Termo de Responsabilidade e Manutenção validity

Hello SrGrumpy,

From the look of things you started this all quite some time ago, am I right? Things have changed significantly since Sept. 1, 2014 when new procedures came into effect for permanency applications.

One of the most significant of these changes is that a Certified Criminal Record Check is no longer required for those who have married Brazilian citizens. This has been replaced with a "Declaração Sob Pena da Lei de Não Condenação".

You should read the topic thread linked below for further information regarding the new process:

IMPORTANT NEW CHANGES FOR THOSE APPLYING FOR PERMANENT VISAS

Regarding the "Termo de Responsabilidade e Manutenção", yes they will require an up to date declaration. Likely they won't accept anything that has not been issued within the past 60 days.

Just a quick question, are you planning to apply for permanency through a Consulado-Geral do Brasil in the USA? If so, it will probably be much easier and quicker for you to come to Brazil on a VITUR Tourist Visa and make your application here. Now under the new system it is a combined process where all the three (formerly separate) steps are done at the same time - Pedido de Permanência Definitiva, Registro de Estrangeiro and the application for your Cédula de Identidade de Estrangeiro.

If all the paperwork is present and in proper order, permanency is granted immediately, your passport is stamped "Registrado como Permanente", you are registered in the RNE and you need only wait for the Cédula to be produced. That usually happens within 60 days in most cases.

Also once your application is accepted, you have the right to remain in the country, apply for your Carteira de Trabalho e Previdência Social - CTPS and to start working right away.

The only real difference as far as the paperwork is involved. If you apply through a Consulado in another country your documents don't have to be translated into Portuguese. However the process will take longer when applying from abroad, and you cannot enter Brazil until you have actually received the VIPER. (not even on another category visa)

If you apply here in Brazil, your documents must be translated here in Brazil by a sworn translator and that will increase the cost somewhat. But the immediate permanency upon application is really a factor you should consider very carefully, because it really will justify the additional cost in most cases.

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

Hey James,

Many thanks for the speedy response. I would be applying from the Consulate in Los Angeles, which requires, among other things, that: "You must upload your photo (2" x 2" passport photo), signature, criminal history report, birth certificate, Brazilian ID [huh?] and affidavit form when filling out your visa application."

I did it today, without the affidavit. We'll see what happens when I show up for my appointment on Jan. 21, with a fresh one.

Time is NOT of the essence. I will be in Brazil for Xmas, and I will return for about 12 days in February. I think it is easier to go through the Consulate.

One thing you said was troubling: "you cannot enter Brazil until you have actually received the VIPER. (not even on another category visa)." That might make it really difficult to return in February, assuming the Viper is not ready by then (and even if it is, I won't be in LA to pick it up).

PS - I am not American, so don't need a visa for Brazil. Are you saying that I am essentially banned from entering Brazil (briefly, as a tourist) until the Viper paperwork is done?

Yes, that's exactly what I'm saying and why I suggested applying here, that even though there would be extra costs incurred with translating documents. Once one applies for a VIPER abroad, they cannot enter Brazil until the VIPER is actually granted. That's the same for anyone applying abroad.

Also the fact is that by applying here you are considered "inexpulsável" under Decreto/Lei 6815 and because Art. 26 of the Federal Constitution provides for special protection of the family unit. Now, if the consulate does accept the documents you've sent them via e-mail you will have to wait until you get the VIPER.

The Brazilian ID is for your Brazilian spouse, not you and the Affidavit is likely the Declaração Sob Pena de Lei Não Se Encontra Separados De Fato ou Judicialmente. It's a notarized Affidavit containing all of the details of each spouse, their ID and address, etc., declaring that they are not separated (i.e. the couple still exists).

And what about the Marriage Certificate in all this? Didn't you send that in too? Have you already registered the marriage with the Consulado? That's absolutely necessary for the marriage to have legal effect here in Brazil (only the Brazilian spouse can register it), and it also must be registered with the 1º Oficio de Registro Civil once you've arrived in Brazil.

Cheers,
James
expat.com Experts Team

Yes, I sent in the marriage certificate too. The marriage (2006) was registered with the consulate several months ago, and we have the certificate - which is now older than 60 days (!). As for the rest of your recommendations, well, I will take your advice and try to do this during my Xmas visit.

PS - I knew there was a catch about doing this in Brazil. I do not have ability to send my passport back to Europe for: Cópia autenticada, nítida e completa do passaporte ou do documento de viagem equivalente;

Consulado, it must be.

No problem with the Marriage Certificate as long as it was registered.

If you're doing the process in LA then you just get a Certified Copy of your passport done by a notary. You don't need to do that here in Brazil.

In Brazil you get a Cópia Autenticada at any Cartório.

Cheers,
James
expat.com Experts Team

Ahh, you're a dynamo. So, I don't need to do this first for my passport? -

Os documentos emitidos no exterior deverão estar legalizados por repartição consular brasileira e traduzidos por tradutor juramentado no Brasil.

Translation is necessary for all documents issued in English, if you're applying in Brazil. Almost all of the Brazilian Consulates in English speaking countries will not require English language documents be translated when applying abroad.

The documents will however likely need to be legalized. They might let you off the hook on that if you're applying in LA and doing the whole process there.

Cheers,
James
expat.com Experts Team

Hello James

Its true you are a dynamo

I really need your help! Im on a Vitur Visa, and two days ago my wife and I got married. Now that I have a marriage certificate, I don't know what to do. I want to become a permanent resident but I can't stay for long now in Brazil, I have to go back to Egypt and move back in 8 months.

For the time being which is the better solution:

1. I certify my wedding certificate, termo de responsibilidade, and take them to Egypt and apply for a Viper from their, get the Viper, fly back to SP and change it to RNE?

OR

2.My wife and I , go to the Police federal and apply for RNE and permanent Residence here? How long will this take? I can't stay more than a week more, and have to leave Brazil? Can I enter again with the Protocol?

Are you leaving because your visa is up or you need to go back for a different reason.

I asked that because if you have the application and all fees paid and ready to go you can apply here even if you only have one week on your visa.

As long as you have started the process before your visa expires. You are good.

My visa had expired but I just need to leave the country for a few hours to get the stamp In my passport and I was able to return with a letter from the federal police

You can do either one. If all of your paperwork is in order you will receive a protocol immediately and your CIE will be available in about 60 days.

Jim