Real Estate Investment Visa: Normative Resolution No. 36

Portuguese translation of the Resolução Normativa No. 36 from the Conselho Nacional de Imigração published on: Monday, August 12^th, 2020, at 3:55 PM | Last update: Monday, August 12^th, 2022, at 3:55 PM

NORMATIVE RESOLUTION No. 36 OF OCTOBER 9^th, 2018

It rules the granting of a residence authorization as a result of real investment in Brazil.

PUBLISHED ON THE OFFICIAL GAZETTE No. 223, of November 21^st, 2018, Section 1, Page 162

THE NATIONAL IMMIGRATION COUNCIL, a member of the basic structure of the Ministry of Labor, exercising its competence to create a policy for labor immigration, in accordance with the provisions of Law No. 13,502, of November 1^st, 2017, and by means of the powers granted by Decree No. 840, of June 22^nd, 1993, and Decree No. 9,199, of November 20^th, 2017, hereby states that:

          Art. 1. The Ministry of Labor will be entitled to grant a residence authorization, pursuant to the provisions of Art. 35 of Law No. 13,445, of May 24^th, 2017, and Articles 42 and 151, introduction, of Decree 1,199, of 2017, to an individual seeking to invest, by means of its own resources of external origin, in real estate in Brazil with the potential to generate jobs or benefits for the Country.

          Art. 2. The granting of the residence authorization for real estate investment purposes is subject to the acquisition of real property located in an urban area, for a price equal to or above R$ 1,000,000.00 (one million Brazilian Real), which could be for:

                           a) the acquisition of built real estate; or

                           b) the acquisition of real estate under construction.

§ 1. The minimum investment value may be inferior to the 30 % of the total amount stated in the introduction of this Article, when the acquired real estate is located in the North and Northeast regions of the Country.

§ 2. The interested party shall prove the real estate investment, as provided for in this Resolution, through the acquisition of more than one real property as the owner, provided that all properties correspond to the amount stated in the introduction or § 10 of this Article.

          Art. 3. The previous residence authorization request, for the granting of a temporary visa, will be analyzed by the Ministry of Labor, by means of the submission of the following documents:

                  I – In those cases provided under “a”, Article 2:

                       a) General Registration of the Real Property, as evidence of the ownership of the investor’s real estate, free of liens and encumbrances;

                        b) statement of a credit institution registered in the Country or authorized by the Central Bank of Brazil to operate in the national territory, proving the international capital transfer destined to the acquisition of real estate in the amount defined in the introduction of Art. 2, with the exception of the provisions of § 1 of Article 2.

                  II – In those cases provided under “b”, Article 2:

                        a) A dully registered Promise of Purchase and Sale Agreement for the involved real estate;

                        b) A statement of a credit institution registered in the Country or authorized by the Central Bank of Brazil to operate in the national territory, proving the international capital transfer destined to the acquisition of real estate or its payment, as a down payment in the Promise of Purchase and Sale Agreement, for the amount defined in Article 2, except for the provisions in § 1 of Article 2;

                        c) Building permit issued in accordance with the provisions of the Brazilian Laws; and

                        d) Dully registered building code compliance documents.

                    III – Other documents provided in the Normative Resolution No. 1, of 2017, of the National Immigration Council (CNIg, by its acronym in Portuguese).

      § 1. The co-ownership regime may be accepted, provided that each interested co-owner has invested the amount defined in the introduction of Article 2, with the exception of the provisions in § 1 of Article 2.

      § 2. The value of the real estate investment could be subject to financing in the portion that exceeds the amount of R$ 1,000,000.00 (one million Brazilian Real), except for the provisions of § 1 of Article 2.

      § 3. Whenever it deems it appropriate, the Ministry of Labor will carry out on-site diligences in order to verify whether the investment has taken or is taking place.

      § 4. The residence term provided in the introduction will be of 2 (two) years.

          Art. 4. The interested party staying in the national territory may receive the residence authorization from the Ministry of Labor, in accordance with the provisions of Art. 151 of the introduction of Decree No. 9,199, of 2017, subsequently to the submission of the documents stated in Art. 3.

          Sole paragraph. The residence term provided in the introduction will be of 2 (two) years.

          Art. 5. The real estate investor shall stay in the national territory for at least 30 (thirty) days during the term provided in the residence authorization, counted from its registration by the Federal Police.

          Art. 6. The renewal of the initial term of residence, for a period of up to 2 (two) years and the subsequent modification of the residence term, for an indefinite term, shall comply with the provisions of the Normative Resolution No. 30, of June 12^th, 2018, of the National Immigration Council (CNIg).

          Art. 7. This normative resolution enters into force on the date of its publication.

HUGO MEDEIROS GALLO DA SILVA

President of the National Immigration Council

Note: resolution 36 visa for permanent residency in Brazil is also known as the Brazil Golden Visa.

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