Updated October 2026 · Legal review: Isadora Rizzi, lawyer (OAB/PR 75.878)
Many immigrants end up with irregular status in Brazil because they overstayed their visa or did not know they had to apply for a residence permit. Brazil’s Migration Law (Law No. 13,445/2017) makes it clear that irregular migration is not a crime, but there are administrative consequences, and there are ways to regularize.
What happens to someone with irregular status?
- A fine for each day of irregular stay, up to a legal cap.
- Possible notification to regularize by the Federal Police, with a deadline to leave the country or regularize.
- Without regularization, risk of deportation, which is an administrative measure and not a criminal penalty.
What are the routes to regularize?
The Migration Law provides several residence permits that can be requested from within Brazil, such as:
- family reunion (spouse, partner, Brazilian child, among others);
- work, with a formal job offer;
- the Mercosur Residence Agreement, for nationals of member countries;
- CPLP residence, for nationals of Portuguese-speaking countries;
- humanitarian reception and refugee status, when applicable.
Does having a Brazilian child help?
Yes. Having a Brazilian child allows you to apply for residence by family reunion and, in the future, reduces the residence period required for ordinary naturalization.
Which documents should I gather?
- Passport or ID, even if expired.
- Documents proving the relationship or the residence basis.
- Criminal record certificates, when required.
- Proof of address in Brazil.
Learn about regularizing your status →
Legal basis
- Law No. 13,445/2017, arts. 3, 30, 50 and 109.
- Decree No. 9,199/2017.
Frequently asked questions
Is irregular stay in Brazil a crime?
No. The Migration Law prohibits treating irregular migration as a crime. There are fines and administrative measures.
Will I be deported if I apply to regularize?
Applying to regularize is precisely the way to avoid deportation. Each case needs to be reviewed.
Do I have to pay the fine to regularize?
Generally the fine is charged in the process. Some exemptions are provided in the regulation.