Permanent Residence Visa for Foreigners in Brazil - Koetz Advocacia (2024)

The Permanent Residence Visa for Foreigners in Brazil can be obtained in a variety of situations. It can be originated from different types of visas, which may vary according to your specific case. It’s important to pay attention to the requirements and understand which type best suits your situation.

It’s also relevant to say that the term “permanent” is no longer being used in Brazilian Law. Now “indeterminate” is the correct term to refer to a permanent residency in Brazil.

In case you are interested in obtaining a “permanent” visa, you can contact us by clicking here, so we can advise you on all the steps for your case.

How do you get permanent residency in Brazil?

To obtain permanent residency in Brazil, you need to follow a few standard steps (beware the exceptions, I’ll explain them further in this post):

1. Apply and get the right Visa for your case;
2. Travel to Brazil with your Visa;
3. Use the time your Visa authorizes;
4. Analyze the viability of getting temporary residency in Brazil and applyingfor it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires. If your visa is valid for 12 months or less, arrive in Brazil and start analyzing and organizing the documents;
5. Apply and get your temporary residency;
6. Analyze the viability of getting permanent residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your temporary authorization expires;
7. Extra step:after 4 years of living in Brazil with a permanent residence authorization, you might apply for naturalization (“citizenship”). But if you are married to a Brazilian, or have Brazilian offspring then the term to apply for naturalization falls to 1 year.

It requires patience and time, as it’s a lengthy, bureaucratic process and attention is needed when organizing documentation.

Equally important, we commented on the types of visas for foreigners in Brazil.

Retired or pensioner

The situation of the retiree and foreign pensioner have differences that need to be analyzed.

Although, if you are already retired or a foreign pensioner, you have already proven your income of 2,000 dollars net. The steps are almost the same that the standard one.

Start by applying for the retired or pensioner visa, which lasts up to 2 years. After that, follow the steps below:

• Analyze the viability of getting temporary residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires;
• Apply and get your temporary residency (2 years);
• Renew your temporary residency. However, this renewal is not determined by law, whether it’s determined or indefinite.

Family Reunion

If you have a family reunion visa and the conditions for the person calling you, whether it’s your parents, offspring, spouse, or partner, will grant your residency permit.

For example, if you are married to a Brazilian citizen, you’ll be able to stay in the country as long as the marriage lasts – or if you meet the requirement for naturalization.

Another example is if you are married to someone who has a permanent residence Visa for foreigners in Brazil, you might have it too (as long as the relationship continues).

How to apply for Permanent Residence Visa for Foreigners in Brazil if you are an investor

As we mentioned before, investors might have a permanent residence Visa for foreigners in Brazil by different steps than the standard process. Since they are investing in Brazil, that means, contributing to the country’s growth, economics, and/or employment, and the additional steps they have to take are harder, they are benefited with easiness in other steps!

There are two main options to follow: Real Estate Investor or Entrepreneur. Let’s see how it works for those cases.

Permanent Residence Visa for Foreigners in Brazil: Real Estate Investor

For the Real Estate Investor to get a permanent residence visa for foreigners in Brazil, he must follow some steps.

So the process in this case is:

1. First, while still abroad, it’s necessary to apply for a visa. If granted, the permit will authorize you to receive up to 4 years of visa;
2. when already in Brazil, 6 to 12 months before the first authorization expires, the investor must analyze and start the application for temporary residency. This one will last 2 more years;
3. again, 6 to 12 months before the temporary authorization expires, start the process to apply for permanent residency, which will have a term of up to 4 years;
4. if you wish to, after 4 years you may apply for naturalization. But remember that this time may fall to 1 year if you meet additional requirements (see further in this article).

Permanent Residence Visa for Foreigners in Brazil: Entrepreneur

The entrepreneur who wants to get a permanent residence Visa for foreigners in Brazil also needs to go through other steps.

If he is abroad, he needs to apply for an investor visa (entrepreneur). It’s necessary to request the visa online, presenting the documentation requested.

The main difference here is that his prior residence permit, in this case, is permanent and not temporary.

