Migratory Year: how does it affect your trip or move to Brazil?

The Migratory Year can be a determining factor when foreigners travel or move to Brazil. This issue is related to the bureaucratic procedures required by Brazilian immigration agencies.

You must understand that the period of 12 months counting from the date of the foreign visitor’s first entry into the national territory directly influences the period of stay in Brazil and decision-making in relation to immigration regularization.

Brazilian law does not allow foreigners to remain in the country illegally, which can result in fines and even deportation. Therefore, check out the main information in this text!

If you are a foreigner and need legal support in Brazil, consult our specialized team by clicking here.

What is a Migratory year?

The definition of a migratory year is the period of 12 months counting from the date of the foreign visitor’s first entry into the national territory, as regulated by an act of the Federal Police.

Why is it important for me to understand the Migratory year?

You must understand the migration year, as it directly affects the period of stay of any foreigner in Brazil. For example, what is the deadline for you to be allowed to stay in the country. In this way, the definition of a migration year influences any decision-making, since irregular stay in the country is not permitted by Brazilian Law.

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What happens if I overstay my Migratory year?

Initially, if you exceed the migration year deadline, you will have to pay a fine to the Brazilian Government. A minimum amount of R$100.00 is charged for each day of irregular stay in Brazil, reaching a maximum limit of R$10,000.00. There is also a risk of deportation if the foreigner does not leave the country or does not regularize their immigration status in Brazil.

How many days can I stay in Brazil with a visit visa per Migratory year?

During the term of the tourist visa, the main visit visa, foreigners can stay up to 90 days in the country. However, this period can be extended by the Federal Police, according to its own criteria, for up to another 90 days. However, the maximum period of stay in the country cannot exceed 180 days per migration year. Furthermore, this visa is valid for 1 year.

In general, visit visas will follow similar rules. However, if you are applying for another visit visa, such as a visa for artistic or sporting activities, it may only be granted for the period you need to carry out the activity. If you need more time, consult a specialist.

How long can I stay in Brazil per Migratory year on other visas?

It depends on the type of visa, after all, there are different types of visas depending on the purpose of your trip, and each of them has a different deadline.

In the case of a temporary visa, you can generally stay for up to 2 years. The real estate visa can allow a stay of up to 4 years.

On the other hand, the New Migration Law provides that Diplomacy, Official, and Courtesy visas can be extended or waived.

Are there any tax precautions I should take related to the migration year?

Yes. Especially related to tax residence. From the moment a person enters Brazil, if they stay here for 184 days, consecutive or not, within a period of 12 months, they become a tax resident. As a result, you will also owe taxes in Brazil.

In summary

The migratory year is a period of 12 months, counting from the first entry of a foreigner into Brazilian territory. It is important to understand the concept, as it directly affects the stay of any foreigner in Brazil.

Exceeding the migration year deadline can result in fines and even deportation. Visitors with a tourist visa have a maximum period of stay in Brazil of 180 days each migratory year, and can extend the visa for up to a further 90 days. For other types of visa, the length of stay in the country varies, depending on the type of visa obtained.

It’s significant to pay attention to the rules of tax residence in Brazil, since after 184 days of stay in the country, the foreigner becomes considered a tax resident and must pay taxes in Brazil. The New Migration Law provides for some changes in the procedures for obtaining and extending visas, especially for Diplomacy, Official, and Courtesy visas.