The Brazilian right of residence is regulated, by the law nº 13.445 of 2017, among others. These regulations are complemented by decrees of the Ministry of Labour. The main permanency titles in resume are as follows:

1. Visaless stays

For short term touristic or business stays up to 90 days, during a period of 180 days, for Germans, Russians and citizens of most European and Central American countries only a valid passport is required. North American citizens need a visa though.

2. Transit visa

A transit visa can be granted for a maximum period of 10 days and is not renewable. No transit visa is needed, if there is only a travel stop in Brazil with final destination abroad.

3. Tourist visa

Due to the reasons mentioned in item 1, tourist visa are irrelevant to most Europeans. Tourist visa are conditioned to non commercial or professional purposes of the applicant, who during his travel cannot receive any kind of payment. Such a visa has a maximum validity of 5 years for stays of 90 days during a period of 180 days.

4. Temporary visa

According to Art. 14 of the Immigration Law No. 13.445, a temporary permanency can be granted for the following purposes:

• Cultural journeys and study purposes,

• Business journeys,

• For selected athletes and artists,

• For students,

• For scientists, professors and teachers, professionals of determined technical skills, contracted by the Brazilian government or acting by any mean for the Brazilian state,

• For foreign correspondents,

• For members of religious communities.

For businessmen, athletes and artists, the stay is also limited to a period of 90 days. The temporary visa for members of religious communities lasts up to one year. In any other cases the duration of the temporary visa is linked to the duration of the respective project. The student visa is usually limited to one year.

5. Permanent or temporary residency

Persons intending to move their permanent or temporary residency to Brazil, can require a settlement permit. According to the rising demand of such permits, the requirements are getting increasingly strict.

According to the decree of the Ministry of Labor No. 108/2014, a permanent residency based on family reunion can be granted to:

• The spouse of a Brazilian citizen and

• Spouses of a foreign holder of a permanent or temporary residency with a minimal validity of six months, as well as,

• Parents of a Brazilian child, as long as the child is being kept in the custody of the applicant and

• Partners of a Brazilian citizen in a marriage-like community. The aforementioned is valid also for same-gender unions, if they fulfill the requirements of resolution RN CNIg nº 108/2014 of the National Counsel of Immigration.

A settlement permit can be exceptionally granted for professionals with specific technical skills.

6. Investor visa

According to the decree No. 118/2015, the Ministery of Labour can grant a visa to such persons, who invest a minimal amount of R$ 500.000,- of foreign capital in Brazil and who intend to live there. The mentioned amount can be less, if a considerable quantity of employments will be created.

The requirements, however, are becoming increasingly strict. An investment, for instance, has to be accompanied by “considerable social and economic effects”. With the application a detailed business plan has to be submitted and at least one official employment, subject to social insurance contribution, has to be created.

The visa will first be granted for 3 years. After its expiration, the investor has to prove that the company still exists and workplaces have been created. If these requirements are fulfilled, a permanent settlement permit can be granted.

7. Visa for executives

According to the decree of the Ministry of Labour No. 62/2004, business administrators and executive members of foreign companies that are representing their companies interests in Brazilian companies can apply for a permanent visa. The visa, though, is linked to the executive activities and expires with the interruption of the employment relationship.

In the case of a foreign companies investment of R$ 150.000,- into a Brazilian company, within two years after the foundation of the Brazilian company or arrival of the foreign executive, at least 10 workplaces have to be created. Investments of R$ 600.000,- or over are not conditioned to the creation of jobs.

Our services:

Weber & Bernardo has long standing experience in legal practice of Brazilian permanency law and is able to councel and represent your interests in any matters of visa law, especially in achieving a investor visa. Furthermore we offer competent defense against deportation orders.