Therefore, this is the quickest way to get a “permanent Visa”.

However, if the investor is already in Brazil, he must apply for a residence permit. The application must be done at the Ministry of Labour and if granted, it will be permanent (officially called “indefinite term”).

Who can apply for a Permanent Residence Visa?

Accordingly, foreigners who can apply are those who are already in Brazil. That is, on a regular situation with the visa up to date. For most people, it’s only possible to apply for a Permanent Residence Visa while in Brazil and not in your home country. However, there are exceptions for investors. In their case, it’s possible to ask for a specific type of residence authorization while still abroad.

But it’s important to have in mind that some visas have a short period of stay. As the process of applying for and obtaining residence authorization is around 4 to 8 months, visas with shorter periods of stay will not allow you to wait for the authorization.

For example, visit visas grant foreigners a period of stay from 30 to 90 days only.

If this is your situation, but you want to live more time in Brazil, contact a lawyer to help you find the best and safest strategy for your case.

Still, in most cases, it’s necessary to justify the reason for residency in Brazil. In other words, why you are interested in living in the country?

Although there are agreements that Brazil has with some countries that allow residence with non-justification. It is the case with countries from MERCOSUL and border countries.

How can I immigrate to Brazil?

Firstly, for you to immigrate to Brazil, you must apply and get a Brazilian visa. The visa must be requested before your arrival in Brazil. That means you must apply for the Brazilian Visa while still abroad – in your country of origin. So only in that situation, you can enter Brazil without any problems. However, if you are from a country that, by its relation with Brazil, grants a Brazilian visa waiver for its citizens, you might enter only with your ID.

Examples of these countries are the ones from MERCOSUL and Brazilian borders.

Thus, you need to pay attention to the period you are allowed to stay in Brazil. It’s important to know the exact expiry date of the visa so you do not stay in the country irregularly. Otherwise, a fine will be charged.

Once the visa is granted, you can take the steps we explained before to extend your stay in Brazil or even stay permanently.

Can you get Brazilian citizenship?

You can get Brazilian citizenship if you live in the country for, at least, 4 years under residence authorization for an indefinite term (permanent residency). But if you are married to a Brazilian citizen or have Brazilian offspring, then the 4 years fall for 1 year living in the country with permanent residency. Also, if you are from a Portuguese-speaking country, the time might fall to 1 year too.

In Brazil, citizenship for foreigners is called “naturalization”. Overall, Brazil has several types of naturalization, but the ordinary is the most common.

To apply for ordinary Brazilian naturalization you need:

• civil capacity, according to Brazilian law;
• live in the national territory, under residence authorization for an indefinite term, for a minimum period of 4 years. Also, this time falls for 1 year if you are married to a Brazilian or has Brazilian offspring;
• ability to communicate in Portuguese, considering the conditions of the naturalization; and
• no criminal conviction or proof of rehabilitation, under the terms of current legislation.

As mentioned before, the naturalization period is shortened to 1 year if you meet the following:

• has a Brazilian-born or naturalized child, except for provisional naturalization; or
• is married to a Brazilian spouse or partner and not be legally separated from him/her at the time the naturalization is granted;
• has provided or be able to provide relevant service to the Country; or
• be recommended for your professional, scientific or artistic capacity.

If you are from a Portuguese-speaking country, it’s also possible to have Brazilian naturalization in a shorter time if you prove:

• residence in the country for an uninterrupted year; and
• moral suitability.

Extraordinary Brazilian naturalization:

For Extraordinary Brazilian naturalization, it’s necessary to have settled in the national territory for more than fifteen years uninterruptedly and without a criminal conviction, or already rehabilitated in accordance with current legislation.

Special Brazilian naturalization:

To get the Special Brazilian naturalization it’s needed to:

• being a spouse or partner, for more than 5 years, of a member of the Brazilian Foreign Service in activity or of a person in the service of the Brazilian State abroad; or
• be or have been employed in a diplomatic mission or in a consular office in the country for more than 10 uninterrupted years.

Provisional Brazilian naturalization:

The Provisional Brazilian naturalization is granted to children or adolescents who have taken up residence in Brazil before reaching the age of 10. Therefore, it must be requested by a legal representative.

