Getting married in Brazil, Permanent Visa and documents required

Dear James, Spanish Pete told me you know a lot of stuff about Brazil.....well i am currently in Cabo Frio renting a place.....i have an extension on my original tourist entry for an extra three months.....until may 15th...this year obviously.....well here goes....i married a brazilian lady back in 1993 at wood green civic centre,north london and i have a photocopy of my marriage certiicate here,how can i stay in this wonderful country indefinitely....my wife likes living in london but i prefer it here...she obviously now has a british passport....can you help me with what to do next?...many thanks...baz (barrington)

Hi Baz,

It would just be a matter of registering the foreign marriage to your Brazilian wife at the Consulado-Geral do Brasil in London. It must be done by the Brazilian spouse, then the marriage would also need to be registered afterward in the 1º Oficio of the Cartório de Registro Civil in Cabo Frio (if they have one or in the Cartório that would have jurisdiction) or in Brazilia - DF, whichever you choose. Problem is that I'm not sure if the registration at the Consulado in London can be done by mail or must be done in person. I would think only the latter.

For mor information about registering the foreign marriage see this topic thread:

https://www.expat.com/forum/viewtopic.php?id=376293

Once the marriage is duly registered you then can apply for permanency, and have a Constitutional right to receive it.

Cheers,
James
https://www.expat.com Experts Team

Thanks for your quick reply James....there is one major problem here and that is i dont know where my wife/possibly ex-wife is or if she has filed for a divorce...can i automatically assume that because she must have contacted the brazilian embassy to get a british passport to visit the united states...this is a bit of a mess isnt it?....is there any way i can do anything from brazil....maybe through the british consulate here?.....baz

Baz,

Unfortunately, unless the couple is together you can't apply for permanency based on marriage. You have to declare that you are not divorced, separated or de facto separated.

Cheers,
James
expat.com Experts Team

Ok thanks for doing your best....i have sent an email to the brazilian embassy in london asking whether she has registered the marriage with them....and also informing them that she has  uk residency and a british passport......ok if all else fails i can just carry on living here and keep my head down or do a portuguese course at a college for four hours a week n'est pa? i'm sorry for taking up all your valuable time...many thanks...baz

I don't believe that a 4 hour a week Portuguese course is going to qualify you for a VITEM-IV Student Visa, besides that would only be issued for a max, of one year and only for as long as you are in the course. I'm sure you'd need at least a 20 hour per week course. Also a VITEM-IV is a consular visa, it can't be applied for from within Brazil and one must pick it up in person at a Consulado.

Re just keeping your head down, very risky. Don't forget that in Brazil the law requires you to carry your ID with you at all times, and present it upon request of a police officer. Since you're not permanent you don't have Brazilian ID, so that means your passport. The moment an officer sees you're on an expired visa, they are obligated to turn you over to the Federal Police immediately.

Police here routinely check the ID of EVERYONE when they are called to the scene of any occurrence, if they stop a vehicle they will demand ID from all of the passengers, not just the driver.

While you can obtain a CPF number if your visa is still valid, you can't apply for a work permit (Carteira de Trabalho) so you couldn't work at a formal job, you can't open a bank account, or do many things like arranging utilities in your name since they require your CPF and RNE in most cases. It's really difficult to fly under the radar here in Brazil.

Cheers,
James
expat.com Experts Team

Hello everyone,

I cannot thank you enough for your informative articles and posts.

My fiancé (a native Brasilian) and I recently went to a cartório in Ceara and thought we had all the necessary documents to apply for marriage. Upon arrival, however, we were informed that I, as a foreigner, needed a deceleration from the Federal Police saying I had a "normal situation" in Brasil. I have been told by various people that this is against the law in Brasil, since it violates article 226 of the Brazilian constitution concerning the protection of the family. I've also been told that it is against the law for a marriage application to be dependent on one's immigration status, since marriage is a fundamental human right protected by the constitution and therefore allows a foreigner of any status (whether having time left on their visa or having overstayed) the right to marry.

Can anyone confirm or deny any of these claims? I prefer to get all of this cleared up before scheduling an appointment with the federal police and go all the way there for naught.

Cheers

Hello my friend ....what do you mean by "Normal Situation" ?

You need to be legally in Brazil to get married here.....if you are currently illegal in terms of overstaying you will not be able to be getting married in Brazil at this time .
If you are still legally in Brazil there is no "Normal declaration" that I'm aware of , just show your entry stamp visa

Namastê

Hi

Although I agree with everything that Raj has stated, another option that I can advise you of is to hire an attorney, they usually charge between 500 to 1500 reals not more than that.  Worse case scenario that I have seen happen in Brazil is that a person had overstayed and there neighborhood cartorio was extra strict hence the lawyer was granted the power of attorney and signed the documentation on her behalf.

