Citizenship of Brazil

To obtain Brazilian citizenship means to become a full-fledged Brazilian. A foreigner receives all the rights and obligations of citizens of the country - identity card, voter rights, social and medical security. Relocants immigrating to Brazil have several paths to "citizen" status, but each application is evaluated individually by the Ministry of Justice.

A foreign national has the right to apply for citizenship under the "Citizenship Law". The main way to become a citizen is naturalisation, i.e. obtaining citizenship of another country. However, there are other ways to obtain the relevant status. The applicant must have resided in Brazil legally for at least 4 years (from 1 year in exceptional cases). Therefore, understanding the eligibility criteria becomes the first step to apply.

Important

The citizenship of Brazil can only be granted to foreigners who have a permanent residence permit and have lived in the country for an appropriate period of time.

Ways to Obtain Citizenship

Any foreigner who meets the legal requirements can apply for Brazilian citizenship. According to Article 64 of Law No. 13445/17 ("Migration Law"), there are the following types of naturalization in Brazil.

Regular naturalization

The most common type of obtaining citizenship. The applicant must have legally resided in the country for 4 years or 1 year if they have a spouse or child with Brazilian citizenship. The application is submitted to the Federal Police, which checks the documents and conducts an interview. The dossier is then sent to the Ministry of Justice, which issues the final verdict.

Simplified naturalization

Allows the required period of residence in the country to be reduced to 2 years. It is suitable for foreigners who have made significant contributions to the country or who have made notable achievements in the scientific or technical fields. Even stateless individuals can use this program. The applicant must not have any legal issues. The application submission and review process is similar to regular naturalization.

Temporary naturalization

It is granted to foreigners under 18 years of age who have settled in Brazil before reaching the age of 10. There is no minimum residency period required to apply for temporary naturalization, provided that the foreigner has the right to permanent residence. After 2 years of reaching the age of majority, it can be converted into citizenship.

Citizenship of Brazil by "Right of Soil" and "Right of Blood"

The Brazilian Citizenship Law recognizes the principles of Jus Solis and Jus Sanguinis.

• Jus Solis – the right of soil, grants citizenship to an individual born on the territory of the state.
• Jus Sanguinis – the right of blood, grants citizenship to an individual if at least one of the parents is Brazilian.  
  

Citizenship by marriage

Marriage to a Brazilian citizen does not guarantee that a foreigner will obtain the corresponding status. However, it does allow for a reduction in the minimum residency period in the country. By providing proof of the actual marriage, one can apply for citizenship not after 4 years, but after just 1 year.

Advantages of Brazilian Citizenship

One of the main benefits of Brazilian citizenship is the international mobility provided by the Brazilian passport. Ranking 12th in the passport strength index, it allows the holder to visit 110 countries without a visa and obtain a visa on arrival in another 48 countries. This makes Brazilian citizenship one of the "strongest" in the world. Additionally, the following advantages can be highlighted:

• The ability to include family members in the application.
• Travel throughout South America without obtaining a visa.
  
• Employment opportunities, including positions in the public sector.
  
• Access to a developed system of education, healthcare, and social security.
  
• Additional benefits for business operations.
  
• Access to loans in Brazilian banks at preferential rates.
  
• Attractive tax rates with an income tax rate starting at 0%.
  
• Retention of original citizenship.
  

Dual Citizenship

Brazil is one of the countries that allows dual citizenship. Since June 9, 1994, dual citizenship in Brazil has been permitted without any restrictions. If the country of the immigrant's current citizenship does not require renunciation upon obtaining a second citizenship, the Federal Constitution of Brazil allows issuing a Brazilian passport to the applicant.

When applying for a Brazilian passport, it is important to consider the scenarios in which dual citizenship is allowed in Brazil:

• The foreigner must be a citizen of another country by birthright, not by naturalization.
• Foreign legislation explicitly prohibits renunciation of the original citizenship.
  

The process of obtaining dual citizenship depends on the situation of the relocant and the laws of their home country.

If the applicant was born in Brazil in the family of foreigners, the procedure is relatively simple. It will take more time for individuals applying for naturalization. In this case, a minimum residency period is required, and a more thorough background check of the applicant is conducted.

Citizenship by Investment Program

Although Brazil does not have a citizenship by investment program, foreign investors who meet the criteria can apply for permanent residency. The first step in the process is obtaining a permanent investment visa, which allows a foreign citizen to live and work freely in Brazil.

The investor visa grants the same rights and obligations as to Brazilian citizens, except for political rights and the ability to vote.

To obtain a permanent investor visa (VIPER), a foreign national must provide evidence of financial resources and an intention to make direct investments in Brazil’s economy. The program specifies minimum investment amounts and conditions as follows:

• 500,000 reais ($90,000) for individual investors.
• 600,000 reais ($110,000) for investments through a Brazilian legal entity.
  
• 150,000 reais ($27,000) for investments in the technology and research sector.
  
• Employment of at least 10 Brazilian citizens.
  

The investor visa program allows investing in securities, real estate or business development.

The investor retains the residence permit for 3 years. Thereafter, it is subject to review. Renewal is allowed if the foreigner came to the country at least once during the first 2 years and retains the investment for the entire period of validity of the visa.

After 4 years of holding a permanent resident visa, a foreign investor can apply for citizenship. An important condition is continuous residence in Brazil for this period. Standard naturalization requirements will also be applied.

