How to Stay in Brazil as a US Citizen

161POSTS

3 years ago

Hello,

I have several questions on this topic that I would appreciate the help. I am a US citizen and just retired at age 50 as a law enforcement officer. I would like to be able to stay in Brazil for an extended amount of time, maybe as a permanent resident. I saw Brazil did away with the old retirement visa and now have a VITEM XIV which is only good for a year. If I am wrong on this, please correct me. A few questions:

I was in Brazil recently for 3 weeks on my US passport. My understanding is there is an initial 90 days granted on the US passport, with a possible extension of up to 90 days. And I cannot stay in Brazil on just a US passport for longer than 180 days a year. So can I leave and return to Brazil as many times as I want during the 90 days or once I leave, do I forfeit the remaining days? Or does the clock stop when I leave and begin again once I return? When doing research I saw the term "continuous days". Not sure what that means. Where do I go to get a 90 day extension? I'm planning to be in Brasilia for the month of July.

Can I apply for the VITEM XIV visa and/or permanent residency while in Brazil? If so, where? Is there a difference between VITEM and permanent residency? Is it better to apply in Brazil or at the Consulate in the US? I saw everything is remote and by mail in the San Francisco Consulate and it looked like they want me to mail them my passport, so if the process takes a long time, I might miss my next trip to Brazil while they hang on to my passport. Any idea how long it takes to get a visa in the US approximately? Is it good to hire a visa agency to handle everything and supposedly expedite the process? If so, any recommended visa agencies? I also saw something about the 90 days stops if you apply for a visa and/or residency? If so, how does that work?

I really appreciate the help. It's pretty confusing as the SF consulate doesn't answer phone calls or emails.

See also

Work permits for Brazil - Guide
us citizen overstayed tourist visa while in Brazil - 12 Replies
Another Postponement of Brazil Requiring Visas for US Citizens! - 19 Replies
Visa for US citizens - 4 Replies
Staying in Brazil on a tourist visa - 15 Replies
Working for a US company as a US citizen in Brazil - 4 Replies
Brazil Work Permit/Visa for UK citizens - 2 Replies

abthree Brazil Expert

6439POSTS

3 years ago

05/24/22 Retiring in Brazil

Hi, jasonlovesdogs. Welcome!

To respond to your questions,

1. You are correct about spending time in Brazil on a Visitor Visa/Visa Waiver. You can stay for up to 90 days, and extend for up to another 90 days, for a maximum of 180 days in each 12 month period. Your day of arrival and your day of departure each count as a full day, but you don't lose days if you stay for fewer than 90 days at a time: you still have the days that you didn't use available to you. To determine how many days you have left, look at the 12 months preceding your next planned arrival, count the days that you spent in Brazil during those 12 months, and subtract that number from 180. The result is the number of days that you have left.

For example, let's say that you arrived in Brazil for the first time on April 1, 2022, and returned to the US on April 30. You want to come back on July 1, 2022. During the measurement period for your next trip, which runs from July 1, 2021 to July 1, 2022, the only time you spent in Brazil was that April 2022 trip of 30 days, so your available days are 180-30 = 150, for a maximum of 90 days plus a 60 day extension.

2. If you need to do some preliminary reconnaissance in Brazil with returns to the US, you should probably continue to use a Visitor Visa/Visa Waiver. When you're ready to move to Brazil, you should apply for a VITEM XIV visa, which puts you on a path to permanence. It is technically a temporary visa, but the plan seems to be to allow retirees to renew their residency indefinitely, at first for two year periods. Once you arrive in Brazil on your VITEM XIV, you go to the Federal Police to request your Authorization for Residency and your resident ID card, the CRNM. You can move freely into and out of Brazil on your VITEM XIV once you have your CRNM, but you should make your arrangements so that you'll be able to stay in Brazil for the time it takes to complete your application and receive the CRNM, which will probably be a month or so, if all of your documents are in order.

The Consulate needs your passport because they have to paste the visa into it. If your document package is complete, you should have it back in a couple of weeks.

3. I recommend that you read through this thread. You should find a lot of helpful background information there:

https://www.expat.com/forum/viewtopic.php?id=882084

It's a big move, so please don't hesitate to post any further questions.

