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Getting married in Brazil, Permanent Visa and documents required

PLEASE NOTE THAT NEW PROCEDURES FOR PERMANENCY APPLICATIONS BASED ON MARRIAGE / STABLE RELATIONSHIP / BRAZILIAN BORN CHILD HAVE BEEN PUT IN PLACE SINCE SEPTEMBER 1, 2014. THIS HAS STREAMLINED AND SPED UP THE PERMANENCY PROCESS. PLEASE SEE THE LINK BELOW FOR MORE INFORMATION ON THIS:

http://www.expat.com/forum/viewtopic.php?id=403321

Some of the major changes are that:

a) Provided that all the documents are present and in order, permanency is granted immediately upon acceptance of the application, and your passport will be stamped to reflect permanent status.

b) There is no longer a home visit (sindicância) conducted by the Policia Federal.

c) All three processes; applying for permanency, registering in the RNE and applying for your civil ID (Cédula de Identidade Estrangeiro) are now all done at the same time, as opposed to under the old system where you had to do each one separately as the previous step was completed.

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Getting married in Brazil it is a complex and long multi-step process for foreigners.

The first step is to gather all the necessary documents in your home country and the ones that must be "legalized" by the Consulado-Geral do Brasil (in country of issue) before you do anything else. I will list the documents you need at the end.

The next step is to apply for your VITUR Tourist Visa, you have to hope that you will be granted a 90 day visa stay, since they are not all for that length of time. This depends on the visa officer who issues the visa. If you get a visa for anything less than 90 days it is unlikely you will have time to get married in Brazil before the visa stay expires. It can take anywhere from a month to two months to get through the whole marriage process.

The first step once you arrive in Brazil with all the correct documents is that you and your future spouse go immediately to the Cartório de Registro Civil e Pessoas Naturais (Civil Registry) where she lives, submit all the documents and apply for PERMISSION to marry. The Cartório will probably give you a date for the wedding a month or two from that date. This is because the request for permission to marry must be sent to the Brazilian government, the government will then publish the marriage banns in the Official Gazette (Diário Oficial da União) for 30 days, after thirty days have passed and if there are no objections, then the permission will be granted and also published in the Diário Oficial da União. Only then can you get married.

Once you are married then you should immediately go to the Policia Federal - Setor de Estrangeiros (Federal Police - Foreigner Sector) with your original Marriage Certificate and other necessary documents and apply for a VIPER Permanent Visa (com base em cônjuge brasileiro/a). When your visa application is accepted the Federal Police will issue you a protocolo which bears your photo, basic information about your identity, nationality, parent's names, etc., which will be valid for 180 days. The protocolo allows you to remain legally in the country until the visa process is completed. This can take anywhere from one year to two years under normal circumstances, even longer if there is any problem. So, you will have to continue going back to the Federal Police every six months (before the expiry date on the protocolo) to get it extended (prorrogação). They will stamp it and it will be valid for a further 180 days. You need to keep doing this until you finally get the visa issued.

Once you apply for a VIPER visa based on marriage, it carries with it the right to obtain a work permit (Carteira de Trabalho) and work. You will have to request that the Federal Police note clearly on the protocolo that the application for the visa is based on marriage. They should also issue you a document called a SINCRE (Sistema Nacional de Cadastro e Registro de Estrangeiros) which is a computer printout of all of the personal information about you that is contained in the Federal Police database. You will need the protocolo and SINCRE in order to apply for the work permit, which can only be done at the Superintendência Regional de Ministério de Trabalho (Ministry of Labor - Regional Superintendent's Office). If the Federal Police refuse to issue the SINCRE when you apply, which they sometimes do, then the Ministry of Labor will accept a certified copy of your Marriage Certificate. You must also take the ORIGINAL to show them. Just like the protocolo, your work permit will only be valid for the period of time shown on the protocolo (180 days) and every time you go back to the Federal Police to extend the protocolo you will also have to take your work permit back to the Ministry of Labor and extend that as well, until you have the permanent visa, only at this point the Ministry of Labor will stamp the work permit as permanent.

