Getting married in Brazil, Permanent Visa and documents required

Hello, do you have Any idea about the new procedura to get the visa in união estável? I gas all the documenta Ready, i sas waiting for my Fiance’ contract and in the meanwhile the law chanced! I can’t find the new procedure anywhere!

I think the only thing that changed was the fees especially for overstaying.

http://www.pf.gov.br/servicos-pf/imigra … l.pdf/view

http://www.justica.gov.br/seus-direitos … ao-de-sexo

According to the Brazilian Consulate in Chicago USA you can no longer get a permanent visa from any consulate you have to go to the federal police department and request permanency

BRAZIL: New Immigration Law Published
Posted on: 2017-06-14

Effective November 2017, a new Brazilian immigration law (Lei 13445/2017, published 25th May 2017) will replace the Foreigner Statute law (Law No. 6815/1980). The new law has a humanitarian approach and aims to reduce the bureaucracy and fight the criminalisation of immigration non-compliance. Note that implementing regulations will have to be published before the impact of the new law is fully understood. Below is a summary of the main changes.

Visa Categories
Law No. 13,445/2017 changes the nomenclature of visa types and abolishes the Permanent Visa. Note Article 12: “The applicant who wishes to enter or remain in the national territory may be granted visas:  I – Visit; II – Temporary; III – Diplomat; IV – Official; V – Courtesy.

Visit Visas
These are visas for business, tourism, transit, and other short-term purposes not linked to any remunerated activities in Brazil.

Temporary Visas
Aside from expanding the number of categories for a temporary visa, the new law also abolishes the work visa requirement for crew members of cruise ships and vessels operating in long-haul.

Residence Permit
The new law creates a residence permit available to all foreign nationals in Brazil, regardless of their immigration status (or entry visa).  With the elimination of the Permanent Visa Provision and the creation of the residence permit, foreigners wishing to reside in Brazil on a permanent basis while on a temporary visa or visitor visa may apply for a residence permit by complying with the required conditions outlined in Article 30. The new residence permit applies to those who wish to remain in Brazil for work, family reunion, research, teaching or research, health treatment, humanitarian efforts, investment or relevant economic, social, scientific, technological or cultural activities, as well as those who benefit from a treaty on residence and free movement regulations, such as Mercosur nationals. Processing of applications should be completed within 60 days.

Registration
The National Register of Foreigners (RNE) will be renamed to National Migration Register. In the case of the Temporary Visa, foreigners will have to register within 90 days of entering Brazil. It is important to mention that in the case of a residence permit, foreigners must register within 30 days with the appropriate department which authorises the residence

Fines and deportation
There will be an Increase in the fine for an infraction committed by an individual, in the minimum amount ranging from R$100.00 to R$10,000.00 per infraction. Currently the fine ranges from R$8.28 to a maximum of R $828.28.

There will also be an Increase in the fine for an infraction committed by a legal entity (i.e. an employing company), ranging from a minimum of R$1,000.00 to R$1,000,000.00 per infraction. Currently the fine is R$2,480.00 and can be multiplied up to 10 times per infraction.

The economic condition of the offender, recurrence, and the seriousness of the infraction in both cases above will be considered upon charging a fine.

The fine attributed per day of delay or by excess of permanence may be converted into an equivalent reduction of the authorisation of the visitor visa period, in case of new entry in the Country.

In any case of irregularities subject to deportation, the notification will be of 60 days (currently it is three to eight days). In addition, the migrant within this period is assured of the possibility of regularising the migratory situation, which is different from the previous law. Moreover, it is possible to extend this deadline. The 60 days minimum may be disregarded in cases in which the migrant has committed an act contrary to the principles and objectives displayed in the Federal Constitution.

Ouch.

Is this true work permit is banned for foreigners??

Maybe it's a little bit off topic, but since I'm waiting for some documents to arrive to Brazil, I don't want to overstay my 90 days. Has someone experience with a quick hop to Foz de Iguaçu or Uruguay and get another 90 days just by staying some days abroad? Since the German embassy states that you have to stay 90 days out of Brazil to receive your next 90 days. Is that true? Thank You

Wow so glad I got married last year and  got my permanent visa

mitchel85

My understanding of the regulations is that the German Embassy has it right:  EU citizens can only spend 90 out of each 180 days in Brazil on a visitor/tourist visa.