1 member reacted to this post

rraypo Serial expat

776POSTS

3 years ago

First, where do you live? You will have to use the US Consulate in charge of that particular area. Next, the SF Consulate was great with me and had my US passport back to me in a week for my VITEM XI. I have never heard of anyone having a renewal problem with a retirement visa. Their concern is that actually want to live in Brazil. Next up, what Abthree said is all correct, and helpful, as usual.

1 member reacted to this post

jasonlovesdogs Contributor

161POSTS

3 years ago

Thanks for the quick response guys. Excellent information and I read through the suggested posted thread. I'm in Fresno so SF consulate is my jurisdiction. I have a plane ticket to go back to Brazil in exactly a month. Not sure if I could get the Retirement visa that fast. And not wanting to risk missing a flight if they are slow on mailing back the passport even though it's unlikely. Not sure if it would be worth it to hire a visa agency to do it. Im not sure how long I will be staying in Brazil on this trip but would like the option of staying a year if needed instead of limited to 6 months but not sure yet.

Do you know if it's possible to process the VITEM XIV visa while in Brazil or must it be done in the US at the consulate only?

Texanbrazil ViP

2744POSTS

3 years ago

Hi, jasonlovesdogs,

Yes, you can apply for a XIV visa in Brazil. The application is a little different, but not by much, and you keep your passport while processing.

The downside is if you are missing documentation and/or apostille you are going to need to do such via the help of a company (some offer online services and do all electronically)

As abthree outlined what is needed. (Since you are in Brazil you should have covered the proof of vaccination requirement). You do need Health insurance Coverage.

I suggest going to the PF with all the documentation you have and if the application is accepted the PF will issue you a "protocol". (this is a small piece of paper allowing you to stay in Brazil or if you need additional documents, the protocol gives you "X" number of days to return with the documentation requested by the PF. (do not lose the protocol)

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abthree Brazil Expert

6439POSTS

3 years ago

05/25/22. Obtaining any kind of Authorization for Residency in Brazil is best treated as a job, until the Federal Police actually accept the application and issue the protocolo. It requires a lot of document chasing and verification and, at the Brazilian end, officially recognized Sworn Translations. A lot of this work gets done and checked in advance during the VITEM XIV process, but it still needs to be done, visa or not.

Treating a residency application as a spur of the moment decision, especially when already in-country, is signing up for a lot of stress and frustration.

3 members reacted to this post

Inubia Serial expat

293POSTS

3 years ago

like Abthree says.

Yes, there are roads open to obtain permanent residency. But the system is going to test you severely, to make damn sure you really, really want it before they ever let you have it.

2 members reacted to this post

rraypo Serial expat

776POSTS

3 years ago

While obtaining an RNM in Brazil is a much simpler process than it is for a Brazilian to immigrate to the USA, it is still a very serious issue. You are working with the Brazilian government at different levels, any of which can reject your applications. It was fast and easy for me only because I spent hours doing my homework and learning where I could obtain credible information. The internet is also filled with old information, a bad thing because everything for us changed in 2017. So, when finding any site to search, you must find the relevant publication dates first. I've looked at the websites for all of the US Consulates and a lot of the foreign ones, no two provide the same information, and yet, they all require the same forms and documents from us. I found their required documents to be readily available and simple to complete. Yes, of course as abthree always says, make copies, especially since the Consulates want your originals, yes, they returned mine within one week.

Once I had a very good idea of the process, I tried to call the SF Consulate, but as has always been true, that was just time wasted. Then, I sent them an email and had great replies.

If you decide to hire someone to help you, I was provided with the name of a person from others in this group. He is in Sao Paulo and has been doing this for way over fifty years. He has a very nice office downtown, in a large building he owns. He has a number of employees and knows exactly what he is doing. He can provide any service any immigrant could need, including driver's license, taxes, property purchases, owning or starting businesses, etc. His work is not cheap, but he is a professional, yes, I have used him.

Again, good luck to you. I for one love it here, after traveling to more than 25 countries, and to most of those many times, Brazil fits me the best. But, I made fourteen trips to Brazil before I filed for my own RNM.

