Entry without a visa and the § 41 rule
Visa-free entry is not a work permit. Brazilian citizens may enter and stay in the Schengen area visa-free for short stays (90 days in any 180). Working, or planning to work, needs the right permit before you start.
What § 41 AufenthV says about Brazil
- Brazil is named in § 41 (2) AufenthV: Brazilians may, after visa-free entry, apply for a residence permit in Germany, but only if they do not intend to take up gainful employment (exception: activities under § 17 (2) AufenthV). What counts is the intention, not the date. Anyone who wants to work needs a visa first.
- § 41 (3) AufenthV: apply within 90 days of entry. The period ends earlier after an expulsion or a shortening under § 12 (4) AufenthG.
- Consequence: a skilled-worker or employment route that starts with work needs a visa from Brazil: Visa application. The in-country route fits at most cases without work, for example some family or study cases.
Whether LEA Berlin accepts an in-country application for a particular permit type (for example the Opportunity Card or a study permit) is decided by the office. We did not verify the practice. Ask LEA, or get the visa abroad, which is the safer course.
Practical rules for the short stay
- Carry a passport valid for the whole trip, proof of funds, accommodation and a return or onward ticket. Border officers decide on entry.
- Do not count days by feel: Schengen days add up across all member states.
- Overstaying leads to fines, possible entry bans and later visa problems.
EES and ETIAS
- EES: the EU Entry/Exit System registers entries and exits electronically. Start and roll-out dates: not confirmed here; check the EU page.
- ETIAS: a travel authorisation for visa-exempt nationals is planned. Start date not confirmed (reports differ); check the official EU page before you travel.
Next: Which route fits me?
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