DOCUMENTS NECESSARY FOR MARRIAGE PROCESS

1.     Original of your Birth Certificate (Long Form), which must have been issued within the previous 180 days or it will not be considered valid in Brazil. The long form is the registration of your birth which shows the full names of both of your parents, their nationality, etc. A wallet sized Birth Certificate IS NOT ACCEPTABLE, since it doesn't show your parents' names. The original Birth Certificate must be LEGALIZED BY THE CONSULADO-GERAL DO BRASIL in the country where it is issued AND THEN IT MUST ALSO BE AUTHENTICATED BY THE ISSUING COUNTRY'S CONSULATE IN BRAZIL or DEPT. OF FOREIGN AFFAIRS if done in the issuing nation. This is ABSOLUTELY NECESSARY so don't omit this step or you won't be able to marry in Brazil. That must be done within the 180 day period that the document is considered valid. Once "legalized" by the Consulate then it will continue to be valid until used in Brazil. When you arrive in Brazil the Birth Certificate must be translated into Portuguese by a notarized translator (Tradutor Juramentada). The origninal of the Birth Certificate and translation must be submitted together to the Cartório at the time you apply for permission to marry. Get two Certified copies made of the Birth Certificate because you may be asked for one in the Permanent Visa process

2.     A clear and legible Certified copy of your passport; identification page and visa page(s) - Note: Take the original passport to the Cartório, they will make the certified copies there. Get two Certified copies made since you need one for Permanent Visa process

3.     A clear and legible Certified copy of your Entry Card - Note: again the Cartório will make this copy for you so take the original.

4.     If you are single and never married before you need a Declaration from the Ministry of Foreign Affairs (in your home country) that you are single. This must be "legalized" by the Consulado-Geral (in country of issue) and be translated into Portuguese here in Brazil.

If you are divorced then you will need to produce either your Divorce Decree (final/absolute) in its entirety or a Divorce Certificate which is issued by the Court that granted the divorce. If you submit the Divorce Certificate it must also have been issued within the previous 180 days to be valid, so you can't use one you may already have, you have to obtain a new one from the Court. Whichever of these documents you intend to submit must also be "legalized" by the Consulado-Geral do Brasil (in country of issue) and translated into Portuguese in Brazil. It will also need to be authenticated by the Ministry of Foreign Affairs (in the country of issue) or their Consulate/Embassy in Brazil.

Your prospective spouse must submit the following:

1.     Original identity document (Registro Geral)

2.     Original Social Security Card (CPF - Cadastro de Pessoas Fisicas)

3.     Original Birth Certificate

4.     Proof of address (usually a telephone / electric / water bill will suffice)

5.     Proof of date and location of birth of his/her parents (usually contained on your spouse's Birth Certificate)

NOTE: The legal / document requirements may vary from state to state so you must check with the Cartório where you will marry if they require any additional documents.

Documents Required for VIPER Permanent Visa Application

1.     Completed application form, signed by the applicant.

2.     Clear and legible Certified copy of applicant's passport (ALL PAGES - even if blank) or equivalent travel document.

3.     Clear and legible Certified copy of applicant's Entry Card.

4.     Certified Criminal Record Check / Police Conduct Certificate issued in country where you reside, may not be more than 90 days before sumbission or not considered valid. This document must also be "legalized" by the Consulado-Geral do Brasil in the country of issue.

5.     2  3 cm X 4 cm color photographs of applicant (on white background) Note: sunglasses or eyeglasses which might reflect light/flash must not be worn in these photos

6.     International certificate of vaccination (if requested)

7.     Clear and legible Certified Copy of Birth Certificate (if requested) or Marriage Certificate in the case of married women.

