Brazil Authorizes Legal Residency for Digital Nomads January 24, 2022

Thank you for this information abthree!!! I have been trying to figure out the best path to residency and this might be it!  Super excited about the possibility.

01/29/22

KellyMarieD

This is a brand new policy, so if you pursue it, you and the officials will be learning it together.  Be patient, and please let us know how it goes.

I will be back in Rio mid March and will speak with an Attorney and an accountant there. I will let you know how the process goes. Thank you again.

Hi,

I’m Polish and I’ve been in Brazil as a tourist illegally for over a year due to the pandemics bands. I’ve been fined with 10000 rais. I’m leaving Brazil 16th of March 2022. I’m trying to appeal to wave my fine. What would you suggest me to do? I don’t have money to pay it now. Do you think I should try to apply for digital nomad residency while I’m still here?

Im going to have a second passport when I’m back in Europe? Do you think I can return to Brazil anytime on the second passport and I won’t be fined?

I would appreciate your help.

Jawaf wrote:

Hi,

I’m Polish and I’ve been in Brazil as a tourist illegally for over a year due to the pandemics bands. I’ve been fined with 10000 rais. I’m leaving Brazil 16th of March 2022. I’m trying to appeal to wave my fine. What would you suggest me to do? I don’t have money to pay it now. Do you think I should try to apply for digital nomad residency while I’m still here?

Im going to have a second passport when I’m back in Europe? Do you think I can return to Brazil anytime on the second passport and I won’t be fined?

I would appreciate your help.

_____

Typically, your overstay fine is paid when you re-enter Brazil, not when you leave.

If you are from Poland, has Poland actually blocked your re-entry during Covid since you are Polish?

Not to be the bearer of bad news, but if you "don't have the money to pay" your overstay fine, are you going to be able to financially qualify for Digital Nomad Visa?

Personally, I understand that the new digital system of passport control will know who you are no matter how many passports you have changed.

Thank you for your reply. I’ve got residency in the UK. So I couldn’t returned to the uk because my flights were Canceled.

Finally I’ve got the ticket in March.

How much do I need to earn as the digital nomad?

Do you think I should first focus on waving the fine and then getting the visa. Or I should do both?

Jawaf wrote:

Thank you for your reply. I’ve got residency in the UK. So I couldn’t returned to the uk because my flights were Canceled.

Finally I’ve got the ticket in March.

How much do I need to earn as the digital nomad?

Do you think I should first focus on waving the fine and then getting the visa. Or I should do both?

_____

First, anything is possible in Brazil.
About the Digital Nomad Visa requirements, look at the first post in this thread, from Abthree, it was all listed there

02/06/22

Jawaf,

Changing your visa status (e.g. going back to Britain, getting a Digital Nomad visa, and returning on that) will not relieve you of the fines that you've incurred to date, but it will let you return, even if you've burned through all of your tourist visa days.

If you don't pay your fine before leaving, figure on interest of 1% per month between the date of your departure and the date of your return, and have the R$10,000 (or equivalent in GBP) plus the accumulated interest on you when you return, to be safe.  if you don't need it, you'll still be ahead.  (see  post #92 on this thread for the source of the 1%: https://www.expat.com/forum/viewtopic.p … =3#5342846)

The interest could be formidable, you have a chance at getting the interest waived,its dicey because many times you may not be able to talk to a PF agent directly, could be brokered by an airline rep,additionally they may want payment in cash,in my case,they waived the interest, may have been because of the cv 19 situation?

WOW. thank you abthree. I'm in shock. It's exactly what I was looking for.

... I went through the requirements. It doesn't state that the job contract needs to be legalised neither translated. (the birth certificate instead it's mentioned that it needs to be legalised and sworn translated).

I try to go to Lapa or Guarulhos tomorrow in order to get some answer (I'm pretty sure they'll be like: Nomad Visa? What's that? lol

anyways @abthree, thanks again for this Info. 

