Permanent residency for Same Sex Couples

Hello Ricardo!

Thank you sharing these information
I'm sure that it will be very helpful to other members!

Maybe you would also like to contribute to our participative guide ?

Regards
Armand

Thanks for sharing!
Is it possible to be granted a work visa too?
I am in a same sex relationship, and will be soon getting married here in the UK, before returning to Rio De Janeiro.
I don't know how long we will spend there - but I am hoping to work (I am an English teacher)
Are you able to offer any advice?

Chloe,

Congratulations on your marriage. As far as the work visa goes.  I believe you will have to enter the country with a visitor visa and then apply to change the immigration status to permanent resident based on a "Stable Union" before you can work.  Your partner will have to find employment in Brazil and prove she can support you financially during the time you wait for the process to finish.  However, it is very common for people to secure informal employment during that period. My partner and I tried to start the process here in the U.S. but the embassy told us that we would have to apply at the Federal Police office in Rio.

I hope this helps you.  Please let me know if you need help with the "Stable Union" process.

Thank you so much!
How long does the process take? on average I mean. I can't wait to get back to Rio!!

Hi Ricardo

I am looking at getting permanent residency through a stable union but have a few problems.  One I am already in Brazil and only have a few weeks left on my visa, two I do not have a police clearane from my country and cannot leave Brazil to get it.  Is there anyway I can get around this and still apply for visa? Must I have sufficient funds to prove my ability to stay here or can my partner show his income and ability to support me?

What documents are needed to apply?

Regards.

Hi k22,

As far as the Criminal Records Check from your home country, you start the visa process here without it. You get your fingerprints taken at the headquarters of the Federal Police and send them off to your country. The Federal Police are quite familiar with this process and they can tell you what to do. You should do a browser search about getting the Criminal Records Check process for your country. You don't have to leave Brazil to get it.

If your partner can prove sufficient income to support you there should be no problems on that front either.

Regarding the short time left on your visa that could be a problem. If your partner is Brazilian and you have all the necessary documents required for a civil marriage I would suggest doing that right now and then enter the permanency process. If you and your partner have been together for a year (and can prove that) then you can also enter the permanency process based upon a "Stable Union" right now.

If your visa expires you're sunk since you must be legal in the country to conduct any official acts. There is no way around the visa. If you've had your 180 days for the year. If you are referring to your visa expiring thinking that it is only valid for 90 days you can get a further 90 day extension from the Federal Police, that is very simple. If you are qualified for the additional 90 days then go get that done immediately. It's called "Prorrogação de Estado". The additional 90 days should be long enough for you to tie up all the loose ends, get married or declare Stable Union status. The Criminal Records Check usually takes a long time but the Federal Police will accept that document once you obtain it and it has passed through the Brazilian Consulate in your home country to be legalized.

Another thing... if you are able to get married right away then you immediately enter the permanent visa process; the clock stops. You are legally allowed to remain in the country until the process is completed. This can take up to two years or longer.

Technically speaking, once legally married... visa expired or not you can remain in Brazil. You're not considered as being illegal, just in an "irregular" situation, which can be resolved. You will need to carry your marriage certificate with you at ALL times, just in case you are asked to produce your documents for some reason. Once the police see the marriage certificate they don't care what the date on the visa is. They may have to notify the Federal Police, but even that shouldn't be any problem. Unless you involve yourself in some kind of crime here in Brazil even the President can't order you deported if you're married. You could be "invited" to leave voluntarily but I have rarely heard of even that happening.

Good luck.


Cheers,
William James Woodward - Brazil Animator, Expat-blog

Thanks Wjwoodward,

Glad to hear about the criminal records check being possible to do here in Brazil. Regarding what you said about the others I have a few more queries:

My 180 days is about to expire, but my partner and I have been together for over a year - if we apply for the stable union before my visa expires then can I still apply for permanancy without it being a problem?  Do you know what proof we will need for the stable union? Have the time we were together was in Austalia and the other half here in Brazil where we are living with his family.

