Will amnesty be a reality by the end of this year?

[jeduardo]

The executive secretary of the ministry of Justice, Luiz Paulo Barreto, informed on Tuesday, 11-Nov-2008, that by the end of the year, Brazil should edit an migratory amnesty law which will regularize the 40 thousand illegals who live in the country.

The most recent amnesty was 10 years ago, in 1998. A survey conducted by the Migration and Human Rights Institute, in 1998, identified 40,909 people who sought the federal agencies to legalize their situations.

Governo prepara anistia geral para estrangeiros ilegais que vivem no Brasil
O secretário-executivo do Ministério da Justiça, Luiz Paulo Barreto, informou na terça-feira, 11, que, até o fim do ano, o Brasil deve editar uma lei de anistia migratória, que vai regularizar os 40 mil ilegais que vivem no País.

[mitico67]

will this mean that if you declare yourself to the authority you can get a visa without all the usual paperwor and be able to work etc...

[jeduardo]

Originally Posted by mitico67

will this mean that if you declare yourself to the authority you can get a visa without all the usual paperwor and be able to work etc...

Yes. During the 1998 amnesty they issued RNE (Registro Nacional Estrangeiro) to those that registered. With RNE in hand you can easily get CPF, Carteira de Habilitação (Drivers License), open a bank account, and get a Carteira de Trabalho. You will be able to work legally.

[robh]

Originally Posted by jeduardo

Yes. During the 1998 amnesty they issued RNE (Registro Nacional Estrangeiro) to those that registered. With RNE in hand you can easily get CPF, Carteira de Habilitação (Drivers License), open a bank account, and get a Carteira de Trabalho. You will be able to work legally.

I wish I had waited as I just sent money to Brazil for my business visa when all I had to do was hide on a beach for a few months.

[debzor]

Originally Posted by mitico67

will this mean that if you declare yourself to the authority you can get a visa without all the usual paperwor and be able to work etc...

If only it were that simple...!!!

The figures quoted, I believe, only represent those foreigners who have been here illegally for several years, and presented themselves to the authorities.

They are presumably quite prepared to pay all the back tax, etc that this will entail. They must have been earning to keep themselves over the years, as they cannot receive benefits, and governments use this tactic to receive the tax revenue from earnings past, present and future.

The (many more) clever ones will keep quiet, and will not be taxed...

[jeduardo]

I think some people would rather be legit and have an RNE.

Back taxes... You are exempt R$ 15.764,28 per year. I know that is not a lot by foreign standards but it is 3 times the current minimum wage of R$415/mo as of 01-Mar-2008. I know people with CPF but no RNE that declare exempt with Receita Federal every year. You need to do this every year to keep your CPF active. Starting 2008 if you are under R$ 15.764,28 you no longer need to declare exempt.
Declaração Anual de Isento 2008
Receita Federal acaba com a declaração de isento - Terra - Imposto de Renda 2008

Cannot receive benefits...You can't get retirement benefits unless you contribute to INSS. You can declare yourself self-employed and individually contribute to INSS so that you qualify for future retirement benefits but you would need a Número de Identificação do Trabalhador - NIT which would require a RNE.
17/05/2007 - Benefícios: INSS não exige idade mínima para aposentadoria integral (Notícias MPS)
Ministério da Previdência Social

[jeduardo]

For those who are interested, here is a Link to the full text of the 1998 Immigration Amnesty.
There is no guarantee that the 2008 amnesty will even come to fruition or if it will be modeled after the 1998 decree.
DECRETO Nº 2771, DE 8 DE SETEMBRO DE 1998.
http://www.acnur.org/biblioteca/pdf/0789.pdf

[jeduardo]

New law (2008) provides the criteria for the granting of temporary or permanent visa or residence permit, to the partner or companion in stable union, irrespective of sex.

RESOLUÇÃO NORMATIVA Nº 77, DE 29 DE JANEIRO DE 2008
Publicada no DOU n° 27, de 11 de fevereiro de 2008, Seção I, página 81.

http://www.mte.gov.br/legislacao/res...0080129_77.pdf

[debzor]

Originally Posted by jeduardo

Back taxes... You are exempt R$ 15.764,28 per year. I know that is not a lot by foreign standards but it is 3 times the current minimum wage of R$415/mo as of 01-Mar-2008. I know people with CPF but no RNE that declare exempt with Receita Federal every year. You need to do this every year to keep your CPF active. Starting 2008 if you are under R$ 15.764,28 you no longer need to declare exempt.
Declaração Anual de Isento 2008
Receita Federal acaba com a declaração de isento - Terra - Imposto de Renda 2008

Hi Jeduardo

As 99% of the people who read this forum are gringos, or non-Brazilian, are you sure of the advice you are giving them about renewing their CPF cards, in order to keep them 'active', as opposed to what Brazilians have to do?

ie, they need do nothing if they do not earn over R$15k+?

[jeduardo]

Originally Posted by debzor

Hi Jeduardo

As 99% of the people who read this forum are gringos, or non-Brazilian, are you sure of the advice you are giving them about renewing their CPF cards, in order to keep them 'active', as opposed to what Brazilians have to do?

ie, they need do nothing if they do not earn over R$15k+?

Yes. I am quite sure as I am also Gringo. Before 2008 you had to declare your income or declare exempt

which you can do via the Internet. The new law no longer requires you to declare exempt under R$15k.

DAI 2008 - Declaração Anual de Isento
Declaração Anual de Isento 2008
A DAI, a partir do exercício de 2008, não mais será exigida para o contribuinte desobrigado de apresentar a DIRPF.

I did forget to mention one caveat in that property owners have to declare income tax if property value is over R$ 80.000,00.
6 - teve a posse ou a propriedade de bens ou direitos, em 31/12/2007, inclusive terra nua, de valor total superior a R$ 80.000,00;
OBRIGATORIEDADE DE ENTREGA

In the case of real property, you should be able to use the value as stated on your IPTU which is usually quite low and does not reflect the actual market vaue.