You can appeal the fine within 10 days after having received it. So if you’re still within that time period, you can appeal by email. The address I used was (migracao.ba@dpf.gov.br), but it might be a different address for your appeal, it depends where you have been fined. I didn’t have the correct address at first (same office from another state), but they were kind enough to answer me within a day, with the correct email address. So make sure to mention where you have received your fine, it will make it possible for them to give you the address.
If you have a good reason they can absolutely waive it, they did it for me. However my overstay was only 7 days , and I had proof of a canceled flight. I’m afraid it will be harder to come up with something credible for a longer time.
My friend had missed the 10 day deadline, and his appeal was immediately refused on these grounds.

Jawaf wrote:

Thank you for your reply. I’ve got residency in the UK. So I couldn’t returned to the uk because my flights were Canceled.

Finally I’ve got the ticket in March.

How much do I need to earn as the digital nomad?

Do you think I should first focus on waving the fine and then getting the visa. Or I should do both?

02/08/22

mitchel85 wrote:

...

I try to go to Lapa or Guarulhos tomorrow in order to get some answer (I'm pretty sure they'll be like: Nomad Visa? What's that? lol

Mitchel,

I'm afraid you're right.   You'll be a pioneer, and that can be an uncomfortable place to be.  😥

Good luck!  Please let us know how it goes.

Sounds about right,however you may still be able to get your interest waived,even if you lose appeal,happened  to me.Interest could be substantial,covid is an issue that may help,on appeal of interest charge.

I am licking my chops.  Hopefully I can book rentals and one or another sale.

02/08/22

sprealestatebroker wrote:

I am licking my chops.  Hopefully I can book rentals and one or another sale.

I really hope that this works out.  You provide a lot of good advice to expats, and it can be a true value-add in a frenetic city like São Paulo.

I'm concerned that this program might turn out to be another bait-and-switch, "what the large print giveth, the small print taketh away" situation that happens too often with new regulations in Brazil.  The requirement to provide documents "proving the status of digital nomad" seems to give ample opportunity for officials who aren't on board with the program to reject reasonable applications.  What happens with the first applicants is going to tell us whether this is the breakthrough that it could be.

@abthree

" ....and that can be an uncomfortable place to be."  - so true hahah! *rir pra não chorar

Thank you. I’ve applied to wave back the 10000 rais fine. I’m flying back to London on the 16th of March. Do you think I’m going to have the answer back within this time of my departure. If not what should I do? Should I leave Brazil anyway without paying the fine and hoping for the best? On top of the fine there is also the 6 months band before  returning to Brazil. Am I right? Does it mean that in any case I won’t be able to fly back to Brazil for 6 months. Either my fine was waved out or not?

If the fine hasn’t been lifted then I have to pay the fine of 10000 + 6% interest right @ 10600 (including 6 month band to travel to Brazil) right?

While I’m waiting for my departure to Europe and the fine’s outcome can I apply for digital nomad visa or investor’s visa? Do you think i could manage to get it in such a short time? Im legally now in Brazil until my departure 16th of March and even longer until April. I’m not sure if it makes sense to apply for this visa now as it has limited time of 1 year. If I can return to Brazil after 6 months of band then what’s the point? I’ve tried to access the website you suggested from my phone but it was impossible to fill in the application form. http://migranteweb.mte.gov.br/migrantew … gital.seam
Do you think it’s not mobile friendly.
They ask for the criminal record. How to get that check here in Brazil?

Do you think it’s better to apply for investor’s visa rather then digital nomad one? Does investors visa has longer longevity?

What’s the easiest and quickest way to get visa for longer stay than 3 months?

Let’s say I return back to Brazil as a tourist and before the end of my three months stay I’ll go to another South American country. Can I return back to Brazil after one day or I can only renter Brazil after three months of being in another than Brazil country?

Is the same rule for poles and brits in terms of Tourism visa? I’ve read here on forum that brits can have 180 days visa in one go? Is that truth?

Initially before my tourism visa expired I’ve tempted to extend my 3 months time as polish tourist. It was rejected by the policia federal. Even after I have presented the proof that my return flight was cancelled due to the pandemics.

I’m quite confused about all these different rules. Very often they don’t make any sense. For everyone it works differently. I would expect the rules to be set up the same for everyone. Maybe I’m missing something…

Anyway there are few question in the message. I hope to get some answers based on your expertise and experience people.

Thank you for your help in advance 🙏

Lot of legal stuff,sometimes its luck ,depending whom you talk to,a retired FP agent once tolded me,address these matters b4 u leave.

