Divorce ( Permanent Visa & Permanent Residence)

Hi everyone
good afternoon's
I have one friend, who is not part of this forum. He was married to Brasilian lady. He got his permanent residence on marriage basis. Only 4 days was left to complete 5 years of marriage, they divorced. His wife taken his CIE card. After she told she had lost it, along with his debit card. He gone back to his home country. But without his CIE Card. At departure, he told about this matter to agent from Federal Police. They told him to make online report for loss of CIE Card. Also put exit stamp on his new passport, with duration of two years. They told him as you are permanent residence, also have stamp by Federal Police as permanent residence. You can come back within two years. Divorce not end your right of permanent residence. But immigeration at home country not let him board flight. Insisting on original CIE card. He only had online police report, along with photo copy of CIE. He also showed e mail from embassy, that he can travel back, as already holding permanent visa, but nothing work in his favour. After contacting embassy. Counselor told him to   apply for visit visa. Which he did already. Now question is if embassy will issue him tourist visa to enter Brasil? Or there is possibility of denying visa to permanent residence holder?  What is the solution for his problem.
Thanks to all. I hope with your help. I will able to clarify him about his situation, also what step he needs to take in future.

Hi!
According to the practical information I had from Policia Federal is:
They cancel the permanent residency if they know that the divorce was affirmed. (averbacao de divorcio).

I know a very close friend who got denied his entry to Brazil by federal police because he had already divorced, his status of permanent visa was already cancelled in the system of Policia Federal.
This person was entering to Brazil to continue his Postgraduate studies, as he had a full scholarship. He went to his home country just to visit the family. He did not know that his Permanent RNE was cancelled, while he was handling RNE card in his hand. At immigration, Policia Federal collected his RNE and denied the entry.

The Policia federal came to know that he was a legitimate student, they denied his entry and asked him to come to Brazil based on a student visa to study. This person showed me his entry refusal letter as well as Permanent RNE cancellation letter issued by Police.

Now, I know that Permanent visa can be cancelled upon registered divorce. If you are already in Brazil, don't go anywhere without regularizing your status, otherwise, you can get in trouble.

I hope this helps you.

Thanks

Unless something has recently changed your information is incorrect. Divorce does not cancel a permanent residency.

Jim

I am divorced here in the U.S. but still not in brasil and this issue has passed my mind. I am 59 and my Visa is INDETERMINADA meaning it doesn't expire and I would assume if I were to get my divorce registered in Brazil I would not be affected adversely.  I should would hate to shoot myself in the foot loosing my permanent status

After the 2017 reform, the Law of Migration is disturbingly ambiguous about what happens if a resident foreigner loses the original justification of her/his status.  On the one hand, it doesn't explicitly say that loss of residency is automatic; on the other, it does say that the Federal Police can open an examination of anyone's status on the basis of a complaint to them.
Robert60, in your situation, I'd discuss things with a Brazilian attorney before I recorded my divorce in Brazil, and follow that person's advice, always being aware that your ex could preempt any action on your part by registering the divorce on their own.

Hi good morning. I agree with you.

I agree with you jland.

Hi!

Thanks for the information. Let us hope that you are correct. As I mentioned above, the person, sent me the details and documentation given to him at the airport during entry refusal.
The person is in his country of origin, applied again for a student visa and waiting for the results. He is a postgrad fully funded student at USP. I am concerned about what type of visa are they going to issue, whether student or the permanent visa is going to re-stabilize. While his RNE number of Permanent visa has been used everywhere from banks to the ministry of labor, as he worked registered in the past.
What do you think? Can Permanent residency be re-stabilize in this situation?

    Thanks, Best Wishes

The loss of residency is not automatic (because there is no linkage of systems, there is no such linkage between the notaries/cartorios and the federal police), but the loss of the basis condition of the visa is a potential problem. In my legal practice, I have never seen the visa being automatically cancelled, but I saw it being cancelled by the foreigner stating, spontaneously at the Federal police, that he/she has gotten divorced.

Thanks for the information, Sergiobotinha!
Yup, I understand that someone has either reported or submitted the divorce documents in the federal police, that is why the visa has been canceled. But the strange thing is that the PF didn't want to know, what the person was doing. He was fully funded for his postgrad and now he is in the middle of his program. If the PF had notified him, at least he would have changed his status being in Brazil.

Hi. I think he will get student visa. It will allow him to enter Brazilian territory. Never happen this before, what you are saying. Many people divorced. But her x don't have any right to cancel his permanent status. Only if he is out of the country for two years. Than he will loose his permanent residence. Lets hope he is issued visa.

One thing more, even by reporting in Federal Police about Divorce. PF don't cancel permanent visa, or permanent residence. It's your legal right. What this means if some one marriage not go forward, he will loose every thing. If cancelled too, it's against law. It will be undone in court of law.

I understan the that, but I am not sure, whether it can be undone.

One more thing may have caused problem is that he entered in Brazil first time on a permanent visa based on marriage. He had no other Brazilian visa on his passport. As marriage has gone permanent residency may have gone.

I am quite curious to know, what happens when RNE number will be changed (from permanent to temporary), will he need to change this RNE number everywhere, I mean in banks, to withdraw his FGTS (as he worked in the past), in Ministerio de Trabalho, Health Cards, etc. All governmental and non-governmental agencies etc.

i dont understand why diffrent openion about cancelling permanent resieency due to divorce or wife complain. can not somebody ask about that to lawyear or policia federal to know? then this confusion will gone.

Mostly as to length of marriage. If short and the Brazilian citizen of the marriage notifies PF, the PF may look into the marriage and the non-citizen's CRNM.
There has been many "marriage of convenience", just to get a PR to live in Brazil. A CRNM can be voided at any time if there is an issue. (see my note of such when I was with an agent while answering such.)
Sure, it is wise to seek a good immigration attorney (we always are giving experiences not legal advice) Going to PF could have the records checked after answering all their questions, but you will know the answer, but not what will happen later. (Recommend a supervisor level to talk. Some front desk agents may not have experience in marriage matters)
PS CRNM is correct. Same as RNM, RNE. Law changed in 2017 made the name change.

Badol919 :

i dont understand why diffrent openion about cancelling permanent resieency due to divorce or wife complain. can not somebody ask about that to lawyear or policia federal to know? then this confusion will gone.

The law is ambiguous on the subject.  The policy, however, is not:  a marriage of convenience violates the intent of the law,  and is grounds for voiding the CRNM, at the discretion of the Polícia Federal.  In these cases, the Brazilian partner's version is often believed.
We generally suggest consulting an attorney in principle; a qualified attorney can be difficult to find, however,  and can be expensive.

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