Residence through real estate investment in Brazil is governed by specific immigration rules and does not arise automatically from simply buying a property in the country. A property acquisition and a residence authorization are legally related but distinct matters: a foreign national may buy urban property in Brazil without becoming a resident, while using that purchase as an immigration basis depends on meeting the specific criteria under Regulatory Resolution (RN) No. 36/2018 of the National Immigration Council (CNIg).
For a foreign investor, the minimum amount is the starting point, but the analysis goes much further. Authorization also depends on the funds originating abroad, the acquisition structure, the property and foreign exchange documentation, the property’s registration status and compliance with the applicable immigration requirements. If residence is one of the transaction’s objectives, these aspects should be coordinated before signing and transferring the funds.
As of this revision, the regulations require an investment in urban real estate of at least R$1,000,000.00 (Brazilian reais). For properties located in Brazil’s North and Northeast regions, the rules allow a reduction of up to 30%, permitting a minimum investment of R$700,000.00.
Applicable rules and application procedure
Residence authorization through real estate investment is governed primarily by CNIg Regulatory Resolution No. 36/2018, subsequently amended by CNIg/MJSP Regulatory Resolutions Nos. 46/2021 and 49/2024. MJSP is the Ministry of Justice and Public Security. The rules apply to foreign individuals intending to invest in real estate in Brazil using their own funds originating abroad.
Applications for residence authorization through investment are submitted to the Ministry of Justice and Public Security through MigranteWeb, its online immigration application system. For applicants who are abroad, the regulations provide for prior residence authorization for the issuance of a temporary visa. For those already in Brazil, RN No. 36 itself allows an application for residence authorization within the country, provided that the applicable documents are submitted.
This procedural difference does not change the central point: residence depends on a real estate transaction structured to meet the immigration requirements from the outset. The purchase itself does not replace the administrative application or remove the need for subsequent immigration registration with the Federal Police, where applicable.
Minimum investment required
As of this revision, the minimum investment is R$1,000,000.00 for urban properties in Brazil’s South, Southeast and Central-West regions. In the North and Northeast regions, the regulations allow a reduction of up to 30%, bringing the minimum investment down to R$700,000.00.
The relevant amount is not simply the seller’s advertised price. The investment must be substantiated by the acquisition documents and the corresponding flow of funds. Deposits, installments, financing and other payment arrangements therefore need to be assessed in light of the transaction’s actual structure.
Completed property or property under construction
The regulations allow both completed properties and properties under construction.
For a completed property, evidence generally centers on registration documents showing ownership and the property’s status at the Real Estate Registry (Registro de Imóveis). For a property under construction, the review may involve the preliminary sale and purchase agreement, development documents, the building permit, the development registration dossier (memorial de incorporação) and evidence of the international capital transfer for the purchase or the deposit.
This distinction matters because, for an off-plan purchase—buying a property before completion—the immigration strategy depends not only on the contract price, but also on the development’s legal compliance, the payment structure and the documents available when the application is made. Linking the purchase to residence should therefore be considered before entering into the contract, rather than only after the transaction has been completed.
Multiple properties, co-ownership and financing
RN No. 36 allows the investment to comprise more than one property, provided that the combined amounts taken into account for the application reach the applicable minimum. This option may be useful where an investor wishes to spread their assets across different units or combine properties serving different purposes.
Co-ownership is also permitted, but subject to an important condition: each person seeking to use the acquisition as the basis for their own residence must individually have invested the required minimum amount. The total price of a property acquired by two or more people therefore cannot simply be divided as though the immigration requirement applied to them collectively.
Real estate financing, in turn, is permitted only for the portion exceeding the regulatory minimum investment. The minimum amount must be evidenced as an investment made with the investor’s own funds originating abroad. This point must be coordinated with the payment schedule, the contract, the financial institution and the documents to be submitted to the Ministry of Justice and Public Security.
The property must be urban
Yes. The category under RN No. 36 is based on acquiring real estate located in an urban area. Rural properties, farms and agricultural land are governed by a separate legal framework and are subject to specific restrictions on acquisition or leasing by foreign nationals.
A rural property purchase should therefore not be treated as equivalent to acquiring an apartment, house or other urban property for immigration purposes. Where the intended asset is in a rural area, the analysis must begin with the land ownership rules applicable to the foreign national, rather than with RN No. 36.
Funds originating abroad and consistency of foreign exchange arrangements
The rules require the investor’s own funds originating abroad. This makes consistency essential across the investor’s ownership of the funds, the international remittance, the financial institution, the purchase contract, the deed of conveyance (escritura), the individual property registry record (matrícula) and the other transaction documents.
Third-party payments without adequate justification, remittances with an inconsistent stated purpose, missing documentation of the flow of funds or discrepancies between the sender and the named purchaser can create difficulties both in the immigration procedure and in dealings with banks.
In transactions of this kind, the concern should extend beyond getting the money into Brazil. The way the funds enter the country must reflect the same legal arrangements as the acquisition. Where residence and investment are pursued together, the foreign exchange structure should be settled before the funds are transferred.
Purchasing in your own name or through a Brazilian company
Residence authorization through real estate investment was designed for foreign individuals investing their own funds originating abroad. Purchasing directly in the investor’s own name is therefore the structure most directly aligned with RN No. 36, provided that the other requirements are met.
An acquisition by a Brazilian company may be entirely legitimate and, for some projects, even more appropriate from a corporate, asset management, succession planning or tax perspective. It should not, however, be assumed to be equivalent to a purchase by an individual for the purposes of residence through real estate investment.
