Residence in Brazil under Mercosur and International Agreements

Can nationality make it easier to obtain residence in Brazil?

Yes. Nationality may provide a route to residence without having to qualify as an investor, employee or family member of a Brazilian national. This is the case under the Mercosur Residence Agreement and other arrangements applicable to certain countries.

The benefit depends on the instrument used. The initial term, documentation and possibility of obtaining residence for an indefinite term from the first application vary. Entry as a visitor, even without a visa, does not replace authorization to reside.

Before preparing an investment or employment-based application, it is advisable to examine the route available through nationality. The documentation and application procedure are still required. Mercosur — Movement of People and Residence.

Which countries have facilitated residence arrangements?

Argentina and Uruguay also appear on the Federal Police (PF) list for Mercosur residence, but their bilateral agreements warrant separate consideration. The table brings together the main nationality-based regimes discussed in this article; it does not cover every special immigration category. PF — Guidance on Residence and Agreements. Decree No. 6,736/2009 — Brazil–Argentina Agreement. Decree No. 9,089/2017 — Brazil–Uruguay Agreement. Decree No. 11,156/2022 — CPLP Mobility Agreement.

Who can use the Mercosur Residence Agreement?

The PF identifies nationals of Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay as eligible. This list should not be confused with the full list of members and associate members of the economic bloc. PF — Guidance on Residence and Agreements.

The agreement covers nationality held from birth and nationality acquired through naturalization at least five years earlier. Residence in one of these countries is not equivalent to holding its nationality. A French national living in Chile, for example, does not qualify merely by holding a Chilean residence authorization. If they also hold Chilean nationality, it will be necessary to examine how and when it was acquired. Decree No. 6,975/2009 — Mercosur Residence Agreement.

Temporary residence under the agreement does not depend on an employment contract or a minimum investment. Once granted, it permits self-employment or work for others, subject to the Brazilian rules governing the activity. Regulated professions remain subject to the relevant qualification and registration requirements. Mercosur — Movement of People and Residence.

How long does residence last, and how can it become indefinite?

The Mercosur Agreement provides for temporary residence for up to two years, followed by the possibility of conversion to residence for an indefinite term, described as permanent residence in the treaty. Conversion requires a new application: it does not occur automatically when the initial term expires.

The application should be prepared for submission during the ninety days before expiry. At this stage, applicants must provide temporary residence documents, identification, criminal record documents and evidence of lawful means of support for themselves and their family. PF guidance should be checked before filing. Mercosur — Movement of People and Residence. Decree No. 6,975/2009 — Mercosur Residence Agreement. PF — Documents Required for Immigration Procedures.

Anyone who misses the deadline must check the applicable procedure for regularizing their immigration status and should not treat an expired residence card as evidence that permanent residence has already been acquired. The agreement itself refers this situation to the receiving country’s immigration law.

What is different for Argentine and Uruguayan nationals?

Can Argentine nationals apply directly for residence for an indefinite term?

The bilateral Brazil–Argentina agreement allows permanent residence to be granted to Argentine nationals in Brazil who are tourists or hold temporary residence, upon application and fulfillment of the requirements. They do not have to complete the two years under the temporary Mercosur route first.

The agreement also addresses regularization of irregular immigration status, subject to specific conditions, including those concerning entry. The applicant’s entry and residence history must therefore be examined before selecting the legal basis. Nationality alone does not justify overlooking this step. Decree No. 6,736/2009 — Brazil–Argentina Agreement.

Can Uruguayan nationals also obtain residence without a temporary stage?

Yes. The Brazil–Uruguay agreement expressly dispenses with a prior period of temporary residence. It also provides for exemption from procedural fees through to the grant of residence and waives legalization and translation of documents for the purposes of the agreement itself. Decree No. 9,089/2017 — Brazil–Uruguay Agreement.

These benefits affect the choice of procedure. A Uruguayan national planning to settle in Brazil should assess the bilateral route before routinely starting with temporary residence under Mercosur.

How does residence for CPLP nationals work?

In addition to Brazil, the Community of Portuguese Language Countries comprises Angola, Cabo Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, Portugal, São Tomé and Príncipe and Timor-Leste. Its mobility agreement allows different forms of implementation in each country. Decree No. 11,156/2022 — CPLP Mobility Agreement.

In Brazil, Interministerial Ordinance No. 40/2023 allows nationals of these countries who are already in Brazilian territory to apply to the PF for residence, with an initial term of two years. This application is not limited to the professional categories specified for the consular visa. Interministerial Ordinance No. 40/2023 — CPLP.

The consular route has its own requirements. The CPLP visa provided for in the Ordinance covers categories such as teachers, researchers, highly qualified technical professionals, businesspeople, cultural professionals and students on recognized exchange programs. Applicants cannot simply use the checklist for applications made in Brazil when applying at a consulate. Interministerial Ordinance No. 40/2023 — CPLP.

Conversion to residence for an indefinite term must be requested during the ninety days before temporary residence expires, with evidence that the criminal record and means-of-support requirements are met. The PF maintains a specific checklist for this stage. PF — Documents for CPLP Residence.

What about nationals of Venezuela, Guyana and Suriname?

These nationals have access to a separate Brazilian route for neighboring countries for which the Mercosur Residence Agreement is not in force. The legal basis is Interministerial Ordinance No. 19/2021, rather than automatic application of the regional agreement. PF — Residence for Nationals of Venezuela, Guyana and Suriname.

Applications are submitted to the PF, with residence initially granted for two years and the possibility of conversion to an indefinite term if the requirements are met. The Ordinance has its own documentary rules, including simplified requirements, which should not be indiscriminately replaced with another category’s checklist. Interministerial Ordinance No. 19/2021 — Neighboring Countries.