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jasonlovesdogs Contributor

161POSTS

3 years ago

Thanks for the insight everything. So from what I am hearing, it might be less of a headache to go through the Brazilian consulate in the US if possible to get the Retirement visa.

Rraypo, could you send me the contact info of the person in São Paulo that you mentioned? Does he do things remotely or would I have to be in São Paulo? Does he do retirement visas? Would I have to be in Brazil for him to work on it or could I be in the US?

Texanbrazil, could you explain the apostille vs notorized? Where could this be done? Are they just verifying the document and give back the original immediately or is it a process? And the PF keep the apostille? I have read about it but it's not clear to me. Also, I was reading about health insurance but that's not too clear to me either. Would travel insurance work or does it have to be strictly health insurance? I have VA but it only covers service conditions overseas so I assume that would not be sufficient. I was reading that the Brazilian constitution guarantees medical to everyone, including visitors. But then I was reading elsewhere it only is for Citizens and permanent residents.

Anyone have recommendations on the best healthcare to purchase and how?

Much appreciated!

Texanbrazil ViP

2744POSTS

3 years ago

#10

jasonlovesdogs,

A notary is a process of verifying and witnessing a document being signed. The notarized document will usually be used in the US. The apostille is a certificate issued by a Secretary of State that authenticates the document for use outside the US.

Normally the PF does not keep apostille documents. They make a copy and check off that box during the process of obtaining the visa.

Yes, travel insurance will work. Be sure it covers you for your length of time. Once you are issued the visa, you can sign up and use the SUS (public healthcare) or use a private healthcare provider in the region you live. (private is recommended)

No, VA and Medicare do not work, I tried it when I came along with the travel insurance. They just gave those papers back to me.

The healthcare will take care of emergencies, but you pay for it when released. They will not accept normally medical issues unless you pay upfront with cash or credit card.

While in the visa process check around with local hospitals as to having healthcare plans. (Limited to its clinics and hospital. Others can be found in Banks such as Bradesco.

I have Amil but stay away right now. They are trying to sell to a private investment group and the BR Gov is fight with Amil.

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abthree Brazil Expert

6439POSTS

3 years ago

#11

05/25/22 Apostilles and Sworn Translations

@jasonlovesdogs -- see Post #6 in this thread for sources of apostilles and Sworn Tranlations:

https://www.expat.com/forum/viewtopic.p … 33#5422346

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rraypo Serial expat

776POSTS

3 years ago

#12

Thanks for the insight everything. So from what I am hearing, it might be less of a headache to go through the Brazilian consulate in the US if possible to get the Retirement visa.

Rraypo, could you send me the contact info of the person in São Paulo that you mentioned? Does he do things remotely or would I have to be in São Paulo? Does he do retirement visas? Would I have to be in Brazil for him to work on it or could I be in the US?

Oh yes, getting your VITEM Visa in the USA through your Consulate is easier, if you are doing this all yourself.

My guy is named Mario, he can do anything, or get anything done for you, Yes, I do believe he has done anything and everything you could imagine. He also owns properties, a hotel, etc., he is not new to any of this, and this is what he does. Can he do it for you while you are in the USA? I have no doubt he can do almost all of it but sending your documents to the Consulate from Brazil, is a slow process. Last year when no one could get interview appointments wth the PF, I just called him and it was done, on the day I had wanted. Let's say, he is good. I will PM you his phone number. I do not think he speaks English, but if you use WhatsApp and Google Translate and you should be fine.

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srkinney2022 Member

1POSTS

3 years ago

#13

@rraypo

Greetings,

Just joined.....Stephano here from the US (East Coast outside NYC).

Would love to get the name of the gentlemen with the offices in Sao Paulo to assist in getting needed Brazilian documents.

Like you...I have researched/done my homework with the processes needed to get a retirement visa and a CFP # as well.

I also found a great accountant in Florida to do expat taxes and might require an accountant in Sao Paulo at a later date in time.

Still a few years away from OFFICIAL US retirement and just doing my due diligence at this point in time.

Any help appreciated!

Thanks!