If I remain here without a visa and marry at some point in the new year can I still apply for the permanent visa? Or if I leave the country on an expired visa can I return at anytime once married or must I still wait the 180 days turn-over?  I was unsure if the roll count begins from the end of my first visa or the day I depart the country?

Thanks again for your help.

k22,

I'm not exactly sure what proof you will require, that is a question that the Federal Police can best answer. I believe that if you have any documents such as joint bank accounts, utility bills with the same address, etc., and notarized statements of any witnesses to the fact that a relationship existed that should be sufficient. Better still if you had some kind of cohabitation contract or agreement in writing, that's foolproof. You can probably enter the process even if you can only produce proof of the time together here in Brazil, provided that you provide the other relating to the period in Oz sometime during the process.

Regarding entering the permanent visa process based on stable union, YES YOU CAN ENTER THE PROCESS RIGHT NOW. Get cracking and do it now before your visa expires.... run, don't walk to the nearest DPF headquarters!!! Once you enter the process the clock stops and you can stay here until the process is completed.

They take the application without the Criminal Records Check, and you provide that later once you've received it and had it legalized by the Brazilian Consulate in Oz. In fact there are many of the documents that you don't have to produce at the time of your application, you do so eventually, it just prolongs things. The Federal Police will give you all the information you need and what must be handed in now, what can be later.

Again, good luck.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

If the permanent visa is denied am I then forced out of the country?  Also I first must get the certificate for the Stable Union before being able to apply for permanent visa correct?

Thanks

Hi k22,

You should probably enter into the permanency process with some kind of proof that the "stable union" has existed here in Brazil for a period of time (I presume you're talking about a period of about 6 months). That should be enough to start with, but you will still need to provide the details of the period you were together in Austrailia. If you are worried about the visa issue then just phone the DPF Estrangeiros department and speak to them anonymously. Explain all the details and find out what they have to say, it doesn't hurt to be informed. I really believe that given what I understand of your situation that they will accept your application now.

I can tell you from personal experience because I lived in BH and dealt with the Federal Police there, they are quite friendly and helpful. I had a very serious problem with my situation in the country because I was legally married to a Brazilan woman, but we had separated (defacto) before I had the chance to enter the permanency process. I was already in another relationship but couldn't declare "stable union" with another woman while not legally divorce. I was scared to death, but went to the DPF anyway and explained everything. Even though my visa had not only expired but was now outside of the 5 year period of validity I wasn't asked to leave. I dealt directly with the Delegado and he told me that he wasn't going to take any action whatever since the Marriage Certificate was still valid, to stay calm and he'd help me resolve everything if he could. Even though he wasn't really supposed to, he gave me the name of a good immigrations lawyer that he knew personally and called to refer me. So you can see, they're not all ogres. To make a long story short, in the end I couldn't resolve the problem and enter the permanency process at that time even with his help. Later I got into the process through the Anistia para Estrangeiros law that the Lula government brought in. Now I have a Brazilian son, a happy and stable (albeit still common-law) marriage and I am nearing the end of the permanency process. Right now I have my RNE and have permanent status, just waiting for my Carteira de Identidade Estrangeiro to be ready. (Also something that they take forever to do)

Regarding the issue of having to leave Brazil if your application is denied, that's way down the road yet. The process can take two years or even longer in some cases. But, yes you would have to leave the country if the application is denied. You would not be deported, they "invite" you to leave voluntarily. There is nothing to stop you from coming back to Brazil at any time in the future. Even if you didn't leave in the timeframe they gave you (usually 8 days) and they did deport you, deportation here in Brazil does not prevent you from re-entering the country as it does in many other countries. It may complicate things but it is still possible.

Don't risk overstaying your visa, it will only cause headaches in the future. If you can't get into the permanency process now it's far better to go back home now and get all the documentation together. You can re-apply for the permanent visa at home or here and it will be handled in exactly the same manner. If you've got all your ducks in a row, so to speak, I'm sure you will have no problems.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Is dealing with the Ministry of Justice in Brazil the same as dealing the Federal Police - I went on their site to find a number to ring but I couldn't find one however read on their website that this permanency visa can also be applied through the ministry of justice?

