Immigration Law and Naturalization

FOREIGN INVESTOR – INDIVIDUAL - NR 84/09

(Regulates the concession of a work permit to an individual foreign investor who ha the objective of being granted a permanent visa)

Type of visa: Permanent
Validity of visa: Permanent visa is valid forever but after 03 years is necessary proove the investment plan to renew the Identification card.
Objective: To allow a foreign citizen to settle down in Brazil in order to invest his/her own resources originating from a foreign source (minimum of R$ 150.000 ) in productive activities. If the investment is inferior to R$ 150.000 but is accompanied by an investment project with the objective of creating at least ten new jobs, a request for a visa can be made to the National Immigration Council which may, in certain exceptions, grant the concession of the visa (NR. 84/09).
Type of permit: Individual.
Applicant: Legal entity in Brazil (the firm that is receiving the investment).

ADMINISTRATOR, MANAGER, DIRECTOR OR EXECUTIVE WITH THE POWER OF MANAGEMENT - NR 62/04

(Regulates the concession of a work permit and permanent residence to a foreign Administrator,
Manager, Director or Executive with the power to manage a Civil or Commercial Association, Group or economic Conglomerate) .
Type of visa: Permanent
Validity of visa: Same as the period of work in the specific position (mandate)
Objective: To allow firms that are established in Brazil the opportunity to employ foreign citizens with power of management provided they invest a minimum of USD 200.000 for each nominated foreign citizen (art.3, point II of NR. 62/04) or USD 50.000 and the creation of ten new jobs during the following two years, for each employed foreign citizen - (art.3, point I of NR. 62/04).
Type of permit: Individual
Applicant: The legal entity established in Brazil.

FOREIGN CITIZEN WITH AN EMPLOYMENT CONTRACT – NR 80/08

(Regulates the provisions for the concession or a work permit to foreigners that enter Brazil with a temporary visa foreseen in art. 13, point V, of Law nr.6.815, August 19, 1980).
Type of visa: Temporary.
Validity of visa: Up to two years, extendable.
Objective: To exercise remunerated employment activities at a legal entity established in Brazil.
Type of permit: Individual.
Applicant: Legal entity established in Brazil.

FOREIGN ARTIST(S) OR SPORTS PERSON(S) – NR 69/06

(Regulates the concession of work permits to foreign citizens that enter Brazil, without an employment contract, as artists or sports persons)
Type of visa: Temporary.
Validity of visa: Up to ninety days, extendable.
Objective: To allow artists or sports persons to enter Brazil in order to participate in specific and determined events provided they do not have any employment link to any individual or legal entity located in Brazil. The concessions also include the entertainment technicians and other professionals that participate as assistants to the activities of the artist(s) or sports person(s) (art. 1, sole paragraph, of NR. 69/06). The concessions do not apply to foreign artists or sports persons that enter Brazil with an employment contract (art. 4 of NR. 69/06), which fall under NR. 64/05. They do not either apply to participants in sports competitions and artistic contest that do not receive any remuneration or "cachet" paid by a Brazilian source, even if they may receive prizes, including cash. Cases that fall under this category can request a tourist visa directly to the Brazilian consular representation abroad (art. 5 of NR. 69/06).
Type of permit: Individual or collective.
Applicant: Legal entity established in Brazil.

FOREIGNER WITH BRAZILIAN CHILDREN

This situation is covered by a resolution of the National Immigration Council. A permanent visa is traditionally granted to the foreign parent or parents of a Brazilian child. The children should be economically dependent on the foreign mother or father and under the guardianship of the applicant.
Type of visa: Permanent
Validity of visa: Permanent
Objective: To allow the applicant living in Brazil with the Brazilian child
Type of permit: Individual
Applicant: Foreigner living in Brazil

FOREIGNER MARRIED WITH A BRAZILIAN CITIZEN

A permanent residence visa is granted to a foreigner married with a Brazilian citizen.
Type of visa: Permanent
Validity of visa: Permanent
Objective: To allow the applicant living in Brazil with the Brazilian husband/wife
Type of permit: Individual
Applicant: Foreigner living in Brazil

FOREIGNER LIVING IN A COMMON LAW MARRIED
WITH A BRAZILIAN CITIZEN

A permanent residence visa is granted to a foreigner living in a Common law marriage with a Brazilian citizen.
Type of visa: Permanent
Validity of visa: Permanent
Objective: To allow the applicant living in Brazil with the Brazilian partner
Type of permit: Individual
Applicant: Foreigner living in Brazil

FOREIGN PROFESSOR, RESEARCHER OR SCIENTIST– NR 01/97

(Regulates the concession of a visa to a high level foreign scientist, professor or researcher)
Types of visa: Permanent * (if the activity is exercised during a period over two years) or, Temporary **, (if the exercised activity is up to two years).
(*) Set period: Contract or agreement period set with the Institution in Brazil.
(**) Visa validity: Up to two years, extendable.
Objective: To exercise educational and/or research activities at a legal, public, private, educational or scientific/technological research institution.
Type of permit: Individual.
Applicant: The public or private educational and/or scientific/technological research institution.

FAMILY GATHERING

Pccording to the principle of international family reunion, the Brazilian Law allows that a foreigner be granted a visa based on his family ties in Brazil, be it through a son, siblings, parents or grand-parents.

HOMOSSEXUAL PARTNER

The Brazilian legislation authorizes the permanent visa grant to the foreign homossexual partner who present steady bonds with a brazilian citizen.
This kind of visa is an inovation in the imigration legislation, since it allows the union of a couple independent of sexual orientation.

BRAZILIAN NATIONALITY – Applying to live as a Brazilian.

The Foreigner with permanent visa and that requires the naturalization must have residence of 4 years in Brazil. It says despite this stated period will reduce in some cases:

(01) one year: when has son or Brazilian spouse;

(01) one year:to have given or to be able to give excellent services to Brazil, the judgment of the Minister of Justice;

(02) two years: to send regards for its professional, scientific or artistic capacity;

(03) three years: to be proprietor, in Brazil, of real state, whose value is equal, at least, the a thousand times the Biggest Value of Reference(R$350.000,00 or aproximately U$200.000 or to be industrial who makes use of deep of equal value; or to possess quota or integrated actions of sum, at least, identical, in commercial or civil society, destined, main and permanently, to the exploration of industrial or agricultural activity.
P.S. After order naturalization It's possible applying Brazilian passport.