Brazil, in addition to being a tourist destination for many foreigners, has become attractive to investors, rising to prominence on the international scene, with the entry into force of the Migration Law (Law 13.445/2017), the categories of visas and residence permits have passed to be regulated by new normative instructions, including the option for individual investors.
It is well known that many foreigners want to invest in existing brazilian companies or in their own business in Brazil. However, for this modality it is necessary to fulfill some requirements that will be provided in this article.
In this way, residency (permanent visa) and subsequent Brazilian citizenship aroused great interest in foreigners, especially those seeking to invest in the country and, later, reside. For a while, many foreigners sought ways to establish themselves in Brazilian territory, opening businesses or buying real estate. Thus, to facilitate entry into the country and obtaining documents, people adhered to the Jus Solis [1] criterion and traveled to Brazil for the birth of their children, aiming to extend the benefits of Brazilian nationality.
These mechanisms are obsolete, considering the range of possibilities for those who wish to build themselves in Brazil. Furthermore, all immigration procedures are quite bureaucratic and require professional monitoring to avoid unpleasant surprises and even penalties.
The Immigration Law nº 13.445/2017 stipulates the nature of visas for Brazil. [2] On the other hand, the possibility of residence in Brazil can be temporary or permanent, through authorization after the granting of a visa.
In the case of those who had Brazilian children, residence was authorized based on a family reunion between the Brazilian baby and the foreign parents. However, the procedure is not recommended, as the practice has been subject to restrictions by the authorities.
Regarding the visa application for investors with a subsequent residency application, proof of minimum investment in an amount equal to or greater than R$500,000.00 (five hundred thousand reais) is required, in addition to the presentation of the company’s investment plan or business plan, which must accompany the request. The legislation determines that the main objective in granting this type of visa will be the potential for generating jobs or income that the investment will have in the country, being a priority in the analysis.
The value can be changed in the event of investment in innovation or basic or applied research, scientific or technological, by the investor. In these cases, the investment cannot be less than R$150,000.00 (one hundred and fifty thousand reais). These requests, however, suffer greater discretion and must meet a greater number of requirements of the Brazilian government, such as:
a) originality as to the degree of novelty of the product, process or service to be introduced in the market or that constitutes the main activity of the company;
b) scope as to the degree of penetration of the product, process or service to be introduced in the market or that constitutes the main activity of the company; and
c) relevance regarding the degree of impact and potential to generate value for the product, process or service to be introduced in the market, or that constitute the activity.
The Investment or Business Plan, mandatory in all requests, is of fundamental importance when requesting this type of authorization. This document must be developed by specialists, considering it to be as detailed as possible, always focusing on the generation of employment and income, crucial requirements for the approval of the application.
It is one of the most interesting visas for those who intend to immigrate to Brazil legally.
Another investor visa is the “golden visa”. The permanence based on real estate investment stipulates the residence period is 2 years, which can be renewed for another two years or changed to an indefinite period. For the granting of permanence, it is necessary to acquire an urban property, built or under construction, in the total amount of R$1,000,000 (one million reais). However, if the property is located in the North and Northeast regions, the minimum value can be reduced by up to 30%, thus the new total is R$700,000 (seven hundred thousand reais). It is possible to purchase more than one property and get the permanence as long as the minimum total value is reached. It is worth noting that the value of the property can only be financed when it exceeds R$1,000,000 (one million reais).
All procedures must be accompanied by a specialized professional, the individual case analysis of the foreigner’s situation establishes faster and safer paths, providing agility and saving unnecessary expenses.
[1] Jus Solis: from the Latin “right of the ground”. It gives the individual the right to the nationality of the place where he was born. Brazil adopts hybrid criteria that consider both jus solis and jus sanguinis. That is, children of Brazilians are entitled to Brazilian citizenship, no matter where they are born, and children of foreigners born in Brazilian territory also have the same right.
[2] Article 12. The applicant who intends to enter or remain in national territory may be granted a visa: I – for visiting; II – temporary; III – diplomatic; IV – official; V – courtesy.