In addition to providing evidence of financial capability and intention to invest money into the economy, a foreign investor must meet several requirements:

• Provide foreign documents only in notarized form.
• Have all foreign documents translated by a sworn Brazilian translator.
  
• Provide a reliable business/investment plan.
  
• Obtain authorization from the Ministry of Labor and Employment.
  
• Complete the declarative registration of foreign direct investments with the Central Bank of Brazil.
  
• Provide proof of payment of the individual immigration tax.
  

At the same time with the foreign investor, the applicant's family receives a permanent investment visa. It is necessary to visit Brazil at least once every 2 years to maintain the provided status. Brazilian authorities will periodically conduct checks to ensure the maintenance of investments, which will be the basis for extending the granted permits.

Recent Reforms in the Citizenship Program

Immigration has always been significant for Brazil and remains a key factor in its development. Based on this priority, a new Migration Law No. 13,445 and Decree No. 9,199 were enacted on November 21, 2017, establishing new rules aimed at simplifying and accelerating the process for foreign nationals arriving in Brazil. New procedures were introduced to speed up and facilitate the issuance of various work visas, as well as to provide immediate residency status for family reunification and under the MERCOSUR agreement. Additionally, the new legislation introduced a category of visitor visas that can be issued electronically to citizens of certain countries.

While other countries strive to limit the flow of migrants, Brazil actually encourages the arrival of foreigners for study and work. The 2017 migration law upholds the humanitarian rights of foreigners, allowing them to enter the country and apply for residency while already in Brazil.

Step-by-step application process

Naturalization allows a foreigner to become a full citizen of Brazil. The procedure can be initiated by adult foreign citizens after permanent residence in the country for at least 1 year (if certain requirements are met), no criminal record and sufficient knowledge of the Portuguese language.

The process involves preparing and submitting documents for verification by the Federal Police, which thoroughly analyzes the applicant’s identity and may request additional information. In general, to obtain Brazilian citizenship, you need to follow these steps:

• Reside in Brazil for the required period.
• Apply for naturalization through the Ministry of Justice on their official website.
  
• Wait for a preliminary decision.
  
• After preliminary approval, schedule a personal visit to the nearest Federal Police station.
  
• Provide originals of all documents.
  
• Submit fingerprints.
  
• Wait for the final decision and the Naturalization Decree.
  
• Take the oath.
  
• Request local documents.
  

Important

Each method of naturalization in Brazil has its own specifics. It is essential to carefully study the conditions for granting citizenship or consult with an immigration lawyer.

Document-Gathering Process and Application Filling

If all the residency and citizenship requirements are met, you can submit your application through the official Brazilian government portal, Naturalizar-se. An alternative option is to hire a local lawyer.

After submitting the application through the online portal, you need to schedule an interview at the nearest Federal Police Department. After completing the procedure and receiving approval, the file is forwarded to the Immigration Department of the Brazilian Ministry of Justice for a final decision.

List of documents

The final list of documents required for naturalization in Brazil depends on the chosen program. The most common type of naturalization involves preparing the following set of documents:

• Valid passport.
• Completed application form.
  
• Copy of migration registration card.
  
• Documents proving taxpayer status.
  
• Certificate of no criminal record.
  
• Documents confirming continuous residence in the country.
  
• Proof of permanent residence.
  
• Educational documents.
  
• Certificate of Portuguese language proficiency.
  
• Medical examination results.
  
• Valid health insurance.
  
• Marriage certificate.
  
• Documents for children (if applicable).
  

Each possible method of naturalization may include additional requirements for the dossier. Additionally, government authorities may request further documents at their discretion.

When a foreigner becomes a Brazilian citizen, their spouse and children must collect a similar set of documents and complete all the necessary approval steps to obtain citizenship.

Review and Decision

The duration of naturalization and obtaining citizenship may vary in each individual case. The processing speed of a submitted application can be influenced by various factors, such as the workload of the immigration department, the correctness and completeness of the submitted dossier, the complexity of the case, the applicant's individual circumstances, etc.

According to Decree No. 9.199/2017, the maximum period for granting citizenship is 180 days. However, in practice, the process takes from a few months to a year or more.

You can track the status of your application on the Naturalizar-se portal or through a personal visit to the Brazilian Ministry of Justice. If a denial is received, you can appeal the decision within 10 days from the date of official publication.

It is important to note that the decision to grant citizenship will be annulled if the certificate from the Ministry of Justice is not received within 12 months from the date of publication of the decision.

Disadvantages of Brazilian Citizenship by Investment

Even in the absence of a direct "Golden Visa" program, foreign investors can initiate the process of obtaining citizenship. However, it's important to note that the permanent investment visa provided does not equate to full citizenship. There are several restrictions, such as the inability to participate in the country's political life.

The requirements for an investor to stay in Brazil are not the most strictest, but the authorities' close attention is aimed at preserving investments.

During periods of uncertainty and obligations in other countries, this situation can create tension. The need to withdraw capital will result in losing residency status and the prospects for obtaining citizenship.

Given the reasonable requirements for minimum investments, the Brazilian investor visa is attractive. However, there are other countries where the prospects for obtaining citizenship are more promising, as they grant citizenship immediately upon providing proof of investment in the local economy.