Ringles :

Wow so glad I got married last year and  got my permanent visa

I know the feeling.

Mike in São Paulo :
Ringles :

Wow so glad I got married last year and  got my permanent visa

I know the feeling.

Same here.  Once the rules finally settle down it'll probably start to make some sense, but it's still going to be a bumpy ride for a while yet.

hey abthree,

Thanks for your reply. uhm I'm confused now. I just checked my first entries to Brazil back in 2014. And I spent 80 days the first time, I left to Germany and returned to Brazil just two weeks later and got another 90 days entry.

I feel like "on paper" it says one thing and then in reality it's not as dramatic as they state. I just wanted to make sure someone had a similar experience.

Could be -- this is Brazil.

Ordinarily, I'd say "have a Plan B ready, just in case they won't let you back in at the border".  But I've lived in Germany, so I know that you're all set with that, and probably have a Plan C and a Plan D, too.  Good luck -- I hope you won't need any of them!

abthree. Thanks :) By the way. I went to a cartorio here in São Paulo in order to get a "união estável" with my boyfriend and they only asked for my passport and CPF. Hillarious isn't it? Everywhere on the internet it says "authenticated birth certificated" and "proof of single status". Every cartorio is different, I think I got lucky.

That is a great story -- Brazil, Brazil!  LOL
My husband and I just got in under the wire.  We were married in the US and registered our marriage with the Brazilian Consulate in July, got my permanency in August, he came back in September, and I joined him on November 1.  We hope everything goes smoothly for you guys.

Thank you for all the information folks.
I am flying out of New Brunswick Canada on June 4th and planning to get married as soon as possible to my fiance.

Is it true that I need to get my birth certificate, my divorce certificate or other documents certified, notarized or legalized by a Brazilian Consulate here in Canada in order for them to be accepted by Brazilian authorities?

Must they be translated into Portuguese? I just discovered I needed an updated long birth certificate because my other long birth certificate is more than 180 days old... So now I feel like quite a bit of pressure :-(

In addition I purchased a one-way ticket a few months back I did not realize that I need some type of proof of onward travel? Any input or thoughts? I read on the internet I actually may be denied at my home Airport or refused entry in Brazil without a proof of onward travel... Honestly I have no plans for our travel lol :-)

I am having a very difficult day and unfortunately I do not want to burden my fiance so any input would be greatly appreciated.
All of my things are in storage my business affairs have been arranged I literally thought I was pretty much ready to go except for packing my clothing and now I feel like I am not going to make it on time.... 😌

The documents used to need to be notarized by the Brazilian consulate, but since Brazil joined the hague convention the consulate stopped doing that. However, these documents need to be APOSTILLED in their country of origin to be legally recognized in Brazil.

The 180 day rule is true about the Birth certificate. All documents need to be translated by a sworn translator in Brazil, so you can do that when you arrive.

I got some flack once at the check in going to Brazil with a one way only flight, However I already had a permanent visa , so it wasn't a big deal, but they can bring it up at the airport.
It's always smarter to have a return ticket when you go into a situation like this so you can get home if everything goes south and living in Brazil starts to get to you.

Stevefunk, thank you so much for the reply and affirming the necessary steps I need to make before I board the plane in a couple of weeks... I have a couple of phone calls to make and make the arrangements to take care of this ASAP.

Hope you have a great weekend! 😊

Thank you for all of the information James :-) I am also Canadian citizen from Moncton New Brunswick. I am flying out of the Moncton International Airport on June 4th, 2018.
After reading your post just last evening I am taking it back by the fact that I did not realize that I have to have another long form of my birth certificate because my other long form birth certificate is over 180 days old?

In addition I am getting married as soon as possible after arrival in Brazil.... so do I need to have my birth certificate legalized, my divorce certificate legalized or anything else legalized in order to get married? I simply have not the time because I'm leaving two weeks from Monday. So is there any way to get this legalized after I arrive in Sao Paulo?
I must have documents be shipped back to Canada to be notarized or legalized?

