New Ordinance provides rules related to the grant of humanitarian visa for Ukraine citizen and the stateless individuals impacted or displaced by the conflict in Ukraine
On March 3rd, 2022, it was published the Ordinance MJSP/MRE no. 28/2022, which governs the granting of a temporary visa valid for up to 180 days and a residence permit for humanitarian purposes to Ukrainian nationals and stateless individuals who have been affected or displaced by the conflict situation in Ukraine.
According to the new legislation, the visa application will be analyzed by the consular authority upon presentation of (i) passport; (ii) visa application form; (iii) proof of means of transport to enter in Brazil and (iv) certificate of criminal record issued by the Government of Ukraine or, if this is not possible, declaration of absence of criminal record in any country.
Upon the entrance in Brazil with the visa, the immigrant must register before the Federal Police within 90 days, occasion when it will be granted a residence permit valid for up to two (02) years. The same goes for the stateless immigrant. In the latter case, the process of recognition of stateless status must be initiated with the Ministry of Justice and Public Security within 90 days of entry into Brazil.
The Ordinance also provides for the possibility of transforming the temporary visa initially granted into a residence permit for indefinite period. In this case, the immigrant must start the process within 90 days before the end of the initial residence valid for 02 years and must prove that he/she has not been absent from Brazil for a period exceeding 90 days for each migratory year; that entered and left the national territory exclusively through Brazilian migratory control; that does not have criminal records in Brazil and abroad and has financial means to live in Brazil.
It is guaranteed to the immigrant the free exercise of work in Brazil and the obtainment of the residence permit implies the waiver of the request for recognition of refugee status.
The Ordinance is valid until August 31, 2022.