Where the structure provides for a Brazilian legal entity to own the property, the immigration basis may instead involve other categories, such as investment in a Brazilian company or the exercise of a corporate management role. If residence is one of the project’s objectives, the purchaser’s identity should be determined before the acquisition.
The minimum investment does not guarantee automatic approval
Meeting the minimum investment threshold is a necessary requirement, but it does not make residence authorization an automatic consequence of the purchase.
The Ministry of Justice and Public Security examines the investment documentation, the foreign origin of the funds, the property’s status, the consistency of the flow of funds and the personal documents required by the regulations. RN No. 36 itself allows further checks to verify that the investment has actually been made.
This explains why two purchases for the same amount can lead to different immigration outcomes. The review goes beyond the property’s price to examine how the transaction was structured and documented.
Duration and continued maintenance of residence
Initial residence authorization through real estate investment is granted for four years, both under the prior authorization procedure for applicants abroad and for applications made by individuals already in Brazil.
During that period, RN No. 36 imposes a specific physical presence requirement: the investor must spend at least 14 days in Brazil, whether consecutive or not, in each two-year period calculated from registration with the Federal Police. The category therefore does not require investors to center their entire lives in Brazil, but neither was it designed for residence entirely disconnected from the country.
After the initial period, the authorization may be changed to an indefinite term. For this purpose, the regulations require, among other items, proof that the investment conditions continue to be met, the National Immigration Registration Card (CRNM) and criminal record certificates covering the period of temporary residence.
Maintaining the investment should not be treated as a detail to address only when changing residence to an indefinite term. Decree No. 9,199/2017 provides for loss of authorization when the basis on which it was granted ceases to exist. Selling the property, transferring ownership or making a significant reorganization of asset holdings may therefore have immigration consequences and should be assessed before implementation.
The investor’s residence may also provide a basis for family reunification applications by a spouse, a partner in a legally recognized unmarried partnership, children or other relatives covered by the regulations. This procedure has its own requirements and is distinct from the investor’s authorization, although the two may be planned together.
Legal due diligence before the purchase
Before linking a property acquisition to a residence application, the foreign investor should assess both the legal risks associated with the property and the transaction’s suitability for immigration purposes.
Depending on the case, due diligence should examine the property registry record, chain of title, encumbrances, debts, the sellers’ legal and financial standing, compliance with urban planning rules, development documentation, representatives’ authority, contracts, acquisition structure, foreign exchange flows and the documents needed to substantiate the investment.
This care is particularly important for off-plan properties, co-ownership, financing, high-value acquisitions or transactions carried out through a representative acting under a power of attorney. A structure that is valid under real estate law may not, by itself, produce the documents required for the intended immigration objective.
The best approach is therefore to treat the purchase, foreign exchange arrangements and residence as parts of the same project from the outset.
Frequently asked questions about residence through real estate investment
What is the current minimum investment?
R$1,000,000.00 for urban properties in Brazil’s South, Southeast and Central-West regions. For properties in the North and Northeast regions, the reduction allowed by the rules permits a minimum investment of R$700,000.00.
Does buying any property entitle me to residence?
No. The property must qualify under the regulatory category, and the transaction must meet the requirements concerning the amount, urban location, foreign origin of funds, documentation and immigration procedure.
Can I buy an off-plan property?
Yes. RN No. 36 allows properties under construction, but the development documentation, contract and evidence of payments are particularly important for this type of acquisition.
Can I use more than one property to reach the minimum investment?
Yes. The regulations allow investments in more than one property to be combined, provided that the total investment evidenced reaches the applicable minimum.
Can financing be used to reach the minimum investment?
No. The minimum amount must be evidenced through the investor’s own funds originating abroad. Financing may cover only the portion of the price exceeding that amount.
How long does the initial residence authorization last?
Four years. After that period, the authorization may be changed to an indefinite term, provided that the conditions prescribed by the regulations continue to be met.
Do I need to live in Brazil all year round?
No. RN No. 36 requires a minimum stay of 14 days, whether consecutive or not, in each two-year period calculated from registration with the Federal Police.
Can I sell the property after obtaining residence?
Disposal of the property may affect the immigration basis and should not take place without prior analysis. The regulations require the investment conditions to be maintained for residence to be changed to an indefinite term, and the general framework provides for loss of authorization when its underlying basis ceases to exist.
Can my family also obtain residence?
In various circumstances, yes. The resident investor may act as the sponsoring family member (chamante) for family reunification, subject to the qualifying relationships and requirements under the specific regulations.
Conclusion
Residence through real estate investment brings together an asset acquisition and an immigration procedure. Reaching the minimum amount is necessary but not sufficient: ownership, urban location, the foreign origin of funds, property documentation, foreign exchange flows and maintenance of the investment must all be consistent with the basis for the authorization.
As of this revision, the rules require a minimum investment of R$1,000,000.00 for urban properties in Brazil’s South, Southeast and Central-West regions and R$700,000.00 in the North and Northeast regions. The initial authorization lasts four years and requires a minimum physical presence of 14 days in each two-year period. It may subsequently be changed to an indefinite term if the regulatory conditions continue to be met.
For the foreign investor, the key decision is not simply which property to buy. It is how to structure the acquisition so that the contract, property registration, international remittance and immigration procedure are legally consistent with one another.
How SCCM assists with real estate investments for immigration purposes
SCCM advises foreign investors on coordinating their property acquisition and residence through investment, including a preliminary assessment of eligibility under RN No. 36, property due diligence, the contractual structure, foreign documents, foreign exchange flows and assistance throughout the immigration procedure.
Where the transaction involves alternative corporate structures, assets in more than one country, family members or future tax residence in Brazil, these elements can be assessed together before signing and transferring the funds.