02/10/22

Jawaf,

Poland and the UK are the same:  90 days, plus an extension of 90 days at the discretion of the Federal Police, to a maximum of 180 days per year.   

Poland must've had its own agreement with Brazil before joining the EU.  Most EU members have 90 days in every 180, with no extensions allowed,  but they can return for another 90 days, also for a total of 180 in a year.  EU members with previous agreements with Brazil weren't required to opt in to that plan

Jwaf,
If you are worried about a $R10.000,00 fine, do you have R$ 500,000 BRL (~$100k USD) Commercial investment or
R$ 700,000 BRL to R$ 1,000,000 BRL (~$200k USD)?700k BRL on North & Northeast, or 1,000,000 BRL South, Southeast & Midwest for individual investor OR legal entity investor. This process is simple and very straightforward. Investments also have to be in an already existing Brazilian business or a new company. You will deal with the Brazil Central Bank and Brazil's ministry of labor on business. Real Property is different. (These visas are normally obtained at a BR Consulate.)

If you leave without paying multa, You will have a much larger amount the next time you try to enter.

Poland is a BR waiver country for 90 days as is the UK. You can apply for another 90 extensions with proof of having enough money. It is not automatic. I have seen personally many apply and say they will stay with a friend. That friend will have to give you a sponsor form to help with this answer. During this time the clock remains ticking on the multa if not approved.

Entry is based on your passport. Therefore going to another country will not help in re-entering BR.
The laws/regulations apply to all tourist visas. Within 90 days you should have acted. Now you are reacting to try to go around the laws

Thank you, so after 30 days of being in Brazil on tourist visa I can leave Brazil and visit any other country. Then I can return back to Brazil after few days or weeks and get another tourist visa for 3 months. Is this how it works? Or i can renter Brazil only after 3 months of being abroad?

No. You have 90 days counted from the date of the first entry into the country.
If you leave and come back after 180 days, you may have another 90 days

It is supposed to be 180 days within a 12 month time.  However, I came in Nov. of 2020 stayed 90 days.  Returned in June of 2020 stayed for another 30 days or so.  Came again in Nov of 2021.  I counted that I should have only had 57 days but they gave me 90 days on the entry stamp.  I have a 10 year visa though, not the new no visa visa. lol.

@abthree, you were absolutely right about the "uncomfortable place to be"

Just got back from PF - Lapa.

So as always they told me to skip the line and head directly to the third floor Visa Extensions.

As you could have guessed: NO ONE had any clue about this Resolução CNIG MJSP Nº45 There was a younger employee and he asked his supervisor. On mid aged guy, very arrogant, without any mask btw, told me that "such a nomad visa" didn't exist and that I need to show a proof of a Brazilian company in order to get a work visa. He left by saying "capiche?".

I grabbed your post including the link and the younger friendly guy wrote down the Resolução and googled it. He actually took his time to care about. He printed out a form but he highlighted a paragraph stating

"O interessado que se encontre no território nacional poderá requerer a autorização de residência prevista nesta Resolução ao Ministério da Justiça e Segurança Pública, desde que apresentados os seguintes documentos"

So actually it was my bad that I missed this part, but obviously I'd never guessed that this kind of permission would be processed by the ministry of justice. Ay Brasil!

So now... it get's tricky. Do you know if there is this ministry in São Paulo? I believe they are only in Brasilia.

The online option doesn't do it for me because they ask you to buy e-cpf in order to submit the documents online via https://portaldeimigracao.mj.gov.br/pt/migranteweb
In order to use this digital certification, you need to be previously registered.. come on:

This site:

https://www.gov.br/pt-br/servicos/obter … ao-digital

leads you to this online shop where you buy a 1 year e-CPF A1 Certificate:

https://www.loja.serpro.gov.br/certificacao?lang=en

In order to get certified online by video, it says:

"Available only for those who already have biometrics collected by Serpro or a driver's license registered in the DENATRAN database with a photo (all CNHs renewed/issued from 2017 onwards). Click and consult, informing your CPF."

When I use the other option via correios: https://www.correios.com.br/atendimento … do-digital

And I try to buy the A1 Certificate for 1 year for 153 Reais. It says the website is not secure.

this is a nightmare.

