Vitem IX: FP appointment - what docs - translated - apostille

02/21/24 @headshot.  Is the new visa in your passport a VIVIS visa or a VITEM visa?  Did the Consulate give you a form - a Protocolo - to present to the PF?

    Hello all,
I have applied for the Visa via real estate investment.  The Brazilian consulate in Los Angeles (USA) has granted me the temporary visa affixed to my passport.  I will be back in Brazil in one month and going to the FP.

Does anyone have a recent list of documents I will need to present and whether each needs to be apostille and translated?  If anyone has the same use case and recently been to the FP, please share the experience if you don't mind.

Much obliged!
   

    -@headshot

Just for clarification, you intend to make an investment into a Brazilian company here (Investor Visa VITEM IX), or you are going to apply for the Golden Visa by investing in real estate here? These are not the same thing, so I am a little confused...

@abthree

The "typo de visto" says VITEM IX and the consulate gave me a page titled "formulario de pedido de visto" with instructions that i MUST present this to the FP.

@Peter Itamaraca

Sorry, the investment is via real estate purchase which has already been done.

@headshot

An investment into residential real estate will not qualify for the VITEM IX visa - it must be into a Brazilian company (either newly set up or established).

The form they gave you is an application form for a visa - why give you that if they have already given you the visa. I am still confused!

Are you certain that you did not apply for the e-visa tourist visa, and that is what you have?

@Peter Itamaraca

Hi Peter.  Yes this is all quite confusing especially to me.  The application was done by my lawyer in Brazil.  Both the Visa in my passport and the form from the consulate state IX.  The form specifically states, "Visto Temporario IX - Investimentos".

I hope my lawyers got this right.

@headshot

The below website says they are the same but I also found another that says they are not....

https://www.oabitat.com/en/brazil-golde … 0business.

Is the Brazilian real estate investor visa the same as the VITEM IX visa?

Yes, the Brazilian real estate investor visa and the VITEM IX visa refer to the same visa for individuals who invest in Brazil, whether in real estate or in a business.

    @Peter Itamaraca
Hi Peter.  Yes this is all quite confusing especially to me.  The application was done by my lawyer in Brazil.  Both the Visa in my passport and the form from the consulate state IX.  The form specifically states, "Visto Temporario IX - Investimentos".

I hope my lawyers got this right.
   

    -@headshot

I hope your lawyer is advising you correctly, and you should follow the legal advice you are being given, or seek a new immigration-specific attorney in Brazil.

Put simply the Investor Visa VITEM IX is for people have already invested directly into a Brazilian company, and nearly all cases this means creating the company first. In this case you would also need an administrator to run the business initially. I am guessing you did not go through this?

For the Golden Visa you can invest R$1,000,000 directly into residential real estate, (which is discounted in NE Brazil to R$700,000), and then you can receive a visa to live here. But the application has to be made in Brazil, and then you can choose to receive the visa in Brazil or overseas.

I do hope your lawyer has not confused these two...?

    @headshot
The below website says they are the same but I also found another that says they are not....


https://www.oabitat.com/en/brazil-golde … 0business.
Is the Brazilian real estate investor visa the same as the VITEM IX visa?
Yes, the Brazilian real estate investor visa and the VITEM IX visa refer to the same visa for individuals who invest in Brazil, whether in real estate or in a business.
   

    -@headshot

THAT ADVICE IS ABSOLUTELY WRONG, sorry.

I have just glanced at that site, and it contains other inaccuracies as well.

For example, you cannot apply for a Golden Visa with a Promissory Contract to Buy and Sell - you must have completed the whole purchase process, and have the escritura. What guarantee do they have that you will make the investment after you have the visa, if you can get it just on a contract...?

@Peter Itamaraca

I checked with my lawyer who has stated that you were correct up to 2018 when there was a change

02/21/24 Hi Peter.  Yes this is all quite confusing especially to me.  The application was done by my lawyer in Brazil.  Both the Visa in my passport and the form from the consulate state IX.  The form specifically states, "Visto Temporario IX - Investimentos".

