Permanent Visa by Investment Program in Brazil

My understanding is that there is no longer such a thing as a "Permanent Visa" unless you are a citizen of Uruguay.  You can become a "Permanent Resident", but that is a different construct from "Permanent Tax Resident".  If I'm wrong, please cite the pertinent law; otherwise issue a correction and be careful of your terminology going forward.  When speaking of the law, words and terms matter.  They aren't simply interchangeable.

Mike is correct. It is temporary for 2 years for investment. After two years Gov. will check your books and evaluate that you meet its guidelines. If you do they will extend the visa

Hey Texanbrazil... thanks! 

Just to make sure everyone is on the same page...  If you are in a category of people who qualify for residency then the Visa is a one and done type thing.  it accomplishes two things.  First it allows you to enter the country.  Second, it completes most of the work and verification needed to apply for residency. 

Once you receive, there is a period of time printed on the visa to go the the PF to register and apply for your CRNM, upon your initial entry into the country.  The Visa itself is good for 1 year.  Which means that once issued, the clock is ticking for you to arrive in Brazil and get to the PF.  If you, for whatever reason, fail to enter Brazil within that initial time period (1 year), you have to start over. 

So you arrive in Brazil, get your CRNM and it has an expiration date.  That expiration date also was specified on your Visa.  It varies slightly depending on the legal justification of your initial entry.  Typically it is 2 years.  So you enter Brazil, with the Visa, get your CRNM, stay for 4 months then leave the country.  You then want to return 6 months later.  You simply show the PF your Passport and your CRNM.  Your  visa has expired.  If your CRNM is valid, no problems, you enter the country.  You no longer need a Visa, that was only for the initial entry.  You now have your CRNM and it shows your legal justification for entering and staying in Brazil.  it's the line on the reverse side that says:  AMPARO LEGAL.

About a month before your CRNM is expiring, you need to return to the PF, WITH ALL THE DOCUMENTS YOU SUBMITTED THE FIRST TIME YOU APPLIED FOR THE CRNM.  ALSO, DON'T FORGET TO PHOTO COPY ALL THE PAGES OF YOUR PASSPORT, AGAIN.  They will verify that the legal justification is still valid, and if so reissue the card with another expiration date; again that term of extension will depend on your legal justification.  Perhaps it will be 10 years, perhaps indeterminado, depending on your age.

Legal residency is not the same as tax residency.  I listed the requirements for tax residency from Receita Federal in a different post. 

So to sum it up, if you have a CRNM, you are done with Visas.

Question since we are looking for information on a permanent residence visa: do you have to leave the country after 4 months no matter what or is this just an example? And come back 6 months later?
Because we don't want to do this with our family and pets….!
We want to Buy a house for the amount to qualify and get residency and stay.

Mike, most true.
I would begin with the BR Consulate. You cannot "piggyback" a tourist visa into another visa.
Once you apply and are accepted they will issue a protocol. Keep this safe. The protocol will have a date to return if documents are needed.
So you may stay in Brazil until approved or denied.

Remnco,
If you have marriage documents, all documents required, translated apostilled/legalized, and Gov background check.
Go to the PF and apply for a CRNM. (I believe you said you want to but real property.
You also should go to the BR Consulate and inquire. Buying property takes a while and you may not have much time

@remcovonne That was just an example to illustrate that once you have the CRNM that allows you to enter and stay in Brasil.  But again, don't confuse the Visa with the CRNM.  The purpose of the Visa is to make sure you are eligible for residency under the category of which you apply, and then to allow you to enter the country for the purpose of applying for the CRNM.  Nothing more.  There is no longer such a thing as a "PERMANENT VISA" unless you are a national of Uruguay. 

Also, don't confuse RESIDENCY with TAX RESIDENCY.  Here are the TAX RULES.

Not all CRNM's expire, some do not, mine is permanent, there is no expiration date.

@rraypo It used to be under the old system, if you were 60 or older, you got a card with no expiration date.  That provision was repealed with the 2017 law.  If you obtained your CRNM recently, under the new system check your VITEM Visa.  It should state what the initial term of your residence will be.  Curious to hear what your Visa says.  Someone may have made an error.  If they did, lucky you!  You have saved the reissue fee and the hassle of returning to the PF in a few years.  If your visa doesn't agree with your CRNM however, you may have an issue.