8.     Proof of address (in Brazil) - phone/electric/water bill

9.     Bank receipt for payment of visa fee (GRU - Guia de Recolhimento da União)

10.    Any other documents that may be requested by the Federal Police.

NOTE #1:  If you are required to provide any kind of DECLARATION, these must be have the signature of the declarant certified by the Cartório (Reconhecimento da firma por autenticidade - ONLY; note that there are two different kinds of "reconhecimento" so make sure you specify the right one, this is also the more expensive of the two types, the declarant must appear in person at the Cartório and produce identification).

NOTE #2:  Religious/Church weddings are purely symbolic in Brazil, they do not have the force of law, since religious leaders do not have authority to issue Marriage Certificates. In fact, most churches will not perform the ceremony unless the celebrants have already been married in a civil cerimony.

NOTES RE: - PROXY MARRIAGES (CASAMENTO POR PROCURAÇÃO)

While Proxy Marriages are recognized in Brazil, they ARE NOT intended for those who have never before been in Brazil. They are intended to allow a marriage to take place when one or both of the parties may, for whatever reason, be unable to be present at the wedding.

In order to arrange for a Proxy Marriage, BOTH parties must attend the Cartório TOGETHER, submit all the required documents and the party who is unable to be present will elect a Proxy (Procurador/a), who is empowered to stand in at the marriage and to sign the register.


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  James    expat.com Experts Team

This is fantastic, thank you.

James, me again. If I am required to sign a declaration I will have to a Cartorio to due it correct? And then return to the PF? Do I have to schedule an appointment??

I.E. Declaration of no criminal history

Hi Matt,

Yes, you have to sign it and take it personally to a Cartório where you have your signature on file (Reconhecimento da firma por autenticidade ONLY) there are two kinds of notarization and this is the more expensive of the two (how did you know that instinctively? hahaha) and you must go there in person, present your ID and then sign their register book.

Actually when dealing with ANY kind of declaration for the Policia Federal this is the only authentication type they accept.

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  James    expat.com Experts Team

The criminal record check must be produced in your home country. It must be legalized by the Brazilian Consulate there as well. It should be submitted to the Consulate no later than 90 days from the date it was issued.

If you have NO CRIMINAL RECORD, you may be able to apply for the Permanent Visa anyway by signing a "Declaração sob pena de lei de Bons Antecedentes", but they will probably accept your application and wait for the certificate to come back from your home country. Check with the Federal Police.

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James    expat.com Experts Team

Does anyone know how difficult it is to change the address on the visa form after? We are currently living with my fiancés parents, but hoping to get our own place after Christmas, once I have been working for a few months. Just concerned about if/when they do the visit, to check our marriage is real, that they go the wrong address and it causes problems.

Honestly, do they really think that people would go through all this hassle if it wasn't for love!! :/

Thanks for all the previous posts, it has all been super helpful.

Hi Jossykate,

If you mean changing the address here in Brazil, it's just a matter going to the Regional Superintendency of the Federal Police (Setor de Estrangeiros) in the city where your new residence is, take something like a utility bill with your name on it which proves the address, two 3X4 photos, like the ones you used for the original application and tell them you want to change your address. They'll give you the correct form to fill out. By law you must do this within 30 days of any change of address.

Since they enter the information regarding the new address into the computer system immediately it won't have any effect whatsoever on the visa process, everything will get shifted over to the new location.

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James    expat.com Experts Team

Yep, it's my address in Brazil. It would be in the same city, just the other side of town.

Thanks for your help! :D

When you change your address, you'll get another protocolo with your photo on it just like the one from your original application. Don't forget that by law you are required to carry the ORIGINAL of both of them with you at all times as a form of identification.

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James    expat.com Experts Team

Hi,

Do you know anything about Stable Unions? I am living with my girlfriend in BH and we would like to get a Stable Union. The website of the Policia Federal says that you can get a permanent visa from a stable union, do you know if the process is different in any way?

Thank you very much in advance.