I hope my lawyers got this right.
   
    -@headshot

My layman's reading of the law is the same as @Peter Itamaraca's.  In fact, the Law of Migration says specifically that property ownership will not serve as a basis for residency -- except that since then, plenty of people have received VITEM IXs and residency on just that basis. 

Since the Consulate accepted your and your attorney's documentation and issued you a VITEM IX, then I'm assuming that they were following the current official interpretation of the requirements, and that the PF will do the same.  According to the Consulate website, you will need an apostilled Birth Certificate with a Sworn Translation for the PF; you can and should get the Sworn Translation in Brazil, but bring the document with apostille with you.  Other than that, you should be ready to show the PF whatever documents you provided to the Consulate, just as the Consulate accepted them.   It would probably be a good idea for your attorney to attend your meeting at the PF with you, just in case a question arises.

As a safeguard, in your place I would also bring an apostilled FBI Criminal Background Check, but hold it and only give it to the PF if they request it. 

Best of luck.  I think that you'll be ok.

@abthree

Thank you.... any thoughts on Apostille of passport and proof of residency in the USA.

From my lawyer if this may help others....

In 2018, Brazil added the real estate investment visa with RN Nº 36 of Oct/9th/ 2018

I'm no expert in this area but a search turned up this page about the Vitem IX visa:

https://www.gov.br/mre/pt-br/embaixada-manila/embassy-of-brazil-in-manila/consular-services/investment-visa-2013-vitem-ix

It says:

"A) General rules and Eligibility

This visa can be granted to foreign citizens who wish to establish temporary residence in Brazil as follows:

- intra-company transferee to represent commercial or civil corporation, group or economic conglomerate as administrator, manager, director or executive with management powers (Normative Resolution No. 11/2017);

- foreigners investing in a Brazilian company, with the creation of new jobs (Normative Resolution No. 13/2017);

- foreigners investing in innovation or basic/applied research in the fields of science and technology, including startups (Normative Resolution No. 13/2017);

- foreigners investing in Brazilian real estate market, acquiring real estate (in the form of one or more units) in value at least equal to or above R$ 700.000,00 (seven hundred thousand Brazilian reais), if the purchase is made in the Brazilian North or Northeast, or R$ 1.000.000,00 (one million Brazilian reais), if the purchase is made elsewhere within Brazil. (Normative Resolution No. 36/2018)."

Here's the link to the 2018 law previously referenced:

https://www.gov.br/mre/pt-br/embaixada-manila/embassy-of-brazil-in-manila/consular-services/RN_36__2018__Investidor_imobilirio.pdf

Here's another consulate site which words it a bit differently but says the same thing:

https://www.gov.br/mre/pt-br/consulado-nova-york/servicos-consulares-e-informacoes-uteis/visto-visa-2/visto-para-investidor-investment-visa

  02/21/24  @abthreeThank you.... any thoughts on Apostille of passport and proof of residency in the USA.From my lawyer if this may help others.... In 2018, Brazil added the real estate investment visa with RN Nº 36 of Oct/9th/ 2018        -@headshot

Passports never require either apostilles or Sworn Translations.  The PF may require an Authenticated Copy of your passport, either the whole thing or the identification pages, which you can have made at any cartório. 

I wouldn't worry about your proof of residency.  Unless it's an official document, it's doubtful that you could even get an apostille on it.  If you had a notarized copy made you could, but the apostille technically would only apply to the Notary Public's signature and seal.

I only suggest the FBI Background Check because that takes a while to obtain, and if the PF decide to become sticklers about a document, that's most likely to be the one.  Since the Consulate accepted it as-is that should be enough for them, but they have the right to demand anything.

I thank you all for your replies!!  I will return in about 6 weeks to close the loop on this thread with my PF experience.

    02/21/24 Hi Peter.  Yes this is all quite confusing especially to me.  The application was done by my lawyer in Brazil.  Both the Visa in my passport and the form from the consulate state IX.  The form specifically states, "Visto Temporario IX - Investimentos".I hope my lawyers got this right.         -@headshot

My layman's reading of the law is the same as @Peter Itamaraca's.  In fact, the Law of Migration says specifically that property ownership will not serve as a basis for residency -- except that since then, plenty of people have received VITEM IXs and residency on just that basis. 
   
