Migration, Visas and Residence of Foreigners to Brazil /
How to obtain Brazilian naturalization: all you need to know
See, in this text, how to obtain Brazilian naturalization, the documentation for Brazilian citizenship requirements, and how long it takes to naturalize!
If you are a foreigner in Brazil, know that it’s possible to obtain Brazilian citizenship (known as naturalization). However, it’s necessary to understand which requirements to fulfill and which documentation is necessary.
In this text, I explain the main points. But if you want to speak with our team of experts to become a brazilian citizen, click here and send your case to us.
What is Brazilian naturalization?
Brazilian naturalization is a voluntary desire to acquire Brazilian nationality, meaning that the foreigner makes a choice to adopt a new nationality.
In other words, naturalization is an acquisition of secondary nationality.
Therefore, Brazilian naturalization is a decision made by the foreigner themselves who are interested in becoming Brazilian.
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Who is eligible, and what are the requirements for Brazilian naturalization?
Foreigners who are eligible for ordinary Brazilian naturalization are:
- Those who have been living in Brazil under indefinite residence authorization (or permit) for 4 years;
- Or, under the same condition, for 1 year if they are married to a Brazilian or have a Brazilian child;
- Also, those with indefinite residence authorization, if they are originally from a country with Portuguese as an official language and have lived continuously in Brazil for 1 year;
- Those who have been living in Brazil for 15 years, including cases of individuals from MERCOSUR or neighboring countries who entered without a visa;
- Or those who meet the requirements for other forms of naturalization: extraordinary, provisional, and special. You will understand more about them below.
Therefore, depending on your case, the rules may vary.
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How does Brazilian naturalization work for foreigners?
The naturalization process for foreigners works through several steps:
- Completing the requirements for the desired Brazilian naturalization;
- Applying for Brazilian naturalization to the Federal Police, and then to the Public Prosecutor’s Office;
- After the application is made, the Federal Police sends the request to the Immigration Department, and it’s decided whether the naturalization will be accepted or not;
- Then, the Brazilian naturalization process will be officially published in the Official Gazette of the Union (DOU).
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Later on, I will explain how long the Brazilian naturalization process takes and what documentation is required.
List of documentation to obtain Brazilian naturalization
The list of documentation for Brazilian naturalization depends on the type of naturalization you are requesting from the Brazilian government. However, for the ordinary mode, which is the most common, the required documents include:
- Completed and signed form to the Coordination of Migration Processes of the General Coordination of Migration Policy of the Department of Migrations of the National Secretariat of Justice;
- Copy of the National Migration Registry Card;
- Proof of tax registration status (CPF);
- Criminal record certificate issued by the Federal and State Courts of the places where you have resided in the last four years;
- Utility bills (water, energy, or telephone);
- Criminal record certificate or equivalent document issued by the country of origin, legalized and translated;
- Proof of rehabilitation, if applicable to the foreigner;
- Proof of residence;
- Certificates of completion of courses;
- Diplomas;
- School transcripts;
- Medical examinations;
- Social Security statements;
- Health insurance statements; or
- Other documents that prove continuous and uninterrupted residence in the country;
- Copy of the international travel document, even if expired, in accordance with Mercosur rules;
- Updated marriage certificate;
- Documents proving a stable union;
- Birth certificate of the Brazilian child;
- Document indicating the ability to communicate in the Portuguese language;
- Proficiency in the Portuguese language for foreigners
- And others.
However, to know how to naturalize as a Brazilian citizen in other modes, please refer to the rules specific to each mode or consult an immigration lawyer you trust.
Who is prohibited from naturalizing in Brazil?
Foreigners are prohibited from obtaining naturalization if they do not meet all the requirements that Brazil demands. For example, if they have committed a crime and have not been rehabilitated under the law.
How long does the Brazilian naturalization process take?
The duration of the Brazilian naturalization process can vary depending on various factors, such as the complexity of the case, the workload of the immigration authorities, and the completeness of the documentation provided. Generally, the process can take several months to a year or more.
It’s important to note that the naturalization process in Brazil requires thorough review and evaluation by the relevant authorities, which can contribute to the overall processing time.
It’s advisable to consult with an immigration lawyer or expert to better understand the specific timeline and requirements for your naturalization process.
Can I become a Brazilian citizen without losing my citizenship of origin?
In some cases, it’s possible to naturalize in Brazil without losing the citizenship of your country of origin. However, this depends on the laws of your country of birth and whether they allow for dual citizenship.
It’s critical to consult with legal experts or authorities in both Brazil and your country of origin to understand the specific regulations and requirements regarding dual citizenship.
They will be able to provide accurate information and guidance based on your individual circumstances.
Can I receive Brazilian naturalization through marriage?
You can receive Brazilian naturalization through marriage, provided that you meet the requirements that Brazil demands in ordinary naturalization.
Therefore, only marriage between a Brazilian citizen and a foreigner is not enough to secure naturalization. You must ensure that all requirements are being met.
