For purposes of extending the immigration deadlines by the Federal Police of Brazil, the Ordinance No. 21 of the Ministry of Justice (the “Ordinance”) will enter into force on March 15, 2021, which sets forth the extension of the deadline for immigration regularization until September 16, 2021.

In light of the adoption of public emergency protection measures  due to COVID-19, the Federal Police previously determined the suspension of these immigration deadlines as of March 16, 2020.

According to the Ordinance, the extension comprises the foreigners who hold identification documents that have been expired since March 16, 2020, which may be regularized without the imposition of fines for delay in the registration, nor characterizing an extended stay during that period.

In addition, the registration protocols related to migratory regularization, National Immigration Registry Cards (“CRNM”) and other documents related to the Federal Police's migratory activities that have been expired since March 16, 2020, must be accepted as valid and may be used until September 16, 2021, for the purposes of entering, registering, renewing or changing the immigration deadline.

It is important to clarify that, in the process of migratory regularization, the Federal Police will only accept documents expired after March 16, 2020, as long as the expatriate remained in Brazil and if he/she regularizes it until September 16, 2021. However, in case of any traveling abroad by the foreigners, it cannot exceed 30 days, counting the sum of the periods.

In the event of expatriates who are in Brazil, the new Ordinance establishes that the foreigners may also require an extension of the date of departure in case of entry restrictions in other countries, even if it exceeds the immigration year (counting from the entry into Brazil).
Finally, the passports not withdrawn by the foreigners will not be automatically cancelled.

Originally Published by Mayer Brown, March 2021

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.