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Apply for permanent residency after giving birth in Brazil

Dear all,
My wife, ours 2 minors children and I  arrived in Brazil on a tourist visa. My wife just gave birth to a small Brazilian girl in Florianopolis. I would like to know if my wife and I can apply for permanent residency in Brazil without leaving  the country? We came to Brazil with our first two children born outside Brazil. Do these children will also benefit from brazilian permanent residency? If yes, can we request permanent residency for them without leaving the country? Thank's in advance for the replies.
Regards
SThierry

That is a very good question ?
Where are you from, the UK  ?
I am sure the Expat director James will have the answers for you.
IF it was the US, yes your newborn would be a US citizen, as it is in many other European countries.
I know that Italy requires ONE parent of Italian decent in order for the child to be Italian.
Good luck !
Guy

As the parents of a child born in Brazil, and thus automatically a Brazilian citizen, you have the right to request "Permanência Definitiva com base em prole brasileiro". In fact, you are considered as "inexpulsável" and regardless of your current visa situation you cannot be requested to leave the country and the Federal Police are required to accept your application even in cases where your tourist visa may even be expired. Art. 226 of the Constitution guarantees special protection of the family unit.

That said, while there is no specific mention about the Brazilian born child's siblings in anything I have seen so far, the fact that they are still minors your right to permanency in theory carries over to them too. Certainly under no circumstances would they be asked to leave the country. Breaking up the family would violate Art. 226. So don't worry about that at all.

What you need to do is simply go to the Federal Police, with the child's Birth Certificate in hand and speak to someone there. Tell him/her that you intend to apply for permanency based on having a Brazilian child, and ask them exactly how to proceed with applications for your other two children.

My personal thoughts are that if you simply filled out the online application forms for your wife, yourself and two children and showed up at the Federal Police on the date scheduled, with all the required documents and GRUs paid, they'd process it all as if it were any other application. What other choice do they really have anyway???

Cheers,
James     Expat-blog Experts Team

Oh yes, one very very important thing....

When you go to speak to somebody at the Federal Police, make sure that you are talking to a Federal Police Agent and not just some civilian (contracted) employee. The civilian staff don't have the first clue about what they're doing, let alone the complex laws and regulations that the immigrations process involves. You'll be wasting your time and effort if you don't talk to somebody who is wearing a shiny gold badge around his neck or clipped to his belt!!!

yes,the other minor children have a right to stay too. You just go to the PF with your passports, passport size pics , your baby , the babys birth certificate (  docs attested by a cartorio ) and bham ! Thats it !
They have even abolished the rule of a home vist. They will give you a protocol which you can use for everything ( requesting cartario de trabalho, opening a bank account, getting CPF , id for ur credit card shopping at stores , etc etc ) .
For more info check out the site http://www.dpf.gov.br/servicos/estrangeiro/
or
http://www.dpf.gov.br/servicos/estrange … definitiva

I am in floripa and have gone through the process. Let me know if I can help :) Best of luck .

Hi Sole5,

I am currently in Brazil and will be coming to Florianopolis.

Are you available there, so I can take your suggestions.

Thanks,

Hi,
How many days it takes to have a permanant residence based on  a baby born in Brazil ? On average
And what if I left brazil without applying to permanant residency , Do I still be eligible to apply next time I visit brazil?  Thank you alot

If you satisfy all of the requirements and have all of the documents you will be approved immediately for the RNE and you will be issued a protocol. The CIE (card) usually takes about 60 days to arrive. You can probably do it the next time you come also. It will probably  be easier to do it now.

Below are the required documents.

Request for stay based on Brazilian offspring

Request for stay based on Brazilian offspring, as provided for in MJ Ordinance No. 4/2015 and related legislation (article 75, II, "b" Law No. 6815/80 and RN No. 108/2014 CNIg):


Own request, available at  https://servicos.dpf.gov.br/sincreWeb/


Two (02) 3x4 size pictures, recent, colorful, with white background.