It’s important to point out that naturalization is not automatic, requiring a specific application and process for its granting.

How long do you have to live in Brazil to become a citizen?

In general, you must live in Brazil for at least 4 years to become a citizen (apply for naturalization). However, this time might be larger or shorter, depending on your situation. So the time of residence to apply for citizenship may be of:

• 4 years under residence authorization for an indefinite term;
• 1 year under residence authorization for an indefinite term if you are married to a Brazilian or have Brazilian offspring;
• 1 year under residence authorization for an indefinite term if your country of origin is a Portuguese-speaking one;
• 1 year if you haveprovided or be able to provide relevant service to the Country; or
• 1 year if you were recommended for your professional, scientific or artistic capacity;
• 15 years if you are living in Brazil uninterruptedly and without criminal conviction;
• 5 years being a spouse or partner of a member of the Brazilian Foreign Service in activity or of a person in the service of the Brazilian State abroad;
• 10 uninterrupted years being employed in a diplomatic mission or in a consular office in the country;
• with no minimum time if you are a child or adolescent who took up residence in Brazil before the age of 10.

Once, it can vary from at least 1 year to 15 years. It’s necessary to analyze the specific case, to verify which type of naturalization best represents your situation.

How can a foreigner get a Brazilian passport?

A foreigner may be entitled to a Brazilian passport, as long as they are naturalized. That means, as long as they have Brazilian citizenship. However, there are exceptions, see below.

As a rule, the Brazilian passport is granted to every Brazilian, whether born or naturalized.

Furthermore, the foreigner may also have a Brazilian passport in the following cases:

In Brazil:

• a stateless person or person of undefined nationality;
• asylum seekers or refugees in the country provided that they are recognized under these conditions by the Brazilian government;
• a national of a country that does not have representation in the national territory or is represented by another country, after consultation with the Ministry of Foreign Affairs;
• foreigners who are demonstrably deprived of any identity or travel document, and who cannot prove their nationality;
• foreigners legally registered in Brazil who need to leave the national territory and return to it, in cases where they do not have a travel document;

Abroad:

• a stateless person or person of undefined nationality;
• to the spouse, widower, or widow of a Brazilian who has lost his or her original nationality as a result of marriage;
• foreigners legally registered in Brazil and who need to enter the national territory, in cases where they do not have a valid travel document, after consulting the Federal Police Department.

How to get a Permanent Residence Visa for foreigners in Brazil?

To summarize, you can get a Permanent Residence Visa for foreigners in Brazil through the standard process or through exceptions, according to your Visa. You must gather your documents, according to the type of Visa, and apply for it through the internet. After that, you must come to Brazil and follow the steps for your case. To apply, you can do it by yourself, but to be more secure, you can count on a lawyer who specialized in migrations.

If you want our help with your process, click here to send the data of your case.

The standard process requires that you:

1. Apply and get the right Visa for your case;
2. Travel to Brazil with your Visa;
3. Use the time your Visa authorizes;
4. Analyze the viability of getting temporary residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires;
5. Apply and get your temporary residency;
6. Analyze the viability of getting permanent residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your temporary authorization expires;
7. Extra step:after 4 years of living in Brazil with a permanent residence authorization, you might apply for naturalization (“citizenship”). But if you are married to a Brazilian, or have Brazilian offspring then the term to apply for naturalization falls to 1 year.

The exceptions are:

1. Visit visas – these do not give you enough time to wait for the process of residency authorization. You must request you authorization as soon as you arrive in Brazil;
2. Digital Nomad visa – this one cannot be converter into permanent residence, because of its nature;
3. Investor Visa – this one is, in fact, a residency authorization from the first step;
4. Pensioner or retiree – you can get 2 years of visa, more 2 years of residence, and renew your residency authorization. However, the law does not specify if the renewal is temporary or permanent yet;
5. For foreigners who are from a country that grants Brazilian visa waivers, such as MERCOSUL or borders – in this case, you can enter Brazil without a visa and require your residency authorization.