Gibson & Associates Solicitors
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There are various ways to get permanent residency in Brazil,including through marriage, family reunion and the birth of achild. There are also options for retirees, investors, academicsand those working in business.
How to get permanent residency in Brazil
Permanent residency allows foreign nationals to remain in Brazilon a long-term basis. There are different grounds for a permanentvisa (commonly known as a 'VIPER'), including:
- Marriage
- Children
- Family reunion
- Retirement
- Scientist or researcher
- Investment visa
- CEO or administrator of a start-up
- CEO or administrator of a Brazilian corporation
- Other options
Marriage
Those who marry a Brazilian citizen, or someone who haspermanent residency in Brazil, are eligible to become permanentresidents themselves. A marriage certificate and a declaration ofthe union is required.
Children
A parent whose child is a Brazilian citizen can apply forpermanent residency on this basis. The child must be financiallydependent on the applicant and under their care.
Family reunion
It is possible to get permanent residency in Brazil on thegrounds of joining an immediate family member. This family membermust either be a Brazilian citizen or permanent resident. It couldbe:
- A spouse (there is no distinction for same-sex couples)
- A domestic partner who the applicant is in a stablerelationship with
- A child under 18 years of age
- A child under 24 years of age, if attending college or pursuinggraduate/post-graduate studies
- A child with special needs
- An unmarried orphan sibling, grandchild, or great-grandchildwho is under 18 years old
- An unmarried orphan sibling, grandchild or great-grandchild whois under 24 years old and is attending college or pursuinggraduate/post graduate studies
- A sibling, grandchild, or great-grandchild with specialneeds
- A parent who is unable to provide for themselves and/or withspecial need
- A parent with custody over a Brazilian child that depends onthe parent financially
Retirement
Retirees with a passive income can make Brazil their home. It isnecessary to have a monthly income that is the equivalent of atleast $6,000 Brazilian Reals (BRL). Additional funds are needed ifthe applicant is to be accompanied by dependents.
Scientist or researcher
Persons of extraordinary ability in the fields of science,technology, research or academia can get permanent residency inBrazil. Applicants must have a job offer at a Brazilianinstitute.
Investor visa
Brazil offers its own investor visa which grants immediatepermanent residency. Usually, $500,000 BRL must be invested intoreal estate, a Brazilian start-up or an existing Brazilian company.The amount is reduced to as little as $150,000 BRL if theinvestment creates 10 jobs for Brazilian residents, or if theinvestment goes towards technology, innovative products orscientific research.
To be accepted, applicants must have a clean criminal record andsubmit a business/investment plan. If granted, permanent residencymust be renewed every three years. Permanent residency status isdependent on the investment. This means the investment must bemaintained if the applicant wishes to remain in Brazil, and doesnot acquire citizenship or other immigration permissions.
Once the investor visa has been approved, family members areeligible to join the applicant in Brazil.
CEO, manager or administrator of a start-up
If a company has been trading outside of Brazil for at leastfive years, it can expand its operations and open a start-up inBrazil. A maximum of three visas can be granted to those foundingthe start-up, such as the CEOs, managers or administrators.Permanent residency is typically granted for two years, after whichit can be renewed, subject to certain criteria.
CEO, manager or administrator of a corporation
CEOs, managers and administrators can move to Brazil as part ofan intra-company transfer. If the employee is not Brazilian, he/shecan get Brazilian permanent residency. However, the company mustinvest at least $200,000 USD per applicant into the Braziliancompany.
It is also necessary to demonstrate that the employee is aspecialised worker, or that their appointment has some kind ofbenefit to Brazil. This could be an increase in productivity, theintroduction of new technology, or social improvements.
Other options
Permanent residency in Brazil may also be granted in otherscenarios, such as to political refugees or asylum seekers.
Where to apply for Brazilian permanent residency
Applications for permanent residency can be made at Brazilianembassies and consulates. There is a significant amount ofpaperwork to complete, along with documentary evidence toprovide.
The exact nature of this evidence depends on the grounds for theapplication. Someone applying on the basis of marriage to aBrazilian citizen must provide a marriage certificate and astatement from the witnesses. On the other hand, those hoping tosecure an investor visa must first get authorization from theBrazilian Ministry of Labor and Employment. A business plan must besubmitted, along with long list of other documents.
Because there is no 'one size fits all approach', thepermanent residency application process is extremely complex foroutsiders. The Brazilian bureaucratic system is also known forbeing slow and complicated. That is why most people choose to usethe services of a Brazilian immigration consultant. An expert canprovide further information on eligibility criteria and manage theprocess on the applicant's behalf.
Renewing Brazilian permanent residency
A permanent visa is typically valid for nine years, althoughcertain categories of people need to renew their permanentresidency status after three years, including investors. This isreduced to two years for foreign nationals involved in a Brazilianstart-up.
A renewal will be granted, so long as the applicant has not beenabsent from Brazil for a period of two years, and has maintainedthe qualifying criteria. This depends on the grounds for theoriginal application. Investors, for example, must continue theirinvestment to remain in Brazil as permanent residents.
Can Brazilian permanent residency be lost?
Brazilian permanent residency will expire if the holder leavesBrazil for a period of more than two years in a row. However, it ispossible to apply for a new permanent visa. Permanent residencystatus can also be lost if residency was based on eligibilitycriteria, and the holder no longer meets these criteria. Forexample, if an investor withdraws their investment.
Getting Brazilian citizenship
It is possible to apply for Brazilian citizenship after fouryears of legal residency in Brazil. This is reduced to one year forthose who marry a Brazilian citizen or who have a Brazilian child.Scientists and researchers may be eligible for Braziliancitizenship after two years of legal residency.
Brazil has permitted dual citizenship since June 9 1994.
What if you don't qualify for permanent residency inBrazil?
If permanent residency is not an option, there are otherBrazilian visas available. The most popular include:
- A tourist visa - which permits travel to Brazil for a period ofup to 90 days
- A business visa - which permits entry to Brazil for businesspurposes, such as conferences, meetings and training
- A student visa - which grants students and unpaid internstemporary residency in Brazil. This does not permit the visa-holderto complete any kind of paid work in Brazil.
- A work visa - which allows a foreign national to work in Brazilfor a Brazilian company or an international company.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.
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