Brazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
January 6, 2026
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Brazil has published a new interministerial ordinance restructuring its humanitarian immigration regime, effective January 1, 2026, which revokes and replaces certain prior country-specific humanitarian visa programs, including those applicable to Afghan and Haitian nationals. Rather than extending those schemes, the ordinance establishes a single, overarching legal framework for humanitarian visas and residence permits. Notably, the ordinance does not provide an automatic list of eligible nationalities. Instead, eligible countries, applicable conditions, and authorized consular posts will be defined through a future joint act issued by the Ministry of Justice and Public Security and the Ministry of Foreign Affairs. Until that act is published, eligibility for new humanitarian visa applications cannot be presumed for any nationality.
Additionally, the issuance of humanitarian visas abroad is now conditional on proof of hosting capacity by a non-governmental organization that has a formal cooperation agreement with the Brazilian government. Once in Brazil, humanitarian visa holders must register with the Federal Police within 90 days and may apply for a two-year temporary residence permit, which authorizes both residence and employment. Holders may later apply for indefinite residence, subject to standard requirements, including limits on absences from Brazil, lawful entry and exit, a clean criminal record in Brazil and abroad, and proof of sufficient financial means. Government fees continue to be waived for principal applicants and their dependents. A key transitional provision protects nationals covered by the revoked ordinances who were already in Brazil as of December 31, 2025, allowing them to apply for humanitarian residence regardless of their immigration status. Key implementation details, including eligible nationalities and practical application procedures, remain pending and are expected to be clarified through further government acts. We will report on relevant developments.
Additionally, the issuance of humanitarian visas abroad is now conditional on proof of hosting capacity by a non-governmental organization that has a formal cooperation agreement with the Brazilian government. Once in Brazil, humanitarian visa holders must register with the Federal Police within 90 days and may apply for a two-year temporary residence permit, which authorizes both residence and employment. Holders may later apply for indefinite residence, subject to standard requirements, including limits on absences from Brazil, lawful entry and exit, a clean criminal record in Brazil and abroad, and proof of sufficient financial means. Government fees continue to be waived for principal applicants and their dependents. A key transitional provision protects nationals covered by the revoked ordinances who were already in Brazil as of December 31, 2025, allowing them to apply for humanitarian residence regardless of their immigration status. Key implementation details, including eligible nationalities and practical application procedures, remain pending and are expected to be clarified through further government acts. We will report on relevant developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
