Reinstatement of Tourist Visa Requirements for U.S. Citizens
In the realm of law, changes such as the introduction of new statutes, orders, and diplomatic pacts by various nations are commonplace.
Staying alert to these modifications is crucial for accurate information and keeping abreast of developments in this sector.
As of March 2023, under President Lula’s administration, the annulment of Decree n. 9.731 from 2019 has taken place. This decree previously allowed U.S. citizens and others to enter Brazil without a visitor’s visa (tourist visa) unilaterally.
What does this mean for U.S. travelers planning to visit Brazil, and what impact will it have on their journeys? We delve into this topic in the following sections.
Implications for Americans Following the Decree’s Reversal
With the reversal of this decree, U.S. nationals intending to visit Brazil for tourism must secure a Visit Visa beforehand.
This regulation will be effective for Americans, Canadians, and Australians traveling to Brazil for tourism starting January 10, 2024.
It’s noteworthy that entries into Brazil before this date won’t require a visa, regardless of the planned return date.
This shift comes over four years after the 2019 removal of the visa requirement for these nationalities by former President Jair Bolsonaro’s government.
It’s important to note that there will be no changes for Brazilians traveling to the U.S. as tourists; they still need to apply for a visa before departure.
Why Reintroduce the Visa Requirement?
The primary reason cited by the Ministry of Foreign Affairs is Brazil’s refusal to continue the unilateral exemption of tourist visas. In essence, for Brazil to waive visa requirements for a country’s citizens, that country must reciprocate for Brazilian travelers.
Previously, the now-revoked Decree allowed U.S. citizens to travel to Brazil without a tourist visa, whereas Brazilians needed one for the U.S.
This revolves around the Principle of Reciprocity in International Law, common in diplomatic matters, involving agreements and treaties.
The principle also establishes benefits and rules for countries in diplomatic agreements, ensuring none are disadvantaged.
An example is Japan, which, effective September 30, 2023, has a bilateral agreement with Brazil exempting citizens from tourist visa requirements.
Another reason might be that unreciprocated exemption could weaken Brazil in international negotiations.
Countries Requiring a Tourist Visa for Brazil
The list of countries needing a visa for Brazil is dynamic and requires regular updates.
Currently, countries including the U.S., Australia, Canada (effective January 10, 2024), Afghanistan, Angola, Cape Verde, China, North Korea, Egypt, Haiti, India, Lebanon, Mozambique, Senegal, Syria, and others need a tourist visa.
Understanding Brazil’s Tourist Visa
In Brazil, the Visit Visa is granted for stays up to 90 days for tourism, business, transit, cultural or sports activities, studies, voluntary work, and conference attendance, among other reasons.
Visa applications must be made in the applicant’s home country before departure, and presented upon arrival in Brazil.
American Citizens Applying for a Brazilian Visa
U.S. citizens must apply for the visa well ahead of their trip. Planning and organization are key for a smooth experience.
Applications can be made online via the e-consular system of the Ministry of Foreign Affairs. If the local Brazilian Consulate or Embassy doesn’t support this system, contact them directly.
Required documents generally include a valid passport, a photo, proof of address, proof of financial stability, and payment of consulate fees, approximately $160.
Upon arrival in Brazil, tourists must present a valid passport and Visit Visa, and proof of sufficient funds or a return ticket.
Is Legal Assistance Required for the Visa Application?
Legal assistance is not mandatory but recommended for a smoother application process.
Seeking help from a specialized lawyer can prevent errors and delays, which might lead to visa denial.
For further assistance, contact our team.
