A new resolution of the National Immigration Council has brought changes in the procedures for obtaining a residence permit for individuals who intend, with their own resources of foreign origin, to carry out real estate investment in Brazil, with the potential to generate jobs or income in the country.
As of August 8, 2022, when Normative Resolution No. 46 of the National Immigration Council was published, the residence permit will be granted for 4 (four) years instead of 2 (two) years, and for an indefinite period after the first 4 (four) years.
The main change, however, refers to the requirements for maintaining residence, requirements that are silent in Normative Resolution No. 36 of October 6, 2018. With the publication of the new resolution, it is now established that “the cessation of the foundation forming the base for the granting of the residence permit, verified during the constancy of the determined or indefinite period, as the case may be, will be the cause of its loss, under the terms of art. 135, I, of Decree No. 9,199, of 2017.”
It is therefore understood that the foreigner must remain the owner of property(ies) in Brazil, built or under construction, located in an urban area, in an amount equal to or greater than BRL 1,000,000.00 (one million reais) during the entire period of residence. For real estate located in the North and Northeast regions of Brazil, the minimum investment amount is BRL 700,000.00 (seven hundred thousand reais).
In addition to the need to maintain the real estate investment throughout the period of residence, the foreigner must physically remain in Brazil for at least 14 (fourteen) days, consecutive or not, in each period of 2 (two) years, counting from the date of registration with the Federal Police, under penalty of having the residence cancelled.