Nick

Hi Nick,

First of all "Stable Union" is defined as living together, publicly, as a couple for a provable period of at least one year. You will need to furnish a number of different documents that will prove this relationship. You can find more details on the Ministry of Justice website (link below). If you haven't been living together for a year you will not qualify under the legislation.

http://portal.mj.gov.br/main.asp?View=% … 0F4CB26%7D

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James    expat.com Experts Team

Does anyone know what GRU code I have to pay for a permanent visa/RNE? The only thing that sounds looks accurate??????

140120 - CARTEIRA DE ESTRANGEIRO DE PRIMEIRA VIA

Hi Matt,

There are actually two GRUs that you're going to need to print.

You were right with your guess, 140120 - Carteira de Identidade Estrangeiro (R$124,23) is one and that's the actual ID card

The other is 140082 - Registro de Estrangeiro (R$64,58) that is the fee for the RNE itself. Registro Nacional de Estrangeiro.

Good luck

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James    expat.com Experts Team

Thanks James....

This thread is very helpful. Thanks.

I am here after my tourist visa expired and also I have not kept my entry card from when I entered Brazil. Will either of these cause a headache when I go to the Carteiro to apply for permission to marriage?

If no issues at the Carteiro, will there be any subsequent problems at the Federal Police office when applying for the Permanent Visa (and thus receive the protocolo)?

From my experience with PF, they seem pretty reasonable and often like to help/give advice.

Hello emb49,

Unfortunately you CANNOT get married in Brazil unless your immigratory status is regular (i.e. that your visa is valid). In fact if you've overstayed the visa you can't enter into any kind of legal or contractual process. Also in the future you MUST retain the Entry Card with your passport since it must be surrendered to the Federal Police upon departure.

You'll have to find some other way to resolve your situation, perhaps some other kind of visa or provisional visa if you can sweet talk the Federal Police into issuing one (doubtful). Don't forget that the marriage process takes anywhere from one to three months to complete.

If you can't obtain some other kind of visa then your only option will be to pay the overstay fine, leave the country and wait to come back when you're entitled to stay at least 90 day (but pref. 180) once again.

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James    expat.com Experts Team

wjwoodward :

Hello emb49,

Unfortunately you CANNOT get married in Brazil unless your immigratory status is regular (i.e. that your visa is valid). In fact if you've overstayed the visa you can't enter into any kind of legal or contractual process.

That's just not true.

There is no legal impediment for marriage (or any other legal process or contract) based on the status of your visa.

Getting married is a constitutional right. Legal steps can be taken (Habeas Corpus) allowing a foreigner to get married on an expired visa. It's just a misinterpretation of the law by some cartorios. Usually it's enough to "suscitar dúvida" to the family judge at the cartorio. If that doesn't help, a HC in federal court will do the trick.

A cheaper option would just be getting married by Power of Attorney, it would involve the Bride or Groom getting a beer in the butequim on the corner while his or her sogro says "yes".

svenveer,

Could you tell me if you're a practicing lawyer in Brazil or any other country? How long have you been in Brazil to gain all this wealth of information? You join Expat-blog Brazil Forum and seem bent on taking over the forum completely and contradicting everything that is posted. I'm curious as to your qualifications regarding constitutional, immigration and international law? You even seem to make statements that even contradict the laws that I've read. Strange.

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James    expat.com Experts Team

wjwoodward :

Wrong again svenveer,

One of the documents you must produce for the civil marriage process/application for permission to marry is your valid passport and current visa.

No application to marry is mailed to Brasilia, what is sent to Brazilia is the actual marriage, after it has taken place.

I got married on an expired visa, and I know tons of people that got married on expired visa, and I know the law and there exists no such prohibition, it's all in the mind of the people in the cartorio.

Oh, yes, there is an obscure rule of the Corregedoria de Justiça in São Paulo, that demands a valid visa to be produced in order to register a firma with the cartorio.

Do you see "valid visa" here?
http://cgj.tjrj.jus.br/documents/101789 … dicial.pdf
Art. 753. Os estrangeiros poderão fazer prova de idade, estado civil e filiação,
através de cédula especial de identificação, passaporte, atestado consular e
certidão de nascimento traduzida por tradutor juramentado e registrada em
Ofício de Registro de Títulos e Documentos.
Parágrafo único. O Oficial deverá remeter, mensalmente, ao Ministério da
Justiça, o registro de casamento de estrangeiro, nos termos do art. 46 da Lei
nº. 6.815/80.

