uniao estavel help needed to understand process

Hello All,

I am needing to have my relationship formally recorded I think it's called uniao estavel. It has been suggested to record it in such a manner where any assets either of us own are retained by the individual only ,in the event of separation and we split up we each keep what we brought ourselves.So assets we have such as property will.not be at risk from either party.

Does anyone have any ideas how one obtains the uniao estavel please? What documents are needed etc? How long it takes to complete?

Thank You

MKP

Hello,

I am searching the same.. We are not sure if marriage or união estável is the best solution. I already asked the consulate and they said this:

'The family reunification visa can be granted to persons who have an official cohabitation agreement and who actually live under the same roof.  The visa allows the foreigner to register with the Federal Police to obtain a residence permit in Brazil.

The residence permit can also be applied for directly with the Federal Police in Brazil, but the requirements are the same: an official cohabitation contract in addition to other requirements.

Both in the consulate to apply for the visa and in the Federal Police in Brazil to do the permanent registration (or even for the application for those who do not have a prior consular visa), the presence of the Brazilian partner is mandatory for the procedure '

My partner asked the federal police and we are waiting for reaction. I hope this already helped a little.

For the rest I didn't find a lot. Do tou have some more information? It could help us to.

A Declaration of Stable Union is done with your partner at a cartório.  Both partners have to be present and naturally, both have to agree on the property terms.  Here's an article that outlines the requirements in English; the cartório can fill in the specifics:

https://partnersontheroad.com/2016/02/1 … nent-visa/

Juliedh

Some Belgium-specific information is available in English on this blog:

https://abelgianinbrasil.wordpress.com/

Note that since M. Noulet wrote this, Brazil has joined the Apostille Convention, and Belgian documents are now apostilled by the Belgian authorities, not legalized at the Brazilian Embassy in Brussels.

Different cartorios may ask for different documents, so you need to locate the right one and call ahead to make sure.

I just got the uniao estavel yesterday and I needed to show them:

- My passport
- My CPF (which I obtained for this)
-Birth certificate issued within the last 90 days
- Portuguese translation of my American birth certificate, done by a sworn translator
- My Brazilian girlfriend's birth certificate, also no older than 90 days
- Xerox copy of her ID and CPF
- Xerox copy of the IDs and CPFs of our two witnesses

If you don't have xerox copies, they might xerox for you.

Proof of Brazilian residency was requested ahead of time, but we forgot to take it and they didn't ask for it when we got there. We just told them the address.

We brought the documents to the cartorio one day and the uniao estavel document was ready to be signed by us and our witnesses the next day.

To keep finances separate, specify "separacao total de bens" when requesting the uniao estavel.

Gathering the documents was a pain, but once we got to the cartorio the process was quick and simple. The uniao estavel cost about 600 reais.

Interesting that you had a timeline on birth certificates. I know about background checks, but BC is new

OHBrazil,

Good news -- congratulations.  Please let us know how things go with the Polícia Federal.

Amazing info!

Do you now the difference between the união estavel and marriage for Brazil? Except that only with marriage it is easier to go back to the home country together. Thank you a lot 🙏

OHBrazil, Congratulations!!
How many time did you had for gathering the documents and get the união estavel and visa done? I can only stay for 90days in a period of 180days in Brazil. So we have to see we can do all in the timeline of 3 months..

Me and my wife went down the stable union path as for one, I am not a religious person and nor is she, so I prefer the non religious route and secondly it seemed more straight forward for us, especially with me living in the country while sorting it out. For the marriage route, if I remember correctly, I had to provide a document that the local council can only provide, and to get the appointment, you have to be in the UK for 9 days prior or something like that. I wasn't planning to fly back to London to get one document, and the stable union didn't require it, so ended up being much more straight forward. 

I think I mentioned this to you before elsewhere, but when you get the ACRO, make sure you're aware if it's being Apostilled BEFORE it's sent to you if you already live here mate, I had a ball ache of a time with it. Was told it would be stamped, so had it shipped straight here for some added cost, only to find when I opened it well over 30 days later, it was missing the stamp and was worthless. Ended up having to order a new one, send it to my house in London, have someone forward it to a service to stamp and then send on to me here in Brazil. This little f up caused me great trouble getting things ready before my visa expired!

If you have any other general questions, let me know and I will try help you out, especially since it sounds like I've already gone through what you are now.

Ah, I also didn't choose the prenup type agreement, I went with whatever we obtain after signing, is shared between us, so sorry, can't give any advice on that part.

Hello I'm a Lawyer in Brazil,
What you need can be done with a lawyer at court, or you can go direct to Consulate of Brazil.
Add my number at your WhatsApp and I can explain better.
During 2020 I did it in many cases, at Brazilian court, to partners could be able to travel to other countries because covid. Always “união estável” was the better way. But not all countries recognize “união estável”, its necessary first take a look in this details.

Viviane

Thank you kindly,

My original 90 day visa was expiring and I was advised to complete a visa application for a family reunion visa. My Girlfriend and 3 year son live here in Brazil. That apllication online request has been submitted online but I need to make an appointment at Police Federal to take all my paperwork which I will doing to attend next week hopefully. Process wise do these two separate processes have any interdependency please? That is familia reunion visa and the recording of stable union at Cartorio. I am a little confused so just wanting some advise please.

The form for reunion assumes we have a stable union, which we do however it is not formally recorded at a cartório.

Thank You All Again

MKP

I had all of the documents gathered within a month, with the help of family mailing the newly issued birth certificate from the U.S. It was sent FedEx Priority, which was very expensive but was delivered very quickly.

It took about a week to get the CPF, longer than expected.