I got my CRNM this past December, it has no expiration date. Where the ACTUAL CRNM states "VALIDADE:" it says "INDETERMINADO"

@rraypo Did you get a VITEM Visa?  If so, that should also state the initial term of residence.  What does that say?

I just pulled out my original Visa which was based on a VITEM XI. It was issued on Sept. 11, 2020, I was given "01-ano" to complete the process with the PF. I went from the USA to SP Brazil in December 2020, had a very easy and quick appointment with the PF two weeks later, where they handed me my temporary CRNM valid for six months and a certificate of pre-approval to get a bank account with any Brazilian bank.  My new original CRNM was issued and available to me or to my agent in exactly 30-days.

Interesting, but it should also state the legal authority the VISA was issued and the inItial term of residence.  Is this not listed on your visa?  For example, something like:

RN  40/2019 - CNIG
PRAZO DE RESIDENCIA: 2 (DOIS) ANOS

REGISTRO NA POLICIA FEDERAL EM 90 DAS DA PRIMEIRA ENTRADA
REGISTRATION WITH THE FEDERAL POLICE WITHIN 90 DAYS FROM FIRST
ENTRY


It should be in the  location marked #3 in the following sample photo:

On which document?
_________

I just looked at my original application, the completed VITEM XI approved and returned to me by the Consulate in SF California, my temporary "Protocolo" "Servico Publico Federal", and on my CRNM, there is nothing like what you asked about on any of the four documents.
I have no idea how to attach a photo on here or I would send you a copy of my RNM card

@rraypo... on the Visa... I revised my previous post with a photo that shows the location.  It should be under your nationality in a smaller font.

08/30/21

I believe that if the basis of your residency is "reunião familiar" and you're over 60, your CRNM has no expiration date, even under the current law.  As Mike points out, the underlying visa does expire, which is a problem that the authorities appear to have kicked down the road for another day.  The ad hoc solution so far seems to be to admit people who have expired visas but valid CRNMs, which makes logical sense, but is crazy in administrative terms.

The replacement for the old VIPER for retirement is another temporary visa, under the "Immigration Policy " classification.   On that one they've been granting temporary CRNMs, but that really makes no sense, so it will need to be addressed too as those CRNMs expire, which they'll start to do very soon.

As I recall, the old "Investment" visa started out as temporary,  but after a certain number of years, the PF could grant permanent residency,  as with the Labor visa.  The future of that one isn't clear, either.

Bottom line is that they left a lot of loose ends in 2017.  As more and more visas and CRNMs that used to be permanent expire, they're going to have to stop pulling individual solutions out of ... the air  , and start making some general rules again.

@abthree, that is not my understanding:

"Expired RNM | RNE of a migrant who is over 60 years old, do you need to renew?

According to the new Migration Law (Law 13.445/17) it is also necessary to renew.

The previous legislation that allowed migrants over 60 years old not to renew their document, Law 9505/97, was revoked in 2017 with the new Migration Law, in other words, this rule is no longer valid, so the migrant over 60 years old needs to renew his document like all other migrants."

In any event, the rules that govern @rraypo's CRNM should be listed on his VISA as I referenced above.  Until we know what his VISA says, we're just guessing.

After getting some advice here I understand the rules, and they aren't unusual.  For example, the Permanent Residence Card in the US (GREEN CARD) has a maximum term of 10 years.  Even though it is "Permanent" it must be renewed.  Expiration of the card doesn't mean that your residence has expired, it just means they want to replace the card with up-to-date technology and biometric data.

mikehunter wrote:

@abthree, that is not my understanding:

"Expired RNM | RNE of a migrant who is over 60 years old, do you need to renew?

According to the new Migration Law (Law 13.445/17) it is also necessary to renew.

My understanding is that a CRNM issued after November 2017 that says "Indeterminada" in the "Validade" space is exactly that, and does not expire.  Documents with an expiration date do expire, and need to be renewed.

With respect to documents issued prior to the new law taking effect in November 2017, those documents -- visas and CIEs -- were grandfathered.  No VIPERs were canceled by the new law, just no more will be issued.  Similarly, CIEs with "Validade Indeterminada" are treated as CRNMs without an expiration date, and are still good. People with these credentials are entering and leaving Brazil today with no problems.

