Digital Nomads – Immigration and Labor aspects to be considered

After the covid´s restrictions, companies had to deal with this new modality of working remotely. In this sense, several countries opened their borders to the new modality of “digital nomads” who want to temporarily reside in these places.

There are 25 countries that have migratory legislation of digital nomads in force. To exemplify some countries, there is Estonia, which was one of the first countries to adopt specific legislation so that immigrants can work from their territory, enabling the granting of temporary visas to professionals who reside there but work for other countries. The Caribbean has also followed this initiative and already grants temporary visas to foreigners residing by the sea and providing services to other locations. Other countries have also set up visa programs for digital nomads, such as the Czech Republic, Portugal, Croatia, Germany, Spain, Mexico, Australia, and Dubai.

As well as Brazil is included on the abovementioned countries that have now a Digital Nomads legislation in force under the RN 45/2021.

To provide you the relevant points of the Normative Resolution for Digital Nomads, our global mobility team highlighted the following items:

Definition of the term Digital Nomads:

Based on the Brazilian immigration authorities, immigrants who are “digital nomads” should be able to perform their work for the foreign employer remotely by technologies and digital communications. 

It is important to note that immigrants who work or do not have an employment relationship with a Brazilian company, or those who already have a valid residence permit to work in Brazil, will not be qualified as “digital nomad” under the migratory legislation terms.

Several countries opened their borders to the new modality of “digital nomads”

Immigration regularization procedures:

If the immigrant is out of the country, to acquire a “digital nomad” authorization in Brazil it will be necessary to present the documents mentioned in the Resolution No. 45 to the Brazilian authorities abroad, they are:

  • A statement from the immigrant attesting their ability to work remotely through technologies.
  • An employment contract or provision of service or other documents proving the connection with the foreign employer.
  • A proof that the immigrant has means of subsistence and must be paid in a monthly amount equal to or greater than US$ 1,500.00 (one thousand five hundred dollars) or bank funds in the minimum amount of US$ 18,000.00 (eighteen thousand dollars).
  • Additionally, it must submit the additional documentation required by the Brazilian migratory legislation.

Allowed Period for the Digital Nomad ‘visa:

The deadline to be an immigrant as a “digital nomad” will be up to 1(one) year and may be extended for the same period of the previous authorization, in another year, and a new application must be submitted including the required documents by the Brazilian Migratory Law.

Labor Procedures on “Digital Nomads” in Brazil

Regarding to immigrants who came to Brazil as “digital nomads”, that comes to remain temporarily in the country, working remotely for a foreign company, we must emphasize that this person will have no labor rights in Brazil.

It is incompatible with this type of visa established for those immigrants that they have the support of the CLT. In this way, the labor issues of the “digital nomads” will be connected to the employer’s country.

Therefore, the company that maintains the “digital nomad” in Brazilian territory should redouble the care so that the employment bond is not characterized, avoiding, for example, the face-to-face and recurrent contact at the headquarters of the Brazilian company, in addition, it is necessary to avoiding hierarchical linkage to the Brazilian structure.

In summary, with the recent changes in legislation, we recommend that your company observes the immigration and labor aspects in advance. Our team of Drummond Advisors remain at your disposal to provide Migratory and Labor assistance for your company.

Written by Júlia Alves, Paralegal at Drummond Advisors, Ana Gabriela Francelli and Daniel Rangel, Associates at Drummond Advisors


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