From the newsroom/WS
Translation - Positive Idiomas Ltda