However, being married to a Brazilian can reduce the time it takes to apply for ordinary Brazilian naturalization. Therefore, you should:
- Obtain your visa to enter Brazil (if the country requires it);
- Wait for the necessary period (which may be immediate) to apply for residence authorization;
- If not received in the first request, apply for permanent residence authorization within the deadline;
- Live for 1 year in Brazil, married to a Brazilian;
- Apply for ordinary naturalization.
How long does Brazilian naturalization take after starting the process?
The deadline for Brazilian naturalization after starting the process is 180 days, according to decree 9199/2017. It states that:
“Article 228. The naturalization procedure shall be completed within a period of one hundred and eighty days, counted from the date of receipt of the application. § 1. In the case of special naturalization, the counting of the deadline shall begin from the receipt of the application by the Ministry of Justice and Public Security. § 2. If diligences are necessary for the naturalization procedure, the deadline provided for in the caput may be extended by means of an act of the Minister of State for Justice and Public Security that justifies the extension.”
What are the types of Brazilian naturalization?
The types of Brazilian naturalization are, according to article 64 of Law 13445/17:
- ordinary;
- extraordinary;
- special;
- provisional.
How to obtain Brazilian naturalization: Ordinary Brazilian Naturalization
Ordinary Brazilian naturalization is the most common type of naturalization in Brazil. These are the requirements for becoming a Brazilian citizen:
- Be legally capable, according to Brazilian law;
- Have resided in Brazil for a minimum of 4 years;
- Be able to communicate in Portuguese, considering the naturalizing person’s conditions; and
- Have no criminal convictions or have been rehabilitated, according to the law.
Foreigners can obtain a reduction in the permanent residency period before applying for ordinary Brazilian naturalization if:
- They have a Brazilian-born or a Brazilian citizen child, excluding provisional naturalization; or
- They have a Brazilian spouse or partner and are not legally or factually separated at the time of naturalization;
- They come from a country with Portuguese as an official language and have lived in Brazil for 1 uninterrupted year (with indefinite authorization);
- They have provided or can provide relevant service to the country; or
- They are recommended for their professional, scientific, or artistic ability.
Foreigners from Portuguese-speaking countries can also have their application facilitated if they have:
- Resided in the country for one uninterrupted year; and
- Good moral character.
How to obtain Brazilian naturalization: Extraordinary Naturalization
Extraordinary naturalization can be granted to foreigners who have been living in Brazil for more than 15 consecutive years. However, it’s also important not to have any criminal convictions.
How to obtain Brazilian naturalization: Special Naturalization
Foreigners can obtain special naturalization if:
- they have been the spouse or partner, for more than 5 years, of a member of the Brazilian Foreign Service or a person serving the Brazilian state abroad;
- or they have been or have been employed in a diplomatic mission or consular office of Brazil for more than 10 uninterrupted years.
How to obtain Brazilian naturalization: Provisional Naturalization
A foreign child or adolescent can obtain provisional naturalization if they have residency in Brazil before turning 10 years old.
However, since the foreigner in this case is not 18 years old (legal age), they will need their naturalization to be carried out by a legal representative.
Additionally, those who have provisional naturalization can request its conversion to permanent naturalization within 2 years after reaching legal age (18 years old).
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What does the Federal Constitution say about Brazilian naturalization?
The Constitution Federal establishes, in general, equality between Brazilian native-born citizens and naturalized citizens, according to article 12. However, it provides for some exceptions, such as in the cases of the President of the Republic, diplomatic careers, and the armed forces, whose positions must be filled by native-born Brazilians.
What is the current law that governs naturalization in Brazil?
In other words, there are laws, decrees, and regulations that govern naturalization. The main ones are:
How to apply for and submit a request for Brazilian naturalization?
To apply for and make a request for Brazilian naturalization, you need to submit your application through the Naturalizar-se System. After that, an interview will be scheduled at the Federal Police.
Once the interview is approved, the case is forwarded to the Immigration Department of the Ministry of Justice and Public Security for a decision.
Additionally, it is necessary to check if the naturalization has been granted through the Official Gazette of the Union.
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How to forward the Brazilian naturalization procedure to the Federal Police?
In order to submit the naturalization request to the Federal Police, the interested foreigner must apply through the Naturalizar-se System, filling out the form and attaching the necessary documents for each type of naturalization chosen.
Then, after confirming and approving the documents, the foreigner must schedule an appointment to be seen in person at the nearest Federal Police.
How can the lawyer help with my request?
A lawyer can help with your request, as the process can be laborious, complex and even confusing, especially due to the documentation required for Brazilian naturalization. Furthermore, it can clarify how to naturalize as a Brazilian, the steps and requirements, as well as the best strategy in your case.
As the requirements for Brazilian naturalization are numerous, in addition to requiring the presence of several government bodies in the process, such as the Ministry of Justice and the Federal Police, a qualified lawyer can make a difference in facilitating all stages, as the process progresses.
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Carolina Correa
Advogada (OAB/RS 127.271), é bacharel em Relações Internacionais e pós-graduanda em Direito Previdenciário. Atualmente, trabalha na Koetz Advocacia, sendo responsável pelo atendimento e avaliação dos novos casos de estrangeiros que desejam vi...
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