So are you saying that with simply a letter of the my partner's family we are staying in will suffice for now as proof of us living here? The problem is that we live with the family and therefore do not have any of our names on bills etc.  While I wait to receive our proof from Australia which needs to be translated and authenticated - taking too long - I need something now.  I am going to the cartorio to see if they can give us a certificate but otherwise will statements from the family be ok? We have been living with them for 6 months.  I also have lots of travel tickets with our names on it as we travelled many countries together last year, if this is good for proof of relationship I don't know.

Sorry for all the questions.

Hi again,

The Federal Police is an arm of the Ministry of Justice, you deal with the Federal Police, but it is the Ministry of Justice in Brasilia that makes the determination whether to grant the permanent visa or not. You do not deal with the Ministry of Justice directly unless they contact you in writing requesting further documents or information, for starters you just deal with the Federal Police.

If you can afford a lawyer of any kind then he can take a deposition (depoimento) from your partner's parents regarding the fact that you are really in a mutually exclusive relationship and the length of time that it has lasted both here in Brazil and in Australia. This statement will have to be notarized and sworn in the cartório, a simple letter will not do. This, combined with travel tickets for both of you over the year, and anything else you have on hand at the moment should be enough to get you into the permanency process right now based on a "stable union". Don't delay. Also very important, any time you need to produce a document with a signature that is authenticated it should be for authenticity not just likeness (reconhecimento da firma por autenticidade) this costs a bit more but it is the only one that the Federal Police accept. The person signing the document must actually appear in person at the cartório, present ID and sign the registry book.

Once in the process you are fine, the documents can all be turned over to the Federal Police or Ministry of Justice, depending on who requests them, as they become available.

Any further questions just fire away. I can imagine just how desperate this is all making you.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

I don't think we can get a lawyer.  What about a rental agreement with my mum - we paid her money.  But this would be coming from Australia.  I don't think we can apply.  We don't have written evidence of us living together apart from family and friends that we stayed with and individual letters addressed to us at the same address, there is nothing else we can go on.  Being 25 and 23 means that we don't have financial proof of these things even though we have been together for over a year and a half. 

If I left Brazil after my visa expired, got married early next year and applied for permanent residency then can I return any time to Brazil with a temporary visa they may give me or must I remain in Australia until the Permanent Visa is granted?  Or if I leave after the expiration does the day I leave become the day where a year from then I can reenter the country or a year from the end of the visa regardless of when I left? 

I will find out how we can get a certificate for a Stable Union here and maybe that will be good enough evidence along with everything else. This is what it says on the Ministry of Justice website:

A União Estável poderá ser comprovada por um dos seguintes documentos:
a) atestado de união estável emitido pelo órgão governamental do país de procedência do chamado; ou
b) comprovação de união estável emitida por juízo competente no Brasil ou autoridade correspondente no exterior.
Na impossibilidade de apresentação dos documentos elencados acima, a comprovação da União Estável poderá ser feita mediante a apresentação de:
certidão ou documento similar emitido por autoridade de registro civil nacional, ou equivalente estrangeiro;
declaração, sob as penas da lei, de duas pessoas que atestem a existência da união estável; e
no mínimo, dois dos seguintes documentos:
comprovação de dependência emitida por autoridade fiscal ou órgão correspondente à Receita Federal;
certidão de casamento religioso;
disposições testamentárias que comprovem o vínculo;
apólice de seguro de vida na qual conste um dos interessados como instituidor do seguro e o outro como beneficiário;
escritura de compra e venda, registrada no Registro de Propriedade de Imóveis, em que constem os interessados como proprietários, ou contrato de locação de imóvel em que figurem como locatários; e
conta bancária conjunta.

Last question: I heard that if we apply for intent to marriage before the expiration of my visa then it is ok - it takes 45 days to process but as long as we apply before visa expires it is fine.  Have you heard about this? This is what the people at the local cartorio office said.

I am starting to go crazy - what if we get a certificate from the cartorio about stable union, we have letters addressed to same address in australia - is that enough to apply with at the beginning? I am nervous to apply and find out I do not have enough evidence that they will cancel application and then kick me out of country.

Thanks