I would appreciate any input and thank you for taking the time.
.
John

I'm very curious about this one because I just found out yesterday that I'm supposed to get my birth certificate or divorce certificate notarized or legalized here in Canada before I leave in 2 weeks... there is just not enough time to do this so I'm wondering if they are going to refuse our application for marriage based on the fact that my long form birth certificate, or divorce certificate) not "legalized"

I guess we'll soon find out :-)

Hi
You need the Apostilled documents, without them you want be able to process your permanent residency application.
Brazil is very bureaucratic and one missing document will stall the whole process indefinitely....
James is no longer with us BTW, he was gunned down two years ago the poor neighborhood  Maceio RJ where he was living.

Hello
I have been applied for visit visa it's already 14 days and when I am checking online status it's showing sent...
2
I am Muslim in my religion I can married 4 times .. can I married in Brazil for 2nd time.. my girlfriend is agreed to accept Islam.. become a Muslim.. thanks

Saifullahkhan

You cannot take a second wife until you have divorced your first wife. your religion has no bearing on the law. You have to show that you are not married to anyone else before you will be allowed to marry in Brazil. Your Brazilian girlfriend should know this.

Jim

@John Lawrence, what you can do with the birth certificate is: order the new one now asap. I'm not sure how long it takes in Canada but would assume it's fast been a developed country.

Usually you can sign for someone to collect it on your behalf or they mail it, again I 'm not sure how it works in Canada , so you can get it if you not here.
Then just have it taken or mailed to the department that does the Apostille and couriered to you in Brazil - Do not use Public mail to send documents to Brazil or you may never see it again and it's slow.
If you don't have anyone to help you in Canada there are many companies that facilitate these kind of services for a fee. I've had to rely on them to get documents from other counties where I was not present or two speed up the issueing of documents in 3rd world countries.   
Brazil issues documents surprisingly fast though so here I always have done everything independently.

Also one other thing, you may need a criminal background check , also apostilled in country of Origin and Apostilled for any countries you have lived in in for extended periods for the last few years. (sorry I don';t remember the time limits off the top of my head I think it's longer than 3 months in the last 5 years - not sure though)

In the past few years I know you could just make a declaration saying you have no criminal record, but there have been reports that they are insisting on it again, so best to look into it, it doesn't hurt to have it.

I think the PF office in Santos just had me sign an "I've been a good boy" document. I don't remember, but it's also possible I didn't need one.

Seems they've raked you two over the coals over time!

My wife is from Brazil, we have a Brazilian marriage cert. To apply for Permanent residency when i arrive in Brazil on 90 day visa free stamp, do i have to give a birth certificate or is my marriage cert sufficient?  and second, do i need a criminal back ground check from my country with apostle or can i sign that i have been a good boy? Thanks.

Hi Stacey, Green Day!

Brazil Marriage Certificate given in Brazil is all you need. I think your marriage certificate was issued by Brazil Embassy(shorter one), basing on it they will give a Permanent One(bigger one). As standby you can take criminal background letter too.

StaceNZ

You will need several documents. If you go to PF.gov.br. Look under immigration you will find the requirements.

Jim

Thanks, i found them. Looks like now you need noth criminal check and declaration, can declarations be made at the Cartorio?

Regarding "Documents that prove economic dependence, when applicable" What would this be?
And "Proof of the stable bond between the applicant and the Brazilian or immigrant beneficiary of a residence permit" Would joint home ownership papers be sufficient?

Portaria interministerial nº 12, de 13 de junho de 2018.

Documents required for residence permit based on family reunion:

Travel document or official identity document;

2 two 3x4 photos;

Birth or marriage certificate or consular certificate,

Criminal record certificates or equivalent document issued by the competent judicial authority from which you have resided in the last five years;
Declaration, under penalties of the law, of absence of criminal records in any country, in the last five years prior to the date of the application for a residence permit;

Birth or marriage certificate for proof of the relationship between the applicant and the Brazilian or immigrant beneficiary of a residence permit, or a document proving the link;

Identity document of the Brazilian or immigrant beneficiary of a residence permit, with which the applicant wishes the meeting;

Declaration, under the penalties of the law, that the calling family resides in Brazil;

Documents that prove economic dependence, when applicable;

Proof of the stable bond between the applicant and the Brazilian or immigrant beneficiary of a residence permit;

Joint declaration of the spouses or companions, under the penalties of the law, regarding the continuity of effective union and coexistence;

Documents that prove the guardianship, custody or custody of Brazilians, when applicable.

