# Brazil Residence — Time Away

Residency rule, Brazil. Page: https://usecountr.com/trackers/residency-br-residence/

## Summary

A foreigner with a residence permit in Brazil can lose it after an absence from the country of more than two years with no justification. The two years are one absence in a row, not the total of several trips. The loss is not automatic: the government must open an administrative process, and you have the right to answer before a decision. The rule is in article 135 of Decree 9.199 of 2017, and the Ministry of Justice and Public Security decides, with the Federal Police.

- Limit: Two years outside Brazil in one absence
- Period: One absence, from the day you leave to the day you return
- What is counted: Time outside Brazil, in a row
- Law: Decree 9.199 of 2017, article 135, item III, and article 137
- Run by: Ministry of Justice and Public Security, with the Federal Police

## Who it applies to

- Foreigners with a Brazilian residence permit who take a job or a study place in another country for some years.
- Residents who go back to their home country to care for a family member and do not know how long they will stay.
- People who got residence through family, investment or retirement and spend most of their time outside Brazil.
- Residents who plan to apply for Brazilian citizenship later and want to keep their residence alive.

## The rule

Decree 9.199 of 2017 is the regulation of Brazil's Migration Law, Law 13.445 of 2017. Article 135 of the decree lists three cases in which the loss of a residence permit is declared: the reason for the permit has ended, the person got a residence permit on a different basis, or the person was absent from Brazil for a period of more than two years without presenting a justification. This page is about the third case, in item III.

The loss does not happen by itself on the day the two years pass. Article 137 says that a declaration of loss, like a cancellation, must come after an administrative procedure that respects the right to be heard and the right to a full defence. Article 33 of the Migration Law asks for the same guarantees. So the authorities must open a case, tell you, and consider your answer.

The words "without presenting a justification" matter. The decree does not give a list of accepted reasons. A person who was away for more than two years can explain why, with documents, and the authority decides. The decree also does not say that separate trips are added together: it speaks of an absence for one period longer than two years.

Article 135 has a duty that is easy to miss. You must tell the Federal Police when you stop meeting the conditions on which your residence permit was granted, while the permit is valid. This is a different ground from absence, but a long stay abroad can also end the reason for the permit, for example a job in Brazil.

Why it exists: A residence permit exists for people who really live in Brazil. The state does not want to keep permits open for people who left many years ago and have no link to the country any more. Two years is a long limit, and the justification and the formal process protect people who had a good reason to be away, such as illness or work.

## Counting the days

You count the time you are outside Brazil in one absence. The count starts when you leave and ends when you come back into Brazil.

1. Find the date you last left Brazil, from your passport stamp or ticket.
2. Add two years to that date. This is the date on which the absence reaches two years.
3. Plan to be back inside Brazil before that date.
4. If you cannot return in time, collect documents that explain the absence, such as medical or work records.
5. After you return, the count starts again from zero on your next departure.

How Countr counts it: Countr counts the days of your current absence from Brazil and shows them against a limit of 729 days. Two years is 730 or 731 days, so Countr uses 729 to warn you early, never late. The card watches only the absence you are in now. If an earlier absence already went over two years, the card shows nothing about it, so check your History. If Countr cannot see where you were on a day, the count starts over, which makes the number smaller and never bigger. Countr cannot know whether you have a justification, and it cannot know what the authorities will decide.

## Examples

### Back before two years

Kofi has a Brazilian residence permit and leaves on 1 February 2025 for a work contract in Portugal. The two-year date is 1 February 2027. He returns to Brazil on 20 January 2027, after 717 full days away. His absence is shorter than two years, so the absence ground in article 135 does not apply. Countr would have shown him near its limit of 729 days.

### Two years and two weeks away

Mariam leaves Brazil on 15 June 2024 to care for her mother and returns on 30 June 2026. Her absence is longer than two years. The loss of her permit can be declared, but only after an administrative procedure in which she can defend herself. She presents hospital records as her justification, and the authority decides if this is enough.

### A visit home in the middle

Pablo leaves Brazil on 1 February 2025. He comes back for a visit from 10 to 20 December 2025 and then leaves again. The decree speaks of one period of absence, and his first period lasted less than 11 months. A new absence starts on 20 December 2025, and it reaches two years on 20 December 2027.

## Exceptions

- An absence with a justification does not lead to loss under item III. The decree does not list the accepted reasons, so the authority judges each case.
- Loss must be declared after an administrative procedure with the right to be heard. Until that decision, the permit is not lost only because time passed.
- A permit can end for other reasons with any length of absence, for example when the reason for the permit has ended. This is item I of the same article.
- Cancellation is a different thing. Article 136 allows it at any time for fraud or for hiding a fact that would have blocked the permit.
- Brazilian citizens are not affected. The rule is only about residence permits of foreigners.

## Common misconceptions

- "My permit dies on the first day after two years abroad." No. The decree says the loss is declared, and article 137 requires an administrative procedure first. You can present a justification and defend yourself.
- "All my trips abroad are added up to two years." The decree speaks of an absence for a period of more than two years. It does not say that separate trips are added together. Each return to Brazil ends one absence.
- "If I own a flat in Brazil, my residence is safe." Owning property does not replace living in Brazil. The Migration Law says that owning property does not give a right to a residence permit, and article 135 looks at your absence, not at what you own.
- "Absence is the only way to lose a residence permit." Article 135 has two more cases: the reason for the permit ended, or you got a permit on another basis. Article 136 adds cancellation for fraud.

## Questions and answers

### How long can I stay outside Brazil without losing my residence permit?

Up to two years in one absence. Article 135 of Decree 9.199 of 2017 allows the loss of the permit to be declared after an absence of more than two years without a justification.

### Does a short visit to Brazil restart the two years?

The decree counts one period of absence, so a real return ends that period and a new one starts when you leave again. The authorities look at the whole situation, and a permit can still end if its reason no longer exists.

### What counts as a justification for a long absence from Brazil?

The decree does not give a list. You present your reason and your documents, and the authority decides in the administrative procedure. Keep written proof of why you were away.

### Who decides that my Brazilian residence permit is lost?

The Ministry of Justice and Public Security sets the procedure, and the Federal Police handles migration records and registration. The decision comes after a process in which you can answer.

### Does this rule affect my application for Brazilian citizenship?

It is a separate rule, but long absences hurt both. Ordinary naturalisation needs four years of residence just before you apply, with limits on trips abroad. See the tracker Brazil Citizenship — Time Away in 4 Years.

## Sources

- [Planalto — Decree 9.199 of 2017, articles 135 to 138](https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2017/decreto/d9199.htm)
- [Planalto — Law 13.445 of 2017 (Migration Law), articles 33 and 35](https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2017/lei/l13445.htm)

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Countr is an app for iPhone that counts your days in every country for visa, tax and residency rules, from the photos on your phone and your location. It explains rules and counts days. It does not give legal or tax advice. https://apps.apple.com/app/country-days-tracker-countr/id6810720800