Since the devastating earthquake of 2010, Haiti has faced a prolonged humanitarian crisis, worsened by political instability, natural disasters, and the collapse of the State’s basic structures. In this context, Brazil has emerged as one of the main destinations for Haitians seeking refuge, employment opportunities, and a chance to rebuild their lives.
Between 2010 and 2018, it is estimated that more than 130,000 Haitians entered Brazilian territory, initially through land routes via the states of Acre and Amazonas, in a migratory flow that prompted the creation of unprecedented immigration policies. For the first time, the country adopted a broad humanitarian approach, consolidated through the creation of a specific humanitarian visa for Haitians—recognizing that the causes of this migration go beyond the limits of traditional refugee law.
From Emergency Policy to Permanent Legislation
The first regulatory milestone was Normative Resolution No. 97/2012, later replaced and updated by Normative Resolution No. 97/2022 of the National Immigration Council (CNIG). This regulation acknowledges that Haitian nationals may obtain a temporary visa on humanitarian grounds or request a residence permit, even if they are already in Brazil without a regular visa.
The humanitarian policy was definitively incorporated into the Migration Law (Law No. 13,445/2017), which replaced the former Statute of the Foreigner. This law represents a paradigm shift: foreigners are no longer treated under a national security framework but are recognized as subjects of rights, entitled to fundamental guarantees, equal treatment, and social integration mechanisms.
Decree No. 9,199/2017, which regulates the law, reinforces that Brazil may grant residence or permanence to foreigners in situations of humanitarian vulnerability, including those who entered the country irregularly.
Regularization Procedures for Those Already in Brazil
Haitians currently in Brazil with expired visas, irregular entry, or pending registration may request migratory regularization directly with the Federal Police, under the humanitarian provisions in force.
Once the application is submitted, the Federal Police issues a regularization protocol, which immediately guarantees rights such as:
- Requesting a CPF (Taxpayer Identification Number);
- Opening a bank account;
- Formalizing employment contracts;
- Accessing public health and education services.
In many cases, after an initial period of residence, it is possible to apply for an indefinite residence permit, thereby consolidating legal permanence in the country.
Conversion of Migratory Status
In addition to the humanitarian route, Haitians who have already established stable ties in Brazil may convert their migratory status into other residence categories provided by law, such as:
- Residence for family reunification, in cases of marriage, stable union, or Brazilian-born children;
- Residence based on employment, through a formal work contract;
- Residence by length of stay, after four years of continuous and regular residence;
- Residence for study, research, or religious activity, when institutional affiliation is proven.
This flexibility allows immigrants to move between migratory categories in line with their personal, professional, and family development.
Rights Acquired After Regularization
Once regularized, Haitian citizens enjoy the same rights guaranteed to any legal resident in Brazil, including:
- Full access to the Unified Health System (SUS);
- The right to public education at all levels;
- The possibility of obtaining professional registration and diploma recognition;
- The right to open a business, obtain a CNPJ, and operate as self-employed entrepreneurs;
- Eligibility for social programs and inclusion policies.
Regularization also provides protection against deportation and administrative restrictions, offering legal and social stability.
The Haitian case has turned Brazil into a regional model of humanitarian reception, serving as a reference for migration policies aimed at other vulnerable groups, such as Afghans and Venezuelans. Brazil’s approach is often cited in international forums as an example of solidarity and shared responsibility, in line with the Cartagena Declaration and the 1951 Refugee Convention principles.
In 2025, with the ongoing crisis in Haiti, maintaining this policy remains essential to guarantee the right to life and dignity for Haitians who are already integrated into Brazilian society and contribute to the country’s economic and cultural development.
Conclusion
The Haitian presence in Brazil today represents a significant chapter in the country’s recent immigration history. More than a bureaucratic matter, migratory regularization stands for access to citizenship, dignity, and inclusion. Supported by modern legislation and consolidated humanitarian policies, Brazil remains a country of open doors.
The role of qualified legal assistance is crucial to help each Haitian transform rights into reality. The regularization process requires careful attention to documentation and to selecting the most appropriate residence category.
Our team offers comprehensive legal support for Haitian citizens throughout Brazil, providing individual case analysis and identifying the most advantageous legal framework to ensure legal security, avoid rejections, and expedite the regularization process.
André L. C. Delziovo