If you state that there is such a law, than please supprise me and show it to me.

Documents to be produced for marriage (habilitação) are outlined in the Codigo Civil:
Art. 1.525. O requerimento de habilitação para o casamento será firmado por ambos os nubentes, de próprio punho, ou, a seu pedido, por procurador, e deve ser instruído com os seguintes documentos:

I - certidão de nascimento ou documento equivalente;

II - autorização por escrito das pessoas sob cuja dependência legal estiverem, ou ato judicial que a supra;

III - declaração de duas testemunhas maiores, parentes ou não, que atestem conhecê-los e afirmem não existir impedimento que os iniba de casar;

IV - declaração do estado civil, do domicílio e da residência atual dos contraentes e de seus pais, se forem conhecidos;

V - certidão de óbito do cônjuge falecido, de sentença declaratória de nulidade ou de anulação de casamento, transitada em julgado, ou do registro da sentença de divórcio.

It doesn't even say pasport there, so all you legally need is your birth certificate. The passport is just a replacement for an Id.

Well I can tell you from personal experience, since I married in São Paulo, they won't consider an application for permission to marry, they won't perform a marriage in any Cartório in the state, since one must sign those documents, and therefor must have "firma aberta" in the Cartório. You cannot register a signature in any of them without producing your passport and current/valid visa.

Also, how is it that if as you state they do not send anything to Brasília except the registry of marriages, that permission gets published in the DOU? Certainly it's not the Cartório that does that, it's the MJ. Do you really think they will grant permission to marry for someone who is in an irregular migratory situation by virtue of an expired visa? I hardly think so.

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James    expat.com Experts Team

wjwoodward :

Well I can tell you from personal experience, since I married in São Paulo, they won't consider an application for permission to marry, they won't perform a marriage in any Cartório in the state, since one must sign those documents, and therefor must have "firma aberta" in the Cartório. You cannot register a signature in any of them without producing your passport and current/valid visa.

Yes, Brazil is a marvelous country, yet noone seems to know it's laws. Many just "presume" it's like that.


If it where like that, a father with an expired tourist visa can't register it's child.


The rule of the corregedoria in SP on needing a valid visa for registering firma just doesn't make sense and I doubt it would hold up to the scrutiny of the STJ if taken to court.

Fact remains there is no legal basis for the valid visa requirement for marriage.

wjwoodward :

Also, how is it that if as you state they do not send anything to Brasília except the registry of marriages, that permission gets published in the DOU? Certainly it's not the Cartório that does that, it's the MJ.

Lei 6815:
Art. 46. Os Cartórios de Registro Civil remeterão, mensalmente, ao Ministério da Justiça cópia dos registros de casamento e de óbito de estrangeiro.

wjwoodward :

Do you really think they will grant permission to marry for someone who is in an irregular migratory situation by virtue of an expired visa? I hardly think so.

Processo
Numeração Única: REOCR 0088566-54.2010.4.01.3800 / MG; REMESSA EX OFFICIO CRIMINAL
Relator
DESEMBARGADOR FEDERAL HILTON QUEIROZ
Órgão
QUARTA TURMA
Publicação
25/03/2011 e-DJF1 P. 270
Data Decisão
14/03/2011
Ementa
PENAL. PROCESSUAL PENAL. HABEAS CORPUS. REEXAME NECESSÁRIO. ESTRANGEIRO EM SITUAÇÃO IRREGULAR NO BRASIL. VISTO PERMANTENTE. AJUIZAMENTO DE AÇÃO DE JUSTIFICAÇÃO PARA O RECONHECIMENTO DE UNIÃO ESTÁVEL COM BRASILEIRA. CONCESSÃO DE SALVO-CONDUTO. DESPROVIMENTO DA REMESSA.
1. O paciente está com seu visto de turista vencido desde 03 de março de 2010. No entanto, há provas nos autos de que ele pretende constituir família e fixar residência no território brasileiro, já que ele e sua companheira brasileira ajuizaram ação cautelar de justificação com o objetivo de obter o reconhecimento judicial da união estável, hipótese que autoriza o deferimento do visto permanente, nos termos do art. 2º, II, da Resolução nº 77 do Conselho Nacional de Imigração.
2. Manutenção da sentença que concedeu salvo-conduto ao paciente, pelo prazo de 90 (noventa) dias, e reconheceu-lhe o direito de permanecer em liberdade no território nacional, período no qual deverá formular o pedido de visto permanente para regularizar a sua situação.
3. Remessa desprovida.

