Support for those in need
Court ruling exempts visa fees in move that benefits Venezuelan immigrants
A federal court in the state of Roraima issued a preliminary ruling this Tuesday, August 1, allowing immigrants from Brazil’s neighboring countries to apply for temporary residency at no cost, provided they can demonstrate that they cannot afford the fees. A temporary residency visa permits foreigners to stay in Brazil for up to two years.
The ruling will benefit Venezuelans who have come to Brazil in recent months to escape the serious economic crisis in their country, where there are shortages of food and medicines. Until now, the fee for the visa was R$311, an exorbitant amount for many immigrants who are living in poverty.
The temporary ruling by federal judge Igor Itapary Pinheiro was given in response to a civil lawsuit filed by the Federal Prosecutor’s Office and the Public Defender’s Office in June. In the case, the prosecutors and public defenders argued that a provision in the Immigration Law signed by the Presidency of the Republic in May of this year states that fees may not be charged for visas or immigration documents from vulnerable groups and individuals in a state of “economic hardship”. The new law, however, only comes into effect in November.
“Brazil can and should do more to support groups that are in a serious situation of social vulnerability, such as the case with Venezuelans. The court ruling, therefore, will be fundamental to avoid serious consequences for these immigrants who, in most cases, are here irregularly, preventing them from getting work permits and joining the formal job market, and prompting them to live in precarious conditions on the streets of Roraima and Amazonas,” said Camila Asano, coordinator of the Foreign Policy program at Conectas.
Conectas and another thirty organizations had already sent a letter to the Office of the Presidential Chief of Staff requesting the swift approval of an executive order making this exemption on immigration fees.
This Tuesday, August 1, Conectas and the Pro Bono Institute submitted an amicus curiae – a document that provides judges with independent technical opinions on the case being heard – with the intention of contributing to the ruling by the federal court of Roraima.
- Click here to reach the amicus curiae.
Refugee requests
Before the ruling, Venezuelan immigrants attempted to regularize their legal situation in Brazil by applying for refugee status, since these requests are free.
However, in addition to the fact that refugee status is only intended for people who are victims of persecution for reasons of race, religion, nationality, social group or political opinion, the large number of applications has swamped Conare (National Committee for Refugees).
The Federal Police said it received approximately 3,000 refugee requests in the first three months of this year alone. Nearly 30,000 Venezuelans have come to Brazil over the border between Santa Elena de Uairén and Pacaraima since last year, according to the Roraima state government.