Since I'm unable to use the online option, do I need to travel to Brasilia now? And what if they tell me at the ministério there, that I need to use the online option?

@abthree @tex, do you have any further advice?

I've 6 days left according to my passport stamp. I can't apply for an extension, as they've told me. I'm a nomad worker and I comply all the requirements for this nomad permission and even though I'm tech savvy this online process is more than confusing. I think my only option is a bus trip to Foz de Iguaçu! 

@abthree, you were absolutely right about the "uncomfortable place to be"

Just got back from PF - Lapa.

So as always they told me to skip the line and head directly to the third floor Visa Extensions.

As you could have guessed: NO ONE had any clue about this Resolução CNIG MJSP Nº45 There was a younger employee and he asked his supervisor. On mid aged guy, very arrogant, without any mask btw, told me that "such a nomad visa" didn't exist and that I need to show a proof of a Brazilian company in order to get a work visa. He left by saying "capiche?".

I grabbed your post including the link and the younger friendly guy wrote down the Resolução and googled it. He actually took his time to care about. He printed out a form but he highlighted a paragraph stating

"O interessado que se encontre no território nacional poderá requerer a autorização de residência prevista nesta Resolução ao Ministério da Justiça e Segurança Pública, desde que apresentados os seguintes documentos"

So actually it was my bad that I missed this part, but obviously I'd never guessed that this kind of permission would be processed by the ministry of justice. Ay Brasil!

So now... it get's tricky. Do you know if there is this ministry in São Paulo? I believe they are only in Brasilia.

The online option doesn't do it for me because they ask you to buy e-cpf in order to submit the documents online via https://portaldeimigracao.mj.gov.br/pt/migranteweb
In order to use this digital certification, you need to be previously registered.. come on:

This site:

https://www.gov.br/pt-br/servicos/obter … ao-digital

leads you to this online shop where you buy a 1 year e-CPF A1 Certificate:

https://www.loja.serpro.gov.br/certificacao?lang=en

In order to get certified online by video, it says:

"Available only for those who already have biometrics collected by Serpro or a driver's license registered in the DENATRAN database with a photo (all CNHs renewed/issued from 2017 onwards). Click and consult, informing your CPF."

When I use the other option via correios: https://www.correios.com.br/atendimento … do-digital

And I try to buy the A1 Certificate for 1 year for 153 Reais. It says the website is not secure.

this is a nightmare.

Since I'm unable to use the online option, do I need to travel to Brasilia now? And what if they tell me at the ministério there, that I need to use the online option?

@abthree @tex, do you have any further advice?

I've 6 days left according to my passport stamp. I can't apply for an extension, as they've told me. I'm a nomad worker and I comply all the requirements for this nomad permission and even though I'm tech savvy this online process is more than confusing. I think my only option is a bus trip to Foz de Iguaçu! 

This was really too long to read through all of it but are you trying to get a CPF?  I am working on that right now also.  There are so many variations of what you can do, but I did send an e-mail and they came back and said it was incomplete and send it again complete.  The websites are a mess.  If you are trying to get a CPF via e-mail message me and I can send you a copy of their e-mail to me.  That said, I am in Curitiba so the email will probably be different.  There was a list by city of them; I'd have to find it again.

CPF. I just walked into the correios, paid, and got the paper card. Had it laminated. You can get a CPF at the RF offices.

02/16/22
Mitchel85

Now I'm confused!  The Polícia Federal IS the division of the Ministry of Justice that handles Authorizations for Residency, and I don't know of any other.

Try filling out the Application for Authorization for Residency at the PF site on your computer, and see whether you can.  The form may have already been updated by Brasília in the background.

If that doesn't work, I would print out a copy of the Resolution, in color, with the Diário Oficial headers and footers clearly visible, and that clause highlighted, and ask the Polícia Federal at the airport how to apply.  Print important things out, don't ask the Polícia Federal to read them on your phone; as you're learning, it just pisses them off. 

The only other thing I can think of is that the Ministry of Justice probably has a regional office of some kind in São Paulo.   You could go there - with your printout in hand - and inquire, although they'll probably just send you to ...

The Polícia Federal!

