Do I get permanent residency right away after purchasing a qualifying real estate in Brazil?
No. You do not get a permanent residency right away.
Let’s explain:
The so-called “Brazil Golden Visa” is based on the “Resolucao Normativa No 36”, a federal regulation that sets the main requirements and rules for the Brazil Golden Visa based through real estate investment. Among other things (as the time of this writing), it covers the minimum investment amount, property requirements, and how the money must be sent from abroad.
There are many other requirements and nuances to this program, which is why we strongly recommend that you secure legal representation before shopping for a property, rather than after you have already committed to buy it.
Regarding “what you get” from this immigration route, Article 3, fourth paragraph states “the allowed legal residency will be of four (4) years.” Article 5 adds that “after the period addressed by the fourth paragraph of Article 3, the legal residency may be changed to “prazo indeterminado” (meaning “undefined period”, which is how the Brazilian immigration refers to the “permanent residency”).
So, the rule here is clear: you get first a temporary residency for 4 years, and later on you can apply to change it to a permanent residency, provided you still own the qualifying property.
What about working in Brazil? Can I work immediately after getting the initial four (4) years residency?
Unfortunately, there is no clear answer. According to immigration officers, in a conversation with our managing partner, this is a gray area.
While it is safe to say that after you secure the permanent residency (four years down the road), you can definitely work for any employer in Brazil, the first four years do not explicitly include employment rights – at least in a clear manner.
Pro-employment factors
The Brazilian constitution views employment rights as an important constitutional individual right. In one of its most important articles, Article 5, it begins by stating: “All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreign residents in the country the inviolability of the rights to life, liberty, equality, security, and property, (under the following terms:..).”
Aside from few specific tracks (e.g., digital nomad), most immigration categories do not explicitly forbid immigrants from working. Given the significant commitment of buying a property in Brazil, it can be argued that holders of the 4-year residency should be allowed to work in Brazil.
Also, there is no law or regulation specifically prohibiting foreign citizens from working in Brazil during their 4-year residency.
Against-employment factors
On the other hand, because no law or regulation clearly states these individuals may work, many traditional employers in Brazil tend to avoid hiring non-permanent residents. In cases of doubt, they usually take the conservative route to minimize risk of litigation or fines. Another factor is that countries like the United States typically prohibit immigrants from working unless they have permanent residency or a specific work authorization.
It’s also worth noting that “residency based on investment in a Brazilian company” can sometimes grant permanent residency right away, without first going through the 4-year residency. However, this path involves substantial obligations (such as creating employment), and we believe that Brazilian labor and tax laws may not be ideal for foreign citizens—especially those from more developed countries—who are just beginning their journeys in Brazil.