Authenticated, clear and complete copy of passport or equivalent travel document;


Authenticated copy of the identity card of the other parent of the Brazilian child;


Certified copy of birth certificate of offspring;


Declaration that the offspring live under their care and economic dependence, with a recognized signature;


Authenticated copy of the unappealable judgment of the action of food combined with regulation of visits, in case the foreigner does not have custody of the child;


Proof of payment of the respective fee.

Revenue Code: 140066 - R $ 168.13 (Request for Permanence)

Revenue Code: 140082 - R $ 106,45 (Foreign Registration)

Revenue Code: 140120 - R $ 204.77 (Foreigner's Portfolio)



* To check if there is a calendar available for service, reprint form 154 or generate the GRU for payment of fees, click  here



Comments:

The documents issued abroad must be legalized by Brazilian consular office and translated by a sworn translator in Brazil.

The documents that must be presented by means of certified copies may alternatively be presented in simple copies accompanied by the original documents for authentication by the public server that receives them, pursuant to  § 1  of art. 10  of Decree  6.932 of August 11, 2009.

Jim

It depends on which city you are in. However expect atleast 40 days till you get your RNE.
If you leave without applying, you can still apply on your next visit but you will need a visa to enter Brazil till you have your RNE. I recommend staying and leaving only after your get your papers. Also you must keep in mind that you will have to visit once in 2 years else you lose the residency.

It seems the processes have changed a bit since I posted the comment about children being naturalized. Now they ask for more paperwork and only children under 5 are eligible to naturalize or children over 18. I still am trying to get more i fo on this new turn of events. But as usual, everyone in DPF says something different.

You will get the RNE right away if you have all the documents and meet all requirements. It will take about 60 days or less to get the CIE. I also would advise to wait until you get the CIE before leaving. If it arrives while you are out of the country it might be sent back to Brasilia.

Jim

Hi James,

First will appreciate your support which helps everybody here and thanks for that.

Can you help me, am an Indian and my wife is Peruvian and we planning a baby which we are planning to have in brazil on tourist visa, is it possible to get a PR on base of child once the baby born there.

Also apart from brazil, any other countries if you can suggest

Thanks

Yes it is possible. Be sure to have all the documents you need before you come to Brazil.

Jim

Thanks Jim,
Is there any site where I get the list of docs for that

pf.gov.br


Request for stay based on Brazilian offspring

Request for stay based on Brazilian offspring, as provided for in MJ Ordinance No. 4/2015 and related legislation (article 75, II, "b" Law No. 6815/80 and RN No. 108/2014 CNIg):
Own request, available at  https://servicos.dpf.gov.br/sincreWeb/


Two (02) 3x4 size pictures, recent, colorful, with white background.


Authenticated, clear and complete copy of passport or equivalent travel document;


Authenticated copy of the identity card of the other parent of the Brazilian child;


Certified copy of birth certificate of offspring;


Declaration that the offspring live under their care and economic dependence, with a recognized signature;


Authenticated copy of the unappealable judgment of the action of food combined with regulation of visits, if the foreigner does not have custody of the child;


Proof of payment of the respective fee.

Revenue Code: 140066 - R $ 168.13 (Request for Permanence)

Revenue Code: 140082 - R $ 106,45 (Foreign Registration)

Revenue Code: 140120 - R $ 204.77 (Foreigner's Portfolio)



* To check if there is a calendar available for service, reprint form 154 or generate the GRU for payment of fees, click  here





Comments:



The documents issued abroad must be legalized by Brazilian consular office and translated by a sworn translator in Brazil.

The documents that must be presented by means of certified copies may alternatively be presented in simple copies accompanied by the original documents for authentication by the public server that receives them, pursuant to  § 1  of art. 10  of Decree  6.932 of August 11, 2009.

Also be sure to bring marriage documents in case they request them.

Jim

Many thanks Jim !

Hi Jim, James

as said before, am planing to apply for tourist visa and i think maybe i will get for one month only so do you think it will not problematic to overstay and then to have a baby for to apply PR.

