Brazilian naturalization
How foreign nationals living in Brazil can acquire Brazilian nationality: types, requirements, documents and steps.
What naturalization is
Naturalization is the act by which a foreign national acquires Brazilian nationality, under Article 12, II, of the Brazilian Constitution and the Migration Law (Law No. 13,445/2017). The application is decided by the Ministry of Justice and Public Security, and naturalization takes effect upon publication in the Official Gazette.
Naturalized citizens generally have the same rights as native-born Brazilians, with the few exceptions set out in the Constitution, such as certain offices reserved for native-born citizens.
Types of naturalization
| Type | Main requirement |
|---|---|
| Ordinary | 4 years of residence in Brazil (reduced to 1 year in certain situations), legal capacity, ability to communicate in Portuguese and no criminal conviction. |
| Extraordinary | More than 15 uninterrupted years of residence in Brazil and no criminal conviction. |
| Special | Spouses or partners of members of the Brazilian Foreign Service or of persons serving the Brazilian State abroad, and former employees of Brazilian diplomatic or consular missions, as provided by law. |
| Provisional | Children and adolescents who settled in Brazil before the age of 10; it may become permanent after reaching legal age. |
Ordinary naturalization
Requirements include legal capacity, at least 4 years of residence in Brazil, the ability to communicate in Portuguese and no criminal conviction (or rehabilitation).
The residence period may be reduced to 1 year if the applicant:
- has a Brazilian child;
- has a Brazilian spouse or partner and is not legally or de facto separated;
- has rendered or can render relevant service to Brazil; or
- stands out for professional, scientific or artistic ability.
Portuguese-speaking countries. For nationals of Portuguese-speaking countries, the Constitution requires only one uninterrupted year of residence and good moral character.
Extraordinary naturalization
Provided for directly in the Constitution for those who have lived in Brazil for more than 15 uninterrupted years and have no criminal conviction, upon request. Once the requirements are met, it is treated as the applicant's right.
The application
- The application is filed online, on the federal government platform.
- The Federal Police collects biometric data and checks the documents.
- The Ministry of Justice and Public Security reviews the application and may request additional information.
- If granted, the naturalization is published in the Official Gazette.
- The new citizen must then register with the Electoral Court within one year.
Why have a lawyer from the start
The naturalization application is administrative and may be filed by the applicant. But it builds the record that, if the application is denied, will be examined by the Federal Courts. What was (or was not) proven in the application usually weighs heavily at that stage, and a poorly prepared application can limit your options later.
- the right type and residence period from the outset: a mistake in counting residence time or in choosing the type can lead to denial;
- complete documents the first time: apostilled and translated foreign certificates, proof of Portuguese and proof of the situation that reduces the residence period, avoiding requests that delay the review for months;
- timely answers to requests: an unanswered request may lead to the application being closed or denied;
- a record ready for court: the application is prepared with a possible Federal Court action in mind, with the evidence and arguments already on file;
- if the application is denied: an administrative appeal or a Federal Court action, building on what is already on record.
What is at stake. With naturalization, you can vote, hold a Brazilian passport and sit for public service exams, and you no longer depend on the immigration rules that apply to foreign nationals. Every poorly answered request or denial postpones these rights.
FAQ
I am married to a Brazilian. What is the minimum residence period to apply for naturalization?
As a rule, 1 year, provided the couple is not legally or de facto separated. The other requirements of ordinary naturalization still apply, and how the marriage and residence are proven makes a difference.
Do I need to prove I speak Portuguese?
For ordinary naturalization, yes, taking each person's circumstances into account. Nationals of Portuguese-speaking countries and extraordinary naturalization follow their own rules.
Will I lose my original nationality?
Brazilian law does not require you to renounce your original nationality. What happens to it depends on the laws of your country.
What if the application is denied?
An administrative appeal is available and, depending on the case, a lawsuit in the Federal Courts. At that stage, what was submitted in the original application weighs heavily, so it is worth preparing it carefully from the start.
Legal basis: Brazilian Constitution, Art. 12, II; Law No. 13,445/2017 (Migration Law), Arts. 64 to 73; Decree No. 9,199/2017. Informational content; it does not replace an individual case review.
Shall we talk about your case?
Book an online consultation of up to 45 minutes, in English or Portuguese, to understand the right path for your situation.