You have been living in Brazil for a few years and are starting to think about applying for Brazilian citizenship. The first question that always comes up is: have I been here long enough?
The answer depends on your specific situation and that is exactly what this article explains.
Ordinary naturalization is the most common pathway for foreign nationals to obtain Brazilian citizenship. It has objective requirements, clear timeframes and, in certain cases, may be requested before the general four years.
Here is what the law requires and how to calculate whether you are already eligible to submit your application.
Ordinary naturalization
Ordinary naturalization is the modality set forth in Article 65 of Law No. 13,445/2017 – the Brazilian Migration Act and regulated by Decree No. 9,199/2017 and Interministerial Ordinance No. 623, of November 13, 2020. It is available to foreign nationals who hold lawful permanent residence in Brazil and comply with the statutory requirements
Unlike extraordinary citizenship, which requires more than 15 years of permanent residence, ordinary citizenship generally has a waiting period of only four years, with the possibility to reduce it to one or two years given certain circumstances.
Requirements for ordinary naturalization
The requirements are set out in Article 65 of Law No. 13,445/2017:
Legal capacity under Brazilian law
The applicant must be at least 18 years of age or legally emancipated.
Residency in Brazil for the minimum required period
The general requirement is four (4) consecutive years of permanent residency in Brazil.
Communication in the Portuguese language
The ability to communicate in Portuguese must be demonstrated through certificates, diplomas from Brazilian institutions or other documents evidencing proficiency in the language, in accordance with the applicable statutory requirements.
No active criminal conviction in Brazil or abroad
Convictions for which the sentence has been fully served and whose legal effects have been extinguished, or for which legal rehabilitation has been granted, may not bar the application — though each case must be assessed individually.
Reduction of the timeframe: when four years may be less
To 1 year:
- Having a Brazilian child (whether native-born or naturalized, excluding provisional naturalization);
- Having a Brazilian spouse or domestic partner and not being legally or factually separated from them at the time of the application;
- Being a national of a country where Portuguese is an official language and having held permanent residency in Brazil for at least one year.
To 2 years:
- Having rendered or being able to render relevant services to Brazil;
- Being recommended on account of professional, scientific or artistic distinction.
How the residency period is calculated
This is the point that generates the most uncertainty — and the most important one for determining whether you are already eligible to submit your application.
The period is counted from the date on which the applicant was registered as a permanent resident in Brazil at the Federal Police. It is not the date of arrival in the country, nor the date on which a temporary visa was granted — it is the date of registration as a permanent resident. The applicant must have already completed the minimum period at the time of filing.
Attention to absences from the country
Occasional trips abroad do not prevent the granting of ordinary naturalization, provided the proportionality established by the MJSP is observed: a maximum of three months of absence for each year of the required period. For the four-year period, the maximum total absence is one year; for the one-year period, the maximum is three months.
Conclusion
Ordinary naturalization is a genuine and accessible pathway for the majority of foreign nationals who hold permanent residency in Brazil. The main requirement is the length of residency.
The most important step is to determine with precision the starting date of the count, which is not the date of arrival in Brazil, but the date of registration as a permanent resident at the Federal Police. This assessment, carried out with the assistance of a specialist immigration lawyer, prevents premature applications and ensures that the applicant’s eligibility is correctly established before the filing.
If you would like to know whether you are already eligible to apply for ordinary naturalization, contact us for an individual assessment of your case.
This article is intended for informational purposes only and does not constitute legal advice.
For guidance specific to your situation, please contact us.