Hi everybody,

Our former member sven goes on in the extreme about what SHOULD be, and I'm not arguing with him there.

However he ignored completely the way things ARE.

You will not get approval to marry anywhere in Brazil unless you are in a "situação migratoria regular" in other words your visa is valid, so don't waste your time trying.

Regarding registering one's signature "abertura da firma" in Cartórios in Brazil, ditto no visa no deal.

Whether or not it will stand up to scrutiny in the STF as sven pointed out is irrelevant, unless you personally are willing to buck the system and  take it all the way to the Supreme Court. I'm sure not........ so in other words, like they say "you can't fight city hall", nor the Cartórios either.

Just submit the documents they require unless you can convince good ol' sven to represent you for free in the STF.

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James    expat.com Experts Team

dear sir
i have a question.

when i submit my dacuments for residance visa then ,should i stay in brazil untill they issues visa?
even it takes long time.?

dear sir
i have a question.

when i submit my dacuments for residance visa then ,should i stay in brazil untill they issues visa?
even it takes long time.?

Hi Johnathan,

If you apply for your VIPER Permanent Visa from within Brazil you cannot leave the country for periods over 90 days while the process is being completed (this can take up to 2 year or more) once you get Permanência Definitiva you can leave for up to 2 years without losing your permanent status.

If you apply for the VIPER outside of Brazil your process will be dealt with more quickly, usually 3 to 6 months, but you cannot enter Brazil until you have the VIPER.

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James    expat.com Experts Team

thanks for your useful information

Dear William,

I have been in Brazil for nearly 6 months now and my tourist visa will soon expire. I came to live with my girlfriend, who I met in Peru, and have been seeing for over a year now. We thought that we could get a visa based on an união estavel (stable union). It is possible to get a visa based on an união estavel, and we have been living together for over a year, so we fit the qualifications. A few weeks ago we registered the união estavel in the cartorio and were directed to the Ministerio do Trabalho by the Policia Federal to apply for the visa. However the paperwork that they require is not possible for us - we would need two of the following documents, all of which more than a year old: either a joint bank account, a joint life insurance plan, or an apartment together. In Peru we lived together at an organization and did not have any of those things; we could get them here, but I have only legally been allowed to be here for 6 months, so we can´t possibly produce documents that are over a year old.

My question is this: we already got the stable union, but if necessary we could get married in order for me to continue living here legally. However I only have until Dec. 10th on my tourist visa, and it is not enough time to request a marriage and wait for its approval. Is there anything we can do? I can´t afford to go back to the US right now and we would like to stay together here. If there is any way that we could get married we would. Have any of you ever dealt with a situation like this? It seems that I will probably have to stay illegally unless maybe I could travel to Uruguay or Argentina for a short time while my girlfriend files the marriage and then return as I apply for a visa? Neither of us have a lot of money and we are trying to save to eventually live together in the US.

Thank you in advance for any advice.
Nick Canby

Hi Nick,

I can't advise you to overstay your visa ;). Before your visa expires you and your girlfriend should go to the Cartório and apply for a proxy marriage (Casamento por Procuração) which has to be applied for by both of you at the same time, while your visa is still valid.

