When does an immigrant have the right to remain in Brazil?

When does an immigrant has the right to remain in Brazil? A foreigner wishing to live in or visit Brazil has a multitude of visa options available to stay in Brazil. Therefore, it’s important to understand the options to understand which one best suits your situation.

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International Interest in Brazil

Brazil’s international prominence has resulted in growing interest among foreigners in the country. Whether for visits, out of an interest in learning more about the country’s natural beauty and culture, or for those seeking to expand their businesses or work in Brazil. Government data shows that in 2018, more than 6 million foreigners chose Brazil for their vacations, and this number will likely increase with visa exemptions for some countries.

Furthermore, it is common to find foreigners also wanting to live in the country and seeking new job opportunities. Many Latin American neighbors are seeking a new life in Brazil, whether as immigrants or refugees. There are also those who prefer to retire in a tropical country, and it’s not uncommon to find Scandinavians in the north and northeast of the country.

Regardless of the form — temporary or permanent — there are always questions about the visa processes and types. Therefore, this post aims to clarify the question: when does an immigrant have the right to remain in Brazil?

Visas for Immigrants in Brazil

According to Migration Law No. 13,445/2017, which establishes immigration and migration rules, immigrants have the right to remain in Brazil when they hold a valid visa in accordance with the law. Brazil is a very welcoming country and allows for several ways to obtain a visa.

Visas are granted by Embassies or Consulates abroad, and in some (exceptional) cases, they can be granted in Brazil. Thus, the law provides for: visit, temporary, diplomatic, official, and courtesy visas.

Visit, diplomatic, official, and courtesy visas are intended for foreigners who wish to enter Brazil for a short period of time and without the intention of establishing residence, whether for tourism, business, diplomatic mission, or other purposes.

Temporary visas are granted to immigrants who come to Brazil to establish residence for a fixed period.

When does an immigrant have the right to remain in Brazil with a temporary visa and residence permit for immigrants?

Therefore, an immigrant has the right to remain in Brazil if they hold a temporary visa linked to a residence permit or fall under another status, such as refugee status.

A residence permit may be granted to immigrants who meet the following criteria:

• Research, teaching, or academic extension;
• Health treatment;
• Humanitarian shelter;
• Study;
• Work;
• Work-Vacation;
• Practice of religious activity or volunteer service;
• Investment or activity with economic, social, scientific, technological, or cultural relevance;
• Family reunion;
• The immigrant is a beneficiary of a residence and free movement treaty;
• The holder of a job offer;
• The immigrant previously held Brazilian nationality and does not wish to or does not meet the requirements to reacquire it;
• Be a beneficiary of refugee status, asylum, or stateless status;
• Be a minor who is a national of another country or stateless, unaccompanied, or abandoned, who is within Brazilian borders or within national territory;
• Be a victim of human trafficking, slave labor, or a violation of rights aggravated by their immigration status;
• Be on provisional release or serving a sentence in Brazil.

Each type of visa has its own application procedure and unique documentation. Therefore, it is extremely important to review the entire process before applying. Furthermore, the timeframes also vary depending on the residence permit, ranging from one year to indefinite.

And, even after the law’s ratification, the Brazilian Government continues to create new ways to facilitate the legalization of immigrants in Brazil. In other words, the immigrant has the right to remain in Brazil.

For example, in 2018 and 2019, two new Normative Resolutions were ratified, which allow the granting of a residence permit as a result of real estate investment in Brazil and a residence permit based on retirement and/or survivor’s pension benefits.

The Rights of an Immigrant in Brazil

Immigrants who hold a residence permit in Brazil have the same rights as Brazilian citizens. The Migration Law clearly states the inclusion of these individuals in Brazilian society.

Therefore, all immigrants have access to public health and education services, labor law, private pensions, and everything else. The only thing immigrants don’t have is the right to vote or run for political office.

Questions?

Any questions about the visa process can be answered by one of our consultants.

If you would like legal assistance from our team, please send us a message on WhatsApp.