As I said, the new law created a discrepancy between visas and residency documents that the government is going to have to resolve.  It didn't cancel residency documents, though.

LOL, by the time this thread is over, we're all going to know more than the PF.

Agreed, if it says "indeterminado", the document doesn't expire.  My point was that @rraypo holds the answer to the term of his initial residence.  It should be on the visa.   Here is the current law regarding the CRNM.  If you're over 60 or disabled when your initial document expires you get "indeterminado" - otherwise, it will renew for 9 years.  Apparently  it seems for a family reunion you immediately get a term of "indeterminado".  For retirees, the initial term is 2 years.  Again, @rraypo can clear that up when he tells us what was on his Visa.

Those people under the old system are grandfathered.  They use what they have until it expires, then they switch to the new system.  If they have documents with no expiration date then they are permanently grandfathered. 

For those under the new system, forget about the VISA, going forward it is like the USA... you use your passport and residency card to enter the country.  You don't use a Visa.   There is no "discrepancy" between the visa and residency documents.  They are different things for different purposes.  The Visa in this case is just a temporary tool to obtain the residency document, nothing more.  Once you get your CRNM you never again need the Visa.  I read a few comments about airline clerks being confused at checkin.  They shouldn't be confused long, because many people enter the US with their Green Card without a VISA.  There isn't anything unique about it.  Now Brazil uses the same system.  It's actually kind of nice... one less document to worry about carrying around, especially when you change out your passport.

According to an agent we who have pre-2017 CRNMs without an expiration date, and are still good and permanent as abthree stated.

I "hold the answer"?
How is that? I've told you exactly what my CRNM states.  I have scanned in a copy of both sides of the card, but have no idea how to post it here for you.
As to travel into and out of Brazil, I have been in and out twice since then, showing my CRNM and U.S. passport when I check in the USA and with passport control in Brazil, zero issues. I go through the Resident line at GRU and they are very nice to me.  I am only in the USA now to take care of a rental property and a.... hmmm, trying to be nice here, tenant.  OK, that was nice.
How can I further help you if I am holding your answer? Just ask

@texasbrazil... isn't that what I said also?  Read my comments.

@rraypo, did you read my question.  I've been asking what your visa says, not your crnm.  I even posted  a photo of it?  Again, there is text written in a small font on the lower third area of your visa?  NOT YOUR CRMN.

mikehunter wrote:

@rraypo, did you read my question.  I've been asking what your visa says, not your crnm.  I even posted  a photo of it?  Again, there is text written in a small font on the lower third area of your visa?  NOT YOUR CRMN.

-----
I'm done with you, good luck.

@rraypo Oy vey!  (◔_◔)

08/30/21

mikehunter wrote:

For those under the new system, forget about the VISA, going forward it is like the USA... you use your passport and residency card to enter the country.  You don't use a Visa.   There is no "discrepancy" between the visa and residency documents.  They are different things for different purposes.  The Visa in this case is just a temporary tool to obtain the residency document, nothing more.  Once you get your CRNM you never again need the Visa.  I read a few comments about airline clerks being confused at checkin.  They shouldn't be confused long, because many people enter the US with their Green Card without a VISA.  There isn't anything unique about it.  Now Brazil uses the same system.  It's actually kind of nice... one less document to worry about carrying around, especially when you change out your passport.

You've clearly given this a lot of thought, and I appreciate it.

Your take may be true, although I haven't seen any official documentary confirmation of it yet, and I follow those things pretty closely.  It would not accord with usual Brazilian practice, but under the current Administration, "current Brazilian practice" is increasingly chaotic, and covid hasn't helped any. 

Once we're past the pandemic and normal travel patterns return, I expect that any problems that haven't been foreseen will surface pretty quickly.  As long as residents renew any expiring documents ahead of time and don't get belligerent at Immigration, any confusion should be able to be defused without becoming a crisis. 

Okay Mike I include you! Calma.