This regime should not be confused with border resident identification, which is intended for life in border localities. Where an application for refugee status or recognized refugee status is involved, the effects of changing immigration categories must also be examined before opting for residence, especially under Ordinance No. 19 and the CPLP rules. Interministerial Ordinance No. 19/2021 — Neighboring Countries. Interministerial Ordinance No. 40/2023 — CPLP.

Where should you apply, and which documents should you prepare?

For applicants in Brazil, the applications discussed here are made to the Federal Police through the service corresponding to the chosen legal basis. The procedure involves an electronic form, supporting documents, fees where applicable and an appointment for identification and registration. These routes do not require an employment-related authorization application in MigranteWeb, the online system used for such applications. PF — Guidance on Residence and Agreements. PF — Documents Required for Immigration Procedures.

Preparing a residence application under Mercosur normally involves:

• An accepted document establishing identity and nationality.
• Documents showing birth details, parentage (parents’ names) and marital status, as applicable, and evidence of naturalization where relevant.
• Criminal record documents from countries of residence during the required period and the corresponding personal declaration.
• Brazilian criminal record certificates, including certificates from the federal and state courts according to the places of residence.
• The application form, address details and evidence of payment of the applicable fees.

This list is a guide to preparation; it must be adapted to the category and stage of the procedure. Conversion to an indefinite term also requires documents establishing means of support. It is advisable to prepare up-to-date Brazilian court-issued criminal record certificates even when registering after a visa has already been granted, confirming the required coverage with the PF office. PF — Documents Required for Immigration Procedures. PF — Federal and State Criminal Record Certificates. PF — Registration of Immigrants Holding a Temporary Visa.

Applicants seeking a visa abroad must follow the consular post’s instructions. After entering on a temporary visa, they must register with the PF, generally within ninety days. The documents used at the consulate should remain available for the appointment. PF — Registration of Immigrants Holding a Temporary Visa.

Do foreign documents require an apostille and translation?

The formalities depend on the document, its country of issue and the regime used. Residence agreements and agreements waiving documentary formalities each have their own scope; participation in Mercosur does not, by itself, waive every formality.

Translation exemptions apply to certain documents used in immigration procedures by nationals of Argentina, Paraguay, Uruguay, Bolivia, Chile and Peru. The bilateral agreement with Uruguay also waives legalization for its own purposes. These rules should not be automatically extended to every document, country or procedure. PF — Guidance on Residence and Agreements. Decree No. 9,089/2017 — Brazil–Uruguay Agreement.

French public documents covered by the France–Brazil agreement are exempt from apostilles and legalization. Any translation required for use in Brazil is a separate matter. This documentary exemption does not, by itself, constitute residence authorization for French citizens. France–Brazil Agreement, Article 23.

The guide to exemptions from apostilles, legalization and translation explores these distinctions in greater depth. The requirements should be checked before commissioning these formalities, to avoid unnecessary costs and incomplete documents.

Can family members also obtain residence?

Yes, subject to the family relationship and applicable requirements. The Mercosur Agreement provides for residence for family members who do not hold the nationality of one of the covered countries. A French spouse, for example, may need to apply under the family route while the other spouse relies on their South American nationality. Decree No. 6,975/2009 — Mercosur Residence Agreement.

Each family member must have their own application and supporting documents. Planning for the family must take account of the principal resident’s residence term, evidence of the relationship and the application route. The general guide to family reunification explains the categories and procedures.

Frequently asked questions

Do I need to invest or have a job to apply for residence under Mercosur?

Neither is required as the basis for temporary residence under this agreement. Eligible nationality and the other documentary requirements support the application. Conversion to residence for an indefinite term does require lawful means of support.

Are all countries associated with Mercosur covered by the same residence agreement?

No. The PF’s list covers Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay. Venezuela, Guyana and Suriname have the separate route described in this article.

I am French and live in Portugal. Can I apply for residence under the CPLP rules?

Portuguese residence alone does not confer the required nationality. If you also hold Portuguese nationality, eligibility may be assessed on that basis. French nationality alone does not qualify you to use the CPLP route.

Does residence become permanent after two years?

Not automatically. Under regimes with a temporary stage, applicants must request conversion and demonstrate that the requirements are met. Argentina and Uruguay have bilateral agreements that may allow direct access to residence for an indefinite term.

Can I apply for residence even if my authorized stay as a visitor has expired?

Some instruments, such as the Mercosur Agreement, allow immigration status to be regularized in this situation. The legal basis, conditions of entry and implications for fines must be checked. The possibility of regularization does not remove the need for an application or supporting documents. Decree No. 6,975/2009 — Mercosur Residence Agreement.

Does residence under an international agreement entitle me to Brazilian citizenship?

Residence does not automatically confer Brazilian nationality. Naturalization has its own procedure and requirements, and the residence period must be assessed according to the naturalization category sought. The naturalization guide explains this assessment in detail.

How SCCM can help

SCCM advises on selecting the legal basis for residence, comparing the regime available through nationality with other available routes and organizing the documents for applicants and their families.

The work includes reviewing foreign documents, criminal record evidence, deadlines and conversion to residence for an indefinite term, with attention to the effects of the move on professional activities and tax status.

Identify the applicable agreement and prepare your residence application in Brazil.

Related guides

• Family Reunification in Brazil: Eligibility, Requirements and Documents
• Foreign Documents for Immigration to Brazil: Apostilles, Translation and Requirements
• Foreign Documents in Brazil: When Apostilles, Legalization and Translation Are Not Required
• RNM and CRNM: Differences, Registration, Validity and Renewal

Visas and residence in Brazil: complete legal guide