BRAZILIAN MIGRATION LAW - Q&A

BRAZILIAN MIGRATION LAW – Q&A

BRAZILIAN MIGRATION LAW - Q&A

As of 05/01/2023 the Brazilian Migration Law (Law 13.445 of May 2017) is back in full operation.

Because it is a migration law that regulates access to the country’s borders and not just embarkation or disembarkation; vessels with seafarers on board with non-compliant documentation, the legal entity responsible for the vessel will be fined.

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– The SID becomes the official immigratory document in Brazilian territory for maritime crew members.

– The SEAMANS BOOK is no longer considered a valid immigration document for maritime seafarers.

– The PASSAPORT becomes the valid imigratory document in the absence of the SID.

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In order for a seafarer to have the SID it is necessary that his/her home country be a signatory of the ILO C185!

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Seafarers born in countries not signatory to ILO C185

Seafarers signatory to ILO C185 who may be without the SID

Must meet the requirements of the General Framework on Visa Regime for the Entry of Foreigners in Brazil with their passports:

Requiring a visit visa (VIVIS) or

Exemption from the visit Visa (VIVIS), according
to the period of stay contained in the GRVF

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In addition, one should be aware of the bilateral transportation agreements in effect with Brazil and their exemptions: Algeria, Bulgaria, China, France, Poland, Portugal, Russia and Vietnam.

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QUESTIONS & ANSWERS

Is this requirement for ILO185 compliant SID will only be for sign on / off and transit?

No!

This is a border migration issue and not just for embarkation or disembarkation / entry or repatriation

If seafarers come on board the vessel with their documentation in disagreement, the person legally responsible for the vessel will be fined, according to the laws in force.

Is will also be applicable for crew arriving by sea, staying on board and departing by sea?

Yes!

This is a border migration issue and not just for embarkation or disembarkation / entry or repatriation

If seafarers come on board the vessel with their documentation in disagreement, the person legally responsible for the vessel will be fined, according to the laws in force.

Those crew that remain on board will be exempted from this requirement? If applicable, is there any fine or penalty for company or crew ? If yes, how much will the fine be?

At the Port of Santos, the fine is usually 1,000.00 reais per crew member who does not have the right documentation. In the Port of Rio de Janeiro, the fine is usually 100.00 reais.

Countries which do not need visa to arrive in Brazil?

Countries signatory to ILO C185 with “02. Visa waiver, for up to 30 days”:
Kazakhstan and Indonesia

Countries signatory to ILO C185 with “04. Visa waiver, for up to 90 days”:
Albania, Antigua and Barbuda, Bahamas, Bosnia, South Korea, Croatia, Spain, Philippines, *France, Georgia, Hungary, Luxembourg, Moldova, Montenegro, *Russia and Tunisia

Countries signatory to ILO C185 with “01. Visa Required”:
Azerbaijan, Bangladesh, Congo – Democratic Republic of, Yemen, India, Iraq, Jordan, Kiribati, Madagascar, Maldives, Myanmar, Nigeria, Pakistan, Kenya, Sri Lanka, Tanzania, Turkmenistan and Vanuatu

Countries signatory to ILO C185 (first version) and not signatory to the final version with “01. Visa Required”:
Marshall Islands

Countries signatory to ILO C108 and non-signatory to ILO C185 with “04. Visa waiver, for up to 90 days”:
Barbados, Belize, *Bulgaria, Canada, Denmark, Dominica, Slovenia, Estonia, Fiji- Islands, Finland, Grenade, Greece, Guatemala, Guyana, Honduras, Ireland, Iceland, Italy, Latvia, Lithuania, Malta, Morocco, Mexico, Norway, Panama, *Poland, *Portugal, United Kingdom, Czech Republic, Romania, Saint Vincent and the Grenadines, Sweden, Turkey, Ukraine and Uruguay

Countries signatory to ILO C108 and non-signatory to ILO C185 with “01. Visa Required”:
Angola, *Algeria, Cuba, Djibouti, Ghana, Guinea-Bissau, Iran, Liberia, Mauritius, Kyrgyzstan, Solomon Islands, Saint Lucia and Tajikistan

