Permanent residence agreement: Brazil and MERCOSUR countries

Did you know that nationals of MERCOSUR members or associated countries have a different process to apply for a residence permit in Brazil? Understand how the entire process works and the necessary documentation from the permanent residence agreement in Brazil and MERCOSUR countries.

The MERCOSUR Treaty

The Southern Common Market (MERCOSUR) emerged with the Treaty of Asunción, an initiative of Latin American countries in the 1980s for greater regional integration. The founding members are Argentina, Brazil, Paraguay, and Uruguay.

Since its foundation, other countries have also joined the Treaty, such as Venezuela – currently suspended for breaching a protocol – and Bolivia, which is in the process of accession. All other South American countries are linked to MERCOSUR as Associated States.

What is the purpose of MERCOSUR?

The purpose of MERCOSUR is to establish a common market among these countries – with a model of deep integration. Thus, the Treaty has three basic pillars: economic, social, and citizenship.

In the first pillar, MERCOSUR aims to create a common market between the State’s Parties, being a customs union bloc. In the second pillar, the Treaty aims to establish regional public policies, such as the eradication of poverty and hunger, incentives for education, and public health.

Finally, on the issue of citizenship, the Treaty of Asunción aims to implement policies that allow the free movement of people between States and Parties and guarantee equality between countries – strengthening regional.

That is why a permanent residence agreement between Brazil and the MERCOSUR countries becomes entirely possible, with a differentiated process. In addition, the pension/retirement agreement is also included, which allows for retirement and the acquisition of other benefits by adding time worked between the different MERCOSUR countries.

Permanent residence agreement Brazil and MERCOSUR countries: how to obtain authorization?

Given this, Brazil published Decree Nº. 6,975/2009 which enacts the permanent residence agreement between Brazil and MERCOSUR countries. Thus, people who have nationality originating in one of the States – being a member or associate – can apply for a residence permit in Brazil.

It’s important to note that the immigrant who applies for a residence permit in Brazil has all the rights of a national, such as equality, labor, and social security rights. In addition, it’s possible to include the applicant’s family – even if they are of different nationalities, that is, from a country that is not a signatory to the Treaty.

The requirements and the entire process of applying for a residence permit are set out in the Migration Law Nº. 13,445/2017 and Decree Nº. 6,975/2009. Therefore, immigrants who want to reside in Brazil temporarily or permanently need to follow some steps.

Step by step to apply for a residence permit in Brazil

• First, the applicant must appear at the Federal Police (if in Brazil) or the Consulate (if abroad) with the completed application form and the necessary documentation to start the process:
• 1 photo 3×4, recent, color, white background, plain paper, from the front;
• Declaration of electronic address and other means of contact (Annex XIX of Interministerial Ordinance Nº. 3/2018);
• Valid and current passport or identity card, to prove the identity and nationality of the applicant;
• Birth certificate and proof of marital status and certificate of nationalization or naturalization, when applicable;
• Negative certificate of judicial and/or criminal and/or police records in the country of origin or in which the applicant has resided in the five years before his/her arrival in the country;
• Declaration, under penalty of law, of the absence of international criminal or police records;
• Certificate of judicial and/or criminal and/or police records of the applicant in the country;
• Proof of payment of fees, when applicable:
  Residence permit;
  Issued by the National Migration Registration Card.

This list of documents is for applicants of legal age. There are some document variations for underage applications. In addition, it also has another list of documentation to change the period of residence from temporary – the maximum being 2 years – to undetermined. Remember that: all documents in a foreign language must go through the apostille, according to the Hague Convention.

Those individuals who are abroad must apply at the Consulate presenting the same list of documents. However, when they arrive in Brazil, they must present themselves, within 90 days of entering the country, at a Federal Police unit to carry out their registration.