Good luck and do keep us posted on your experience

Regards

Hey Stanza and Raj,

Thank you both for your help.

Stanza, you're idea sounds awesome, but I'm wondering if I could pull it off. The biggest issue has been the supposed "Decleration from the Federal Police" (required in Ceara) which states that I have regular status. Would someone be able to sign on my behalf and not need this certificate? I have every other document (translated and everything) except that one. Could a lawyer go to a cartório, sign on my behalf with all of those documents presented and not need the Decleration from the Federal Police?

Thank You

Hi

I believe if you go through a lawyer you probably won't need to get this declaration.  Cause in a way since the power of attorney grants the lawyer the permission to act on your behalf everything else should be smooth.

Also please PM me your current status if possible in order for me to have a better understanding of things.

Hello everyone,
after I married , I'll apply for viper permanent visa ,
but what about job? can I work there?
or I'll have to return to India for work visa or can I get work visa while staying in Brazil.?
please reply
thanking you

hello raj sir.
I'm from India I want to marry my girlfriend in Brazil.
what are the documents I'll require to take from India, and can I stay there and work after marriage?

namaste

Hi Vida

Instead of repeating the same questions again and again, please read through the older replies on this and other threads and you shall find all the answers you are looking for. 

Good luck

About working Yes you can apply for the work permit after you apply for permanency. You can search the info here.

thank you everyone..

Hello ,

Thanks for this information, it has really helped prepare for my upcoming trip to Rio.

I wondered how long it takes for the marriage certificate to be issued. Is it on the day of the wedding or do you have to wait a few months?

I ask as I will be needing to apply for permanancy after the ceremony, and the marriage cert is vital.

Thanks in advance
David

my girlfriend have own house in other state of Brazil, but she now is working in Rio, there she don't have own house, so can I get a permanent residence visa ?

No sorry no visa

If she is living somewhere use that address.

OK thanks Jim for your immediate replies,

hello stevefunk,
what do you mean by no visa.
is it compulsory to have own House to get permanent visa?

Vida , I'm just kidding , you need to calm down

First where are you applying for you visa from , are you in Brazil now or still in your home country?
The address is actually the least important part of the whole process....If you are currently in your home country put the address of your wife's house  - although I do not remember been asked for address when I applied outside of Brazil.

If you are in Brazil you must put the address where you are staying now currently , it does not matter if you own or rent it. The address must be in the same area as the federal police office that you are going to use to apply for you visa. I don't remember been asked for any proof of address when I checked in to the federal police the first time , but as we know these things vary state to state.

In the Brazilian system, like any other the condition of getting a permanent visa is that you are actually living in the same residence as your wife.

stevefunk you nearly gave me a heart attack.

already it's very difficult for me to get tourist visa for 3 months .
I'm in my home country India.
I don't know what to do.

Sorry Vida heh heh , but I can assure you there will still be a few more of those moments until this process is complete , the trick is to just be very organized with your documents and very patient.

So you are already married to your wife who is a Brazilian right?
The process should be simple , apply from India and give the address of your wife's house in Brazil.
When you arrive in Brazil you must go to the Federal Police in the city where you live within 30 days to
Validate the visa and start the RNE process of registering as a foreign permanent resident to get your ID card in Brazil. At this stage you can update them with your address of where you are staying.

If you move in Brazil you have to register your new address each time with the Federal Police within 90 days......but don't worry to much once you have your Brazilian marriage certificate in your hand there is nothing much they can do to you , all the other stuff just becomes formality to get all the various documents you will need in Brazil.

To get the Brazilian marriage certificate you register you marriage at the Brazil consulate in India then they give you a kind of reciept which you take to a cartorio in Brazil to get the Brazilian marriage certificate . It takes about 2 weeks to arrive after you go to the Cartorio.
Hope that helps

stevefunk sir I'm still unmarried,
I'll go to Brazil with all my documents so that I can marry there.

first I'll have to take tourist visa for 90 days which is difficult to get in India.
and also I'm not rich to show huge bank balance,
if anybody can suggest something with your knowledge and experience .
thanks in advance

you have to abide by the rules, if you don't, then you might get sent back to where you come from
rules are rules
if you cant, then weight until you can, otherwise your wasting your time and money

the documents which are mentioned above by james for marriage and permanent visa  , for Indians also required same documents ??