Countries not signatories to ILO C108 and ILO C185 with “01. Visa Required”:
Afghanistan, Saudi Arabia, Bahrain, Benin, Brunei, Burkina Faso, Burundi, Bhutan, Cape Verde, Cambodia, Cameroon, Chad, *China, Comoros, Congo-Republic of, Cook Islands, North Korea, Ivory Coast, Egypt, Eritrea, Ethiopia, Gabon, Gambia, Guinea, Equatorial Guinea, Haiti, Kuwait, Laos, Lesotho, Lebanon, Libya, Malawi, Mali, Marianas Islands, Mauritania, Micronesia, Mozambique, Nauru, Nepal, Niger, Oman, Palau, Palestine, Papua New Guinea, Central African Republic, Rwanda, Western Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Syria, Somalia, Swaziland, Sudan, South Sudan, East Timor, Togo,  Tonga, Tuvalu, Uganda, Uzbekistan, *Vietnam, Zambia and Zimbabwe

Countries not signatories to ILO C108 and ILO C185 with “12. Brazil does not maintain diplomatic relations. Visa granted for up to 90 days. Diplomatic or Official Visas are not granted”:
Kosovo

Countries not signatories to ILO C108 and ILO C185 with “13. Brazil does not maintain diplomatic relations. Visa granted on “laissez-passer”, for up to 90 days. Diplomatic or Official Visa is not granted”:
Sahrawi Arab Democratic Republic (SADR)

Countries not signatories to ILO C108 and ILO C185 with “14. Brazil does not maintain diplomatic relations. VIVIS granted for up to 5 years, with a stay of up to 90 days and a total stay of up to 180 days per year, counted from the first entry. Visas are not granted in PADIP, PASOF or Taiwanese PASER”:
Taiwan

Countries not signatories to ILO C108 and ILO C185 with “02. Visa waiver, for up to 30 days”:
Singapore

Countries not signatories to ILO C108 and ILO C185 with “03. Visa waiver, for up to 60 days”:
Dominican Republic and Venezuela

Countries not signatories to ILO C108 and ILO C185 with “04. Visa waiver, for up to 90 days”:
South Africa, *Germany, Andorra, Argentina, Armenia,
Australia, Austria, Belarus, Belgium, Bolivia, Botswana, Qatar, Chile, Cyprus, Colombia, Costa Rica, El Salvador, Arab Emirates, Ecuador, Slovakia, United States, Hong Kong, Israel, Jamaica, Japan, Liechtenstein, Macao, Macedonia, Malaysia, Monaco, Mongolia, Namibia, Nicaragua, New Zealand, Sovereign and Military Order of Malta,  Netherlands, Paraguay, Peru, San Marino, Saint Kitts and Nevis, Seychelles, Serbia, Switzerland, Suriname, Thailand, Trinidad and Tobago and Vatican

*Countries that have agreements on maritime transport with Brazil:
Germany, Algeria, Bulgaria, China, France, Poland, Portugal, Russia and Vietnam

If Brazilian Visa is required for crew sign on and sign off, what kind of visa will the onsigners need to apply at their home country?
VIVIS

In case any crew will need a Visa to sign off, can you assist to apply off signers visa when they will be disembarked?
It is not possible to obtain a Visa on Brazilian soil! Only in extraordinary cases for humanitarian reasons, through consultation with the Brazilian Ministry of Foreign Affairs

Do these new rules mean all crew arriving Brazil by sea must hold ILO C185 or be fined?
Those who are in disagreement as of 05/01/2023 will be fined. Until further notice!

Is there any way to avoid fines for our crew who do not hold ILO C185 yet?
At first the answer would be no!

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·        Spare Parts – Clearance & Logistic

·        Crew Change & Matters

·        Port Pass – Complete Management of Supts. and Technical Teams

·        Meet & Greet – Transshipment of seafarers, technicians and foreigners at Brazilian airports

·        Own Transportation of People and Parts

·        Booked Services

·        All Husbandry Services Matters

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