Stephano

Texanbrazil ViP

2744POSTS

3 years ago

#14

Welcome, Stephano,

Since it will be a few years before retirement and an election year here in Brazil things may change. We are here to help. Following the Brazil Consulate site in NY 6 months prior to coming will be a good start.

The forum has a lot of information on the current process which may address some questions. If you have a question let us know.

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sanderson7252 New member

5POSTS

3 years ago

#15

@Texanbrazil I’m trying to get FML through the VA, is this not a route to take there? The rep told me I can submit payments and the VA will reimburse me, although through the mail, which takes quite some time.

Texanbrazil ViP

2744POSTS

3 years ago

#16

Foreign Medical Program (FMP)

For eligible Veterans living or traveling abroad, VA offers medical services through the Foreign Medical Program (FMP). Through this program, FMP will pay for health care services, medications, and durable medical equipment for service-connected conditions and conditions associated with and held to be aggravating a service-connected condition. VA may authorize foreign medical services for any condition if you are participating in the VA Vocational Rehabilitation Program (Title 38, U.S. Code, Chapter 31).

I am unsure what the VA Vocational Rehabilitation Program (Title 38, U.S. Code, Chapter 31) is. I believe if you have a medical issue pertaining to your visibility the VA may reimburse you. That may be a long wait time. That said applying for private health insurers, some may call the disability a pre-existing condition and would not care your issue for 2 or more years. (This happened in my case). Then you may need to enroll in the FMP.

Good luck and let us know what you find out,

1 member reacted to this post

sanderson7252 New member

5POSTS

3 years ago

#17

@Texanbrazil I called FMP and they said anything that is service connected will be covered, there are two options, you pay the bill and get reimbursed, and by reimbursement you set up the application by the address where you are staying and send them the invoice and the my send you a check, if you pay say 1700 Reis for a medication, FMP will send you back a check for 1700 USD. Or you can have the clinic submit the payment and they get reimbursed.

I just want to be clear, my disability and compensation from the VA is not taxed in Brazil?

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Texanbrazil ViP

2744POSTS

3 years ago

#18

I do not pay taxes on my VA checks. Now I have them directly deposited into my US account.

I only wire money into my BR Bank that I need once a month and normally under $2K.

It is a tricky situation since Brazil and the USA does not have a tax treaty, Brazil gives you a 6-month grace period. You may want to seek a tax professional during that time. Everyones situation is different,

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abthree Brazil Expert

6439POSTS

3 years ago

#19

05/28/22 @sanderson7252 -- VA benefits and taxation

Hi,

As Texanbrazil says, if you move to Brazil you'll really want to find a Brazilian tax professional to lead you through your particular situation. You'll have time, since you won't be liable for income tax until you've lived in Brazil for more than six months.

While it's true that Brazil and the United States don't have a tax treaty, Brazil does oppose double taxation as a matter of policy, so the income tax burden ends up being pretty light. Besides, what you're talking about are "reimbursements", not income, and chances are that your accountant will view them in that light.

When you talk to the people at FMP, you should discuss having them deposit your reimbursements directly in your US bank account, which you should be keeping anyway when you move to Brazil, rather than trying to send reimbursements by mail. Receiving and depositing paper checks in Brazil involves major difficulties, complications, and delays. And when I tried it with international health insurance, I found that getting Brazilian medical practitioners to accept reimbursement from abroad was effectively impossible.

BTW, the administration of many federal benefits to Americans living abroad has been regionalized, and all the Portuguese speaking countries in the world have been placed in a virtual region serviced out of the Federal Benefits Unit (FBU) at the US Embassy in Lisbon, Portugal. I have found them easier to deal with and more responsive on Social Security questions than anyone stateside ever was. As your plans develop, you may want to check with them to find out whether they administer VA benefits for Americans in Brazil as well. You can find out how to reach them here:

https://pt.usembassy.gov/u-s-citizen-se … -security/

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Inubia Serial expat

293POSTS

3 years ago

#20

Brazil and the USA BOTH try to give people a break so they don't pay double taxes. However, its insanely tricky. The USA will only give you a break for Brazil taxes that you pay on money made in Brazil, and then only for the percentage of time you actually live in Brazil, and then only up to the same net percentage rate that you are in in the USA. Brazil, on the other hand, will give you a good break for your US taxes but the tax rates are higher on Brazilians and they bite down on poorer people, and Brazil taxes your worldwide income just like the USA does. There are loopholes but you need a professional accountant to find them. I have tax accountants in both countries but, like I need them ......