Hi Vida

Please note that unless specifically mentioned otherwise all the requirements apply for all nationalities!

Furthermore please contact the Embassy of Brazil in Delhi for more specific clarifications or you can also ask your girlfriend to contact the policia federal in her area in order to receive a list of requirements and send it for you accordingly

Regards

hello stanza51
yes, I'll do that
thanks

I am from the UK and have been in Brazil on a 6 month tourist visa due to expire on 3rd July. I am in the process of marrying my girlfriend here, just awaiting a few final documents to be legalised in London, but looks like they won't arrive til after the 3rd. Is it possible to stay in the country without jeapordising my marriage and just pay whatever fine I incur when they switch my status? Or would it possible to approach the policia federal and tell them my situation and that due to delays things haven't happened as planned? And get some sort of extension?

Thanks,

Joe

Hello James,
Greetings.

This is Aty working and living in Sao Paulo, Brazil since 2012.
I am planning to get married to my Brazilian girl friend in the month of September 2016.
Please let me know with reference to the article url:https://www.expat.com/forum/viewtopic.php?id=280525,  you posted about "Getting married in Brazil, Permanent Visa and documents required", if the rules, formalities and documentations mentioned there are still the same or they have been implemented recently.

Thanks & regards,

Aty

atysri wrote:

Hello James,
Greetings.

This is Aty working and living in Sao Paulo, Brazil since 2012.
I am planning to get married to my Brazilian girl friend in the month of September 2016.
Please let me know with reference to the article url:https://www.expat.com/forum/viewtopic.php?id=280525,  you posted about "Getting married in Brazil, Permanent Visa and documents required", if the rules, formalities and documentations mentioned there are still the same or they have been implemented recently.

Thanks & regards,

Aty

Hello Aty, I sent you a message about James, to the best of my knowledge Nothing has changed, read James instructions and you should be fine. Whatever documents listed you must have. Follow the instructions of the post.

Hello Alascana,
Greetings.

This post is in continuation to my previous post. Please, I need some information from you or may be from someone on this forum who can suggest about the formalities and procedures regarding appointment with Federal Police, Interview process and Home visit for Stable Union/Marriage as I am exploring the option between the two.
What kind of questions do they generally ask and what do's and don'ts do i need to follow?
I really appreciate any help you can provide.

Kind regards,

Aty

Dear James,

Thank you for this useful blog. I recently got married to my brazilian husband and I have a permenant visa stamp in my passport as well as the protocol. My question is about the home visit. I remember reading your blog before starting the process and you stated that the Home Visit no longer happened. I was told by my lawyer that it can still happen although they are rare but he also said that due to me and my husbands age difference (I am 23 and he is 39) this may raise an alert. We wouldnt really care about this in 4 months but due to my husband work situation we had to claim we were living together while in fact my husband will be living in Rio and I will be living in Sao Paulo for the next 4 months until his contract is over while I start my new job in Sao Paulo (where we got married). My lawyers seem to suggest this may be an issue if they do the home visit but I wanted a second opinion as my lawyer has been wrong about some details before.

So, my questions are: do the home visit really not happen anymore (even if a low chance)?; if they do still happen is there anyway I can just tell the police about our situation and it be okay with them?

Thank you!

Hi
James is no longer living unfortunately....

They don't do home visits anymore....however I guess there is always a slim possibility that they might, and this is what your lawyer has advised you about....as he said, it's rare....
I know you are just looking for some peace of mind ....but really how can anyone on a forum give you a definite answer ....it's kind of like asking "will I win the lottery in the future?"
Home visits are and always will be a part of any immigration process in any country when there is a high suspicion of a phony "Marriage of Convenience"

However I think this is really unlikely to happen unless theres more you're not telling us, if the marriage is genuine I think you have nothing to worry about...

Hi just for your information they are not doing home visits at all anymore as far as your permanent residency is concerned.

  Since you already have the protocol it means  means that your card is under process to get printed.

The only time they do a home visit now is during  the process of naturalization to obtain your Brazilian citizenship.

Also the age difference between you and your husband is not that much for  anyone  to raise eyebrows. To be quite honest with you I am pretty sure that your lawyer either doesn't know the process fully or he or she is just saying  these  things to make themselves seem more valuable to you in the end.

Some times Lawyers advice is not good, especially if they don't keep up to date. The process changed and maybe he doesn't realize it. anyway as stated . you have your protocol so it's a done deal.

Yes Spanish Pete is right, James has good knowledge on these things.