This will permit the wedding to take place without you being present, you have to choose a proxy (procurador) first who will be your stand-in during the cerimony and have the authority to sign all documents for you. It must be a Brazilian of the age of majority. Once the marriage is celebrated and you have the Marriage Certificate in hand you are classified as "inexpulsável" so while you're not "legal" in Brazil, you're not "illegal" either.

With the  Marriage Certificate (and all the other required documents) then you can immediately go to the Policia Federal and apply for your VIPER Permanent Visa.

Of course you will need all of the necessary documents and translations for marriage as usual. Birth Certificate (long form showing parents' names and nationality) which must be translated here by a sworn public translator, certificate of non-impediment to marriage from your consulate or an original of your Divorce Certificate if divorced or Death Certificate of any former spouse if widower. Those will need to be authenticated by your Consulate here in Brazil. They must bear the consular stamp.

You will also need to apply for a Certified Criminal Record Check from your home country, which must also be legalized by the Consulado-Geral do Brasil in your home country and translated here. This will be for the VIPER application, not the marriage.

Cheers,
James    expat.com Experts Team

Hi William,

Thank you very much for your prompt reply. That's really helpful. I think we will do just that.

Do you know if the certificate of non-impediment to marriage is necessary in order to apply for a proxy marriage or would it just be necessary later when the proxy marriage is done? I haven't gotten that from the US yet and it will take some time for my parents to get it, send it to the Brazilian consulate, and then send it here. Since I have so little time now on my tourist visa I'm not sure if I could get it in time.

Do you have any thoughts about that?

Thanks for your help,

Nick

I knew Sven from Gringoes.com - and he was right about the people at the cartorios. a woman even told me that the wedding will be stopped if I don't understand portuguese/if I don't have an interpreter, for which she even have to call someone if they can allow an "English" speaking interpreter because it's not our first language. My country is bilingual. I speak english ever since I was a kid. And oh, that the interpreter needs to be "professional" - I'm glad I didn't get one though. The civil wedding was quicker than I thought and only had to speak (answer) "Sim" once. ( I told my spouse "eu amo muito vc" while I was putting the ring though :P )

Anyway...
NickCanby, I wish I saw your post before your visa expired. but pretending that I did -
You should go to the cartorio with your future spouse and submit all the documents needed to get married, they will see that you're visa is expiring soon and you can tell them that you're leaving before it expires, and will come back before the wedding day. We are able to marked our wedding day on the same day we submitted all the documents (30 day later, we got married). THIS IS WHAT I DID. But in fact, you won't need to leave the country later because they will not check if your visa is still valid on your wedding day. We submitted and filed our documents 5 days before my visa expired.

BRSP,

You are correct. It was the same for me. Once I submitted the documents I was done. On the wedding day I showed up, obviously with my passport but they didn't even ask. It truly baffles me that a country so anal and bureaucratic doesn't check ID on the actual day it becomes legal. (The day it really matters) I just don't understand the goons that run this country.

But always remember, the country always has a surprise in store and I'm sure some Cartorios do ask for ID, at least I would hope!

Just a secret: for Brazilians, motherhood and kids are sacred. Ronald Biggs managed to stay so long on Rio de Janeiro because he had a child with a local woman. ;-) No one will depart you if you have a Brazilian child...

I don't think it's any secret... most expats are more knowledgeable of Decreto/Lei 6.815/1980 than Brazilians are, since the law applies to them exclusively.

Art. 75, II, a) & b) make it quite clear that one will not be expelled from the country if married to a Brazilian national (or permanent resident), is not separated from them and the marriage has existed for five years. (Actually they won't kick you out even if the marriage took place yesterday a Marriage Certificate is as good as GOLD.)

or

If you have a Brazilian born child, legally adopt a Brazilian child; and that child is in your physical custody and financially dependent on you, or even if you've separated or divorced and are paying "pensão alimentícia", you are also considered by the Federal Police "inexpulsável"

But, thanks for the information anyway.