*ETA*  My post at the top of this thread lists the documents you'd need, plus the usual documents, including the criminal background checks from everywhere you've lived over the past five years.   Do you have all that?

02/16/22  CPF

Texanbrazil wrote:

CPF. I just walked into the correios, paid, and got the paper card. Had it laminated. You can get a CPF at the RF offices.

Same for me, except that I went to the Receita Federal.  I wasn't a permanent resident yet, still on a VITEM II temporary visa.  Walked into the office, walked out with a CPF.  Easiest Brazilian process ever, although getting my SUS card came close.

abthree is correct PF is the migration part of the MJ as well as many other situations.
I see no other way. but apply.
From my understanding, this very new law pertains to; Foreign nationals who will be able to apply for this visa type at a Brazilian consular facility in their home country or country of residence. Required documents, including proof of valid health insurance and proof of a work or service contract that will allow the foreign national to work as a digital nomad, must be presented.
In addition to the above, most requirements will be the same as the other PR documents listed in the PR sites.
If in Brazil PF has jurisdiction.

02/16/22  Residency as Digital Nomad

Note on the "Formulários" page of the "Residência" area of the Polícia Federal site,

https://www.gov.br/pf/pt-br/assuntos/im … ormularios

The ninth application form listed:

Casos não previstos expressamente na Lei nº 13.445/2017

This form is not accessible from the usual application page, but it is from the "Formulários" page, and the link leads to a live form for requesting residency for "outras hipóteses". 

I'd give this one a try.

Why do you suggest using this one? I'm completing it and not quite understanding what we expect it to do?

Thanks.

02/19/22

All of the other application forms are for a specific purpose.   This form is for "cases not specifically forseen in Law No. 13445/2017", the current Law of Migration.   Residency on the basis of being a digital nomad was not discussed in the law.  It was only created recently,  so this would be the application form for it, for anyone already in Brazil who didn't obtain the new visa from a Brazilian Consulate abroad, but wants to try to obtain a Residency Authorization from the Federal Police on this basis.

@abthree,

sorry I missed this reply. Thanks you as always    Def no "resolução" showing on phone, I print and highlight the parts. Learned from that.   

abthree and texan.

I'm still confused why the PF employee told me that the request can't be done at the PF in Lapa and I should contact Ministerio de Justica.

The "ministerio de Justiça in São Paulo" I found on google maps, sent me to a shoe store in São Paulo centre....

As you say, PF is the migration part of the Ministerio de Justica, so it's their task.. but I'm hitting against a wall when they insist that they are not in charge for the new nomad visa.

I give up....

Honestly, I prefer just to overstay and pay the 10.000 R$ once I need to leave. It's less of an headache than arguing in Lapa.

True, in traditional Brazilian Fashion, they will make matters more complicated than it is worth.

Bureaucracy is maddening here.

02/21/22

mitchel85 wrote:

As you say, PF is the migration part of the Ministerio de Justica, so it's their task.. but I'm hitting against a wall when they insist that they are not in charge for the new nomad visa.

I give up....

Honestly, I prefer just to overstay and pay the 10.000 R$ once I need to leave. It's less of an headache than arguing in Lapa.

It may well be that the only way to to take advantage of the new policy until the Polícia Federal have seen a couple of legal digital nomads and know how to work with them would be to go back to Germany, get the visa at the Brazilian Consulate responsible for your Land, and return with it.  Faced with the actual visa, the PF would have to learn how to deal with it.  That would also keep you from having to overstay.

I have been following this thread closely as I am trying to decide if I should pivot from my attempts to obtain the Family Reunification visa or if I should go for this digital nomad visa.

Does anyone have a clue as to the tax implication from either?  I have permission to work in Brazil from my employer (some strings attached such as having to pay for my own travel back for mandatory on-site meetings, etc) and I believe I am on the hook for all of the taxes owed to Brasil at the end of the year.  I am working with an accounting firm here to figure that out.

The whole process kind of stinks.  I went to PF HQ on Friday to extend my tourist Visa and the system was down.  While I was there I spoke to a fellow gringo about the digital nomad visa being an option.

I am getting better at Portugese but I can't understand the website that ABT linked.  Is there any indication of the tax implication for the Digital Nomad visa?  Or is the plan for the nomads to pump up the economy through sales and sales tax?