@texanbrazil, @abthree Thanks for the replies.  I did find out the reason the reason that @rraypo's initial CRNM was indeterminado, and if he would have been able to read his Visa it was right there... for VITEM XI it is the same as the familiy member or 4 years.  The VIPER XIV rules for retirement now are the first VISA is for 2 years, upon renewal it will be "indeterminado", since I'm over 60.  The law that reinstated that I posted earlier.  Investment the first CRNM is 9 years, and when you turn 60 will be indeterminado.  If it's the real estate investment variation it's initial 2 years, followed by 9 years, and again, after 60 changes to indeterminado.  VITEMS I, III, V, VII, IX, XIII are also initial CRNM of 2 years, followed by 9 years and change to indeterminado after age 60.

Hi All,
I have been following the posts with interest we are currently planning our move to Brazil and all the information above has been helpful in terms of seeing the actions.

What I would like to ask is what is the best starting point for "newbies" trying to get the process right first time round. Our intention would be to come through the investing in property route  i.e buying a house / flat and seeking work.

Any takers with advice to get us going.

09/02/21

sappaulcook wrote:

Hi All,
I have been following the posts with interest we are currently planning our move to Brazil and all the information above has been helpful in terms of seeing the actions.

What I would like to ask is what is the best starting point for "newbies" trying to get the process right first time round. Our intention would be to come through the investing in property route  i.e buying a house / flat and seeking work.

Any takers with advice to get us going.

Welcome, Paul!

If your plan is to buy a house simply to live in, and then to look for employment in the Brazilian job market, that's not going to work.  The concept behind the investor visa is to invest in some productive activity, preferably one that creates jobs for Brazilians.  The investor is expected to live on the returns of the investment, or at the very least, on his/her own resources brought into the country from abroad.  Owning property and taking what's viewed as a "Brazilian job" will not qualify.

Agree with abthree,
I would look at the BR Consulate website. You would need to invest R$500,000,00 in an existing or new business to apply for an investor visa. It would be a temporary visa and renewed if all books and business are in order.

Hi Abthree, Texanbrazil,

Thank you both for your quick replies and honest answers this helps  get some perspective.

In terms of these kinds of investment you are identifying and more specifically around business ventures and property investments. What kind of opportunities exist and how easy / difficult is it to get these processes moving. Examples of the kind of ventures currently available would help.

Look forward to your responses

To obtain the Investor Visa you have the following options:

The quickest:
1. Buy a  property of R$1.000.000, this one you can directly apply for the investor visa. Takes around 45 days to get the visa.

2. Invest at least R$500k in an existing company or you can create a new one for yourself to have this money invested in the country. You don't necessarily need to create jobs, for example, 2 of my clients they are creating Real Estate companies, to buy and sell their own properties in Brazil. This way you are following the business plan(which is mandatory for the visa application) if you just keep your investments in the country.  This whole process takes around 6 months until you get the visa at the consulate.

3. There is a cheaper option of investing R$150k in a company that will help local economy by creating jobs or doing scientific research. This is more complicated than the others. And God knows how much time will take to get it done.

You should consider getting the help of a lawyer experienced on this services.

Thank you for your response in terms of investing and the ways and values.
Different question whilst considering the investment approach, how would one go about a normal emigration process to emigrate to Brazil as an immigrant is this possible??

09/02/21

sappaulcook wrote:

Thank you for your response in terms of investing and the ways and values.
Different question whilst considering the investment approach, how would one go about a normal emigration process to emigrate to Brazil as an immigrant is this possible??

See this post, where I laid out which visas permit residence and on what terms, and which ones don't:

https://www.expat.com/forum/viewtopic.p … 04#5025583

Thanks abthree,
Will go check this out and ask questions afterwards

09/02/21

Bracatinga Imóveis wrote:

To obtain the Investor Visa you have the following options:

The quickest:
1. Buy a  property of R$1.000.000, this one you can directly apply for the investor visa. Takes around 45 days to get the visa.

Hi, Israel,

Could you please provide a legal citation for the point above, since it appears to be in direct contradiction to Article 35 of the Law of Migration:


"Art. 35. A posse ou a propriedade de bem no Brasil não confere o direito de obter visto ou autorização de residência em território nacional, sem prejuízo do disposto sobre visto para realização de investimento."

09/02/21

sappaulcook wrote:

Thanks abthree,
Will go check this out and ask questions afterwards

Feel free! 

One thing to be aware of is that permanent residency in Brazil does not confer a second passport.  The naturalization process for Brazilian citizenship is long and somewhat complex, and can only be started after a candidate has been a resident for one to four years.