Thanks
Barun

Hi there
if you over say, you will be "fined". You will be fined for every "day" you over stay, up-to 100 days, (i think the fine is something like R$9 per-day). and the fine might be R$9 per-person. so bear that in mind

Hi

Thanks for the info, but for the baby anyhow I will have to stay till period right ? So they will ask me to pay the fine for 10 approx months ? Or any other situation will come up

Appreciate your advise

Hi Barun

Please note that the maximum fine they will apply will be for a total of 100 days.  So approximately 800 to 900 reais. 

When you will goto submit the permanency application the Policia Federal officer shall generate a GRU for you to pay the sum of  fines that are due.  Once you do that and return to the same officer, he/she shall accept your application as long as all the documents are complete and will start your CIE process accordingly.

Regards

Stanza

Thanks stanza, but is it okay to go for this option, I mean there will no risk or any problem. I understand I can't work once my visa expires

Appreciate

i think you might find your unable to work on most visas

Hi Barun

As per my understanding you will be arriving here on a tourist visa.  Which wouldn't give you permission to work in any case.  The only challenges which you might face are if you get picked up by  or stop by policia federal for whatever reason in that case they will give you a set amount of days within which you will have to exit the country after paying the fine.

However if you are able to spend the time needed in Brazil to deliver your baby then as stated earlier that will be your clean slate as you would be allowed to pay the overstay fine and get your Permanent Residence processed.

Also please note that since you would be coming on a tourist visa you can apply for a 1 time extension 1 week before the validity of your visa expires

Regards

Thank you both, stanza many thanks for the detail advise. Will check how to plan but will keep you guys posting.

Thanks

Hello Jim

Do you have patern of the following doc..?

"
Declaration that the offspring live under their care and economic dependence, with a recognized signature "

Your assistance is highly appreciated

Hi Ziad

Please note that this declaration is usually printed and given to you by the Policia Federal officer, and they ask you to sign that in front of them and attach it on there records accordingly

Regards

I believe Stanz is correct.

Jim

You can find a model or format of this declaration on the internet too if you search for it.

I just had a baby here and applied for RNE.

You just in last month. Like in seventh month. After that they will give u extension and there is nonproblem getting it. So it is to stay here legally. Then u dont have to pay fines.

Hi Mohsin,

Thanks for the info, am planning to move in August but can you help me to know is SP good to stay or Florianopolis as you seems stay in flo. Also is it good decision to move there as am still confused

Thanks for the reply 😊

Barun

Actually it depent what are your priorities. There are some benefits and flaws in both cities.

Secondly your are confuse where to come here or not. It again depent for what your are coming.

If you are coming just for passport, it is a nice option.

If you want to stay here and want to have job, then never come here. Very bad for a person who dont have money.

If you want to come here and have money for business, then it is good. This country is good for business not for job.

Okay got it, thanks for the info. I already have a cloth business here and am planning to shift there and to do the same there by ordering cloths from india. I don't know how it sounds to you. But yes for passpor, yes.

Appreciate your reply 😊

Kindly advice.
I had a baby registered in cartorio in absence of father,  please what documents do I need to get her passport as I need to travel soon as well as my RNE?  Do I need CPF for both application n does my baby need to have her rne before I can apply for her passport?

No . You just need your CPF or RNE as ID. And you can directly apply for her passport.

You need her photo 5x6 cm. Headshot.
The payment of GRU for the passport
The online form filled.
The actual baby should be present at the time of application as well as when you pick the passport.
The first step would be to apply for the passport online . Then pay GRU. Then apply for the time to submit the papaers at the nearest Pol. Fed.
Hope that helps.

Thanks for the info,  still on the application...personal datas of my child,  the next page documents shud b mine ( can I use my travel passport as identity,  since I'm still a tourist

Hi, I have two American born children. Both have dual citizenship though. Am I still eligible for this process or would they need to be born IN Brazil? They have Brazilian and American passports and birth certificates.

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