Cheers,
James    expat.com Experts Team

What most expats are not knowledgeable is that culturally Brazilians have a huge devotion for mothers and things like that. Expect the judge to ALWAYS side with the mother in child custody cases, and by the way, if you are not paying child support you will be probably be in the prison. Brazilians like to joke that´s the only thing guaranteed to take you there.

I think you're not giving expats much credit for what they know. We're all aware of these things, trust me. In fact, we tend to argue a lot that family law is about 15-20 years behind that in other countries in the sense of father's rights being steamrollered by the mother's rights here in Brazil. In most other countries a biological father (and in many even a step-father) has equal legal rights and can even get full custody of children in many cases since courts are legally bound to do "what is in the best interest" of the child(ren) and not of the adults involved. Cases of sole custody are becoming less and less common in other countries as courts try at all costs to award "joint custody" wherever possible.

Cheers,
James    expat.com Experts Team

Hello,
Hope you are doing great..
I'm living in France..my girlfriend is Brazilian..we have plans to get married after 3 years..
I would like to clear some doubts about the visa requirements to get married in Brazil..
1) Can I obtain a tourist visa to get married?? Or I have to have a legitimate visit visa??
2) She can sponsor me to get a visit visa?
3) If I get married..what would be the duration of marriage that needs to be fulfilled in order to get a Brazilian passport??
4) Or for how long I have to be in Brazil with my future wife to get a Brazilian Passport??
5) My girlfriend is 17 now..does she have to be 21 to get married (Just a GK question, still important to me)??

Thanks,
Saff11

Hello saff11,

The age of majority in Brazil is 18, your girlfriend would be able to marry even without parental consent after that. However, Brazilian families are very close and I wouldn't recommend that since it could create a deep rift in the family and you would be seen as the enemy. You also don't mention your age which also could be a factor.

To obtain a Brazilian passport one must naturalize as a Brazilian citizen. This is a separate process completely from the VIPER Permanent Visa following marriage. To qualify for citizenship you must already have held your VIPER for at least one year (based on marriage or having a Brazilian child). Since the process of getting the VIPER can take two years or even longer you couldn't possibly even qualify for naturalization in less than 3 years following marriage, likely much longer still.

Yes you can marry on a VITUR Tourist Visa but as the original post points out it is a long process and you should have all your documents in perfect order upon arrival. In your case if you have a French passport you are only permitted to be in Brazil for three months (90 days) in any six month (180 day) period. You don't even need to apply for a visa since France is a Schengen Area Country and has a visa waiver agreement with Brazil.

In 90 days it is possible for the whole marriage process to be completed, but I would really recommend that you make up a Power of Attorney (Procuração) with a lawyer and have it sworn giving your gf the authority to submit your documents and make all necessary arrangements to set the date of the wedding for some time shorly following your arrival. That would ensure everything gets done in the 90 day limit you have.

Once married you'd need to apply for the VIPER almost immediately, so you'll also need all those documents ready on arrival too. When you apply for a VIPER Permanent Visa based on marriage or a Brazilian child then you have the automatic right to remain in Brazil, obtain a work permit and to work to support your spouse until the process completes, regardless of how long that takes.

See the ORIGINAL POST for a list of all documents for both marriage and visa application and a full description of the marriage process.

Cheers,
William James Woodward, Expat-blog Experts Team

hello, i would love to ask about that i make my permanent visa process ,and i got the visit, since july 2013,until now i didn`t have any answer from the ministry of justice it`s around 7 months...and i don`t know what to do...do you hav info. about that and what i should do...?

thanks...

Be patient, the process can take up to 2 years and sometimes more. There is nothing that you can do but wait. In the meantime if you have applied for a VIPER Permanent Visa based on marriage or on having a Brazilian child you have the legal right to remain in Brazil, obtain a work permit (Carteira de Trabalho) and to work no matter how long the process takes.

NOTE: VIPER Permanent Visa applications based on stable unions (União Estável) DO NOT carry this automatic right. You can stay in Brazil, but you can't apply for your work permit or work until the visa is issued.

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