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sanderson7252 New member

5POSTS

3 years ago

#21

I don’t think FMP even sends reimbursement to Brazil

seinfo3 Contributor

100POSTS

3 years ago

#22

@rraypo Could you pm me Marios contact info? It would be very useful to have this in my "portfolio" of contacts should problems arise once I arrive in Brazil.

Thanks

duzzimenino Active member

71POSTS

3 years ago

#23

@jasonlovesdogs Hello, from São Paulo. I was born and raised in Fresno. Between the Tower District and Roeding Park. My experience totally helps me here. I wish you the best that Brazil has to offer. I love it here in São Paulo. Congratulations on your retirement from the FPD! Thank you for your service. You earned every penny and then some. Total respect, man. Take care!

1 member reacted to this post

jasonlovesdogs Contributor

161POSTS

3 years ago

#24

Wow. That's amazing you were raised in Fresno! Thanks a lot for the well wishes.

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Cyberdon2001 Member

1POSTS

3 years ago

#25

Good afternoon! I've been following this thread for a little bit and would like some clarification, if possible. I'm a retired Vet with a VA disability rating. I'm also a permanent resident in Brazil (Sorocaba). I hired an accountant here who informed me that I owe back taxes from the day I received my RNE till now. They were not sure if my disability income is taxable. So simply...is this income taxable or not? I'm in the process of contacting a tax lawyer but I don't want to give the guy easy money. Currently I just forwarded funds from my US account as needed. Any help would be much appreciated. Thanks in advance!👍🏾

abthree Brazil Expert

6439POSTS

3 years ago

#26

06/06/22 Good afternoon! I've been following this thread for a little bit and would like some clarification, if possible. I'm a retired Vet with a VA disability rating. I'm also a permanent resident in Brazil (Sorocaba). I hired an accountant here who informed me that I owe back taxes from the day I received my RNE till now. They were not sure if my disability income is taxable. So simply...is this income taxable or not? I'm in the process of contacting a tax lawyer but I don't want to give the guy easy money. Currently I just forwarded funds from my US account as needed. Any help would be much appreciated. Thanks in advance!👍🏾
- @Cyberdon2001

I don't know whether or not Brazilian tax law treats disability income differently from other income, but I've been told consistently that income tax liability kicks in after a foreigner has lived in the country for six continuous months, regardless of status or the date of CIE/RNE/CRNM issue. For that reason alone, I would definitely get a second opinion on what your liability is. If you've been spending over six months in any one year outside Brazil, that may be relevant information to share with the accountant, too.

If you do owe back taxes the Receita Federal will work with you on a payment plan, but I'd expect my accountant not to stop with "you owe taxes for ___ years!", but to be discussing possible mitigation ideas with me, as well.

3 members reacted to this post

09cellssequent New member

3POSTS

3 years ago

#27

I’m watching this closely as I’ve been in Fortaleza for a little over two months Bought a house and decided to stay. We are hiring an attorney, certainly not cheap but highly recommend. Retired, age 58 from Sacramento area

rraypo Serial expat

776POSTS

3 years ago

#28

I’m watching this closely as I’ve been in Fortaleza for a little over two months Bought a house and decided to stay. We are hiring an attorney, certainly not cheap but highly recommend. Retired, age 58 from Sacramento area
- @09cellssequent

We moved to and I was raised in San Rafael Ca. starting in June 1961. In the 70's, I raced motocross all around the Sac area, the fairgrounds, West Sac along the river, Marysville..... I've been coming to Brazil for almost 15-years and now days, almost living here, car, apartment, etc.

rraypo Serial expat

776POSTS

3 years ago

#29

@rraypo Could you pm me Marios contact info? It would be very useful to have this in my "portfolio" of contacts should problems arise once I arrive in Brazil.

Thanks
- @seinfo3

Absolutely possible. I will send you a private message. I get nothing from this or him, but he is great, the best problem solver in Brazil I have met.