    -@abthree

So I took some professional advice on this somewhat confusing matter, and it was as follows: In 2018, and again in 2021, the Vitem IX WAS altered to include real estate investments to the values of R$700,000 in N and NE Brazil, and R$1,000,000 in the rest of Brazil.

The so-called Golden Visa, which (as @abthree has previously correctly pointed out), is not actually a visa at all, but a permanent residence permit issued from within Brazil, as visas can only be issued from overseas.

The VITEM IX is more complicated and more expensive to obtain than the Golden Visa, and is based on something called "previous residence" rather than just "residence" in the case of the GV. As normal the VITEM IX grantee has 90 days to come to Brazil, and then must present to the Federal Police within a further 30 days, and then must spend at least 14 days per year in Brazil.

The GV application is made within Brazil direct to the Federal Police (hence easier, quicker and cheaper).

In both cases the purchase must have been completed, and escritura registered,  except in the case of a new build, when proof of a substantial deposit together with the contract will suffice, together with other documents from the developer.

Another important document is proof that all funds were sent through the Central Bank of Brazil.

I apologise if I have misled anyone, but I hope this clears up any confusion.

@Peter Itamaraca my xi paper work from the consulate from canada said. I have one year to enter brazil and 90 days to show up for my police appointment. My appointment is on the 29th of this month.

02/22/24   @Peter Itamaraca my xi paper work from the consulate from canada said. I have one year to enter brazil and 90 days to show up for my police appointment. My appointment is on the 29th of this month.
   

    -@Canforbra

VITEM XI rules and VITEM IX rules are totally different.  Sounds like you're in good shape, as long as you get in before the 90 day mark.

@abthree it was a miss read. I have been very busy as of late and just probably my dyslexia took hold

@headshot

So my first visit was a failure.  The FP asked for my passport, confirmation of payment for the appointment and a copy of a publication in a periodical showing my information as applying as a resident (I think).  The publication listed as "Residencia Previa" and should have been just "Residencia".  This was the first problem. Also my name appeared twice.  The fiat time it was complete and the second it was only my first and middle name.  The second entry omitted my last name which was the second problem.

I was there 2 hours and they did not speak English so I did not fully understand everything so I am trying my best to describe the experience

04/12/24    @headshot
So my first visit was a failure.  The FP asked for my passport, confirmation of payment for the appointment and a copy of a publication in a periodical showing my information as applying as a resident (I think).  The publication listed as "Residencia Previa" and should have been just "Residencia".  This was the first problem. Also my name appeared twice.  The fiat time it was complete and the second it was only my first and middle name.  The second entry omitted my last name which was the second problem.

I was there 2 hours and they did not speak English so I did not fully understand everything so I am trying my best to describe the experience
   

    -@headshot

Sorry to  hear about your difficulties.  Two things strike me as strange about your experience.  The first is that, assuming that you gave them the document that the Consulate told you to give them, they asked for anything else; they can but often the consular document is enough for them.  The second thing is that if they looked you up in a publication, which I'm guessing was the "Diário Oficial da União", the DOU, that they didn't stop when they got to the complete entry, but pressed on to the incomplete one.

it would probably be best to ask your Brazilian lawyer to take it from here, especially if your Portuguese is limited.  There's a danger of slipping into an endless loop with the FP, with frustration growing on both sides with each round.

@abthree

I didnt have a chance.  I thought they were going to call me in but they just took the passport etc then came back to tell me there was a problem.  i never gave them the consular document.  lazy is how i would characterize them

04/12/24    @abthree
I didnt have a chance.  I thought they were going to call me in but they just took the passport etc then came back to tell me there was a problem.  i never gave them the consular document.  lazy is how i would characterize them   

    -@headshot

Ooops!  Be sure to tell your lawyer that, and give him the document, if he's going to act on your behalf.