Proof of payment of fees, when applicable
of residence permit (R $ 168.13 - Code 140066)
issued by the National Migration Register
(R $ 204.77 - Code 140120)

StaceNZ :

Regarding "Documents that prove economic dependence, when applicable" What would this be?
And "Proof of the stable bond between the applicant and the Brazilian or immigrant beneficiary of a residence permit" Would joint home ownership papers be sufficient?

Your marriage certificate is satisfactory proof of both.  Further proof of economic dependence is more for people bringing in other categories of dependents, like parents or children.
Proof of joint home ownership is a nice additional document to have, but the Federal Police will assume that if you're married, you're financially interdependent and cohabiting.   :top:

If needing information on INvestment Visa, this page may be of help: https://www.lawyerinbrazil.com/investment-visa-brazil/

I've got married this year with a Brazilian woman. We didn't translate at once all documents and it was to late before my coming back to Europe to translate criminal record. My questions:

1. I have one way ticket to Brazil from Prague/Czech (will they ask me about return ticket in Czech or Brazil)? Can I say just in case in Brazil that I have marragiege certificate (I have original with myself) and say I will apply for visa? or in this case they can say I shouldn't enter on "tourist visa" and should first apply for some another type when entering Brazil? Anyway I guess it will be fine - but even if somewhere will ask me about this ticket then they can deny my enter the plane/Brazil even if I said I can buy "now" some ticket return via credit cart?  OR better bought one that I can cancel later? (or perhaps buy for myself some flight to Columbia/Peru for one week vacation :D)

2. My exp from getting married
1. Birth certificate, certificate of civil status - issued in my country
2. those document "apostiled" in my country MInistry of Foreign Affairs
3. in brazil sent it to sworn translator
4. in catorio they wanted translator - but I've managed to go trough without
5. during ceromony - as well (talking to catorio and then to assitant of judge)

- there was no sworn translator of english or my national language in whole state! Taking people from other states seems ridiculous for sth that any english teach or my wife could translate to me ;) So if you have problem try to talk nice to catorio and perhaps it will go without it - and of course try to learn portugese as I can't imagine living there without knowing the language. (I'm on my way to speak portuguese as good as I speak English know - my second language)

Hi gringo

I am not sure about Czech but over here in Brazil the immigration officers usually don’t look for the return ticket.  However you can always have a tentative booking made directly with the airline which can save you the hassle of worrying about this question overall.

As far as your experience is concerned I believe you are on the right track as you have a fair idea of how things work in Brazil :)

Best of luck

Regards

Stanza

Hi, Janusz,
Technically, you should be applying for a VITEM XI visa, for family reunion because of marriage.  With a VITEM XI no one will look for a return ticket, because it's assumed that you'll be staying in Brazil.  It's also the visa that the Federal Police expect to see when you apply to make your residency permanent.  I've read in these threads about people coming in on tourist visas and trying to bootstrap themselves into permanency; since you're married, it will probably work, but may involve more hassle than coming in on the right visa in the first place.

Hi, apart from my criminal record check from the UK. Are there any other documents I would need to get apostilled? This is for a stable union. From the new list I don't think so but I'm never completely sure with anything here!

Nikola Grace :

Hi, apart from my criminal record check from the UK. Are there any other documents I would need to get apostilled? This is for a stable union. From the new list I don't think so but I'm never completely sure with anything here!

Rule of thumb from a person who'd rather be safe than sorry:  get an apostille on every document issued by a government agency, and every document that has been notarized.

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Hi , a question about being translated English  documents  into Portuguese, can I do this step in Canada ,as we have a translator in our city, but I don't want to ruin anything again ,,or do it need to be done in brasil?
Thanks
kim

Kimmie B :

Hi , a question about being translated English  documents  into Portuguese, can I do this step in Canada ,as we have a translator in our city, but I don't want to ruin anything again ,,or do it need to be done in brasil?
Thanks
kim

Documents for legal use in Brazil need to be translated by an official Sworn Translator in Brazil to be accepted.  There are Sworn Tranlators for English is all major cities and most state capitals.  There's also at least one service, Fidelity Translations, that offers Sworn Translations nationwide over the Internet.

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