It's much more difficult to obtain the documents required for the step after the uniao estavel, the "Autorização de Residência" request from the Polícia Federal. Here's the checklist:
https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

That requires an apostilled birth certificate and an apostilled FBI background check, more expenses and costly shipping charges. They say it's taking an average of 6 to 10 weeks for the FBI background check apostille right now, I was told 5 weeks at the earliest due to the pandemic. Luckily, mine was sent to me after just 3 weeks.

Hi everyone

My Brazilian boyfriend went to two different cartorios to ask which documents we need. They both told us I need to have a Brazilian identify. I really have no idea how this is possible... does anyone knows what they mean? Or does anyone had the same issue?

They probably mean a CPF - a taxpayer ID.  They're easy to get.  Have your BF call the Receita Federal to find out what office to go to for it, and swing by there with him to request it.

Thank you. He will ask the federal police what they mean with the identify. Probably they talk about a legal identification in Brazil. They said my international passport may not be enough... Maybe a visum yes, but the consulate would give me the visum if we have the uniao estavel.. so it is a little confusing for the moment. I hope we can clarify this issue soon.
Thank you for the answer 🙏

Juliedh wrote:

Thank you. He will ask the federal police what they mean with the identify. Probably they talk about a legal identification in Brazil. They said my international passport may not be enough... Maybe a visum yes, but the consulate would give me the visum if we have the uniao estavel.. so it is a little confusing for the moment. I hope we can clarify this issue soon.
Thank you for the answer 🙏


I hope you can, too.  It may be as simple as going to a different cartório.

Your passport should be enough for identification purposes since, as you say, you don't have a CRNM, and won't have one until after you have the escritura for the união estável.  A CPF is usually on the list, but as I said, you shouldn't have any trouble getting that.  The Receita Federal issues them to non-resident foreigners all the time.

Thank you 🙏

My boyfriend went to the federal police, cartorio and receita federal today. The FP confirmed that we first need the união estavel before getting the CRNM. So we went to a different cartorio and he said that my passport is enough, but needs to be translated in Portuguese (very strange cause my passport doesn't have a lot of text and is already in different languages 😅. So we have to check if it is really nescesary to translate ..) . So this is already cleared out.

Passport and all pages will need to be translated as well as many other documents required,
Cartorio's can be your friend or if you resit this it can be a nightmare.

OHBrazil wrote:

I just got the uniao estavel yesterday and I needed to show them:

- My passport
- My CPF (which I obtained for this)
-Birth certificate issued within the last 90 days
- Portuguese translation of my American birth certificate, done by a sworn translator
- My Brazilian girlfriend's birth certificate, also no older than 90 days
- Xerox copy of her ID and CPF
- Xerox copy of the IDs and CPFs of our two witnesses


Birth certificate issued within the last 90 days ... ???
Does birth certificate have expiration date?

Birth certificates don't have expiration dates, and moreover, aren't used for identification  - passports provide that.   The birth certificate only provides the parents' names, which many Brazilian systems require.

Brazilian bureaucrats can interpret the rules pretty much as they please, and cartórios are especially free in this regard.  The most effective workaround in the face of a seemingly unreasonable demand like this is for the Portuguese-speaking partner to turn on the charm and get the clerk or officer to agree that  birth certificates really don't expire, so accepting one with a valid apostille and a sworn translation is really ok, and won't cause that person trouble up the line.

The absolute worst thing to do is to get into a fight over it.  Once the official digs in, it's over.  Their country, their rules.

abthree wrote:

Birth certificates don't have expiration dates, and moreover, aren't used for identification  - passports provide that.   The birth certificate only provides the parents' names, which many Brazilian systems require.

Brazilian bureaucrats can interpret the rules pretty much as they please, and cartórios are especially free in this regard.  The most effective workaround in the face of a seemingly unreasonable demand like this is for the Portuguese-speaking partner to turn on the charm and get the clerk or officer to agree that  birth certificates really don't expire, so accepting one with a valid apostille and a sworn translation is really ok, and won't cause that person trouble up the line.

The absolute worst thing to do is to get into a fight over it.  Once the official digs in, it's over.  Their country, their rules.


Thank you for explanation.

Texanbrazil wrote:

Passport and all pages will need to be translated as well as many other documents required,
Cartorio's can be your friend or if you resit this it can be a nightmare.


When I went in December to the PF in Sao Paulo for my final CRNM appointment, the PF did not want or ask for translations of either my U.S. Passport or for my Icelandic Birth Certificate, just complete photocopies. I had hired a facilitator and he did not want me to have these translated either.

Ray,

Your facilitator apparently has the same philosophy that I do:  give them every document they ask for, don't volunteer any they don't ask for, unless the new document will solve another problem you already have!  :D

I've never been asked for a translation of my passport, although I had to provide authenticated copies of every page to Customs to clear the shipment of my household articles.  I've never had to provide a birth certificate to anyone in Brazil:  I had to provide one (no apostille, no translation) to the Brazilian Consulate General in Chicago to register our marriage, and from then on, agencies have gotten my parents' names from our Brazilian marriage certificate.  On the other hand, I needed to provide a sworn translation of my US driver's license to DETRAN-AM to get my Brazilian license.  So it goes.

In my experience, unreasonable document requests usually spring from one of three reasons:  (1.) ignorance of the rules; (2.) fear of being criticized by higher-ups, or (3.) hostility to foreigners in general, or to specific nationalities in particular.  Reasons #1 and #2 can often be resolved through diplomacy; when you're starting to feel that the problem is Reason #3, better to go to a different office if possible, or if not (like with the Federal Police) at a different time, when that person is off-duty.

Hi! I'm a Brazilian lawyer and already helped many persons to solve this kind of problems.
What you need is a number called CPF (Cadastro de pessoas físicas), if you are outside Brasil you can get it at any Brazilian embassy.
With this number it's possible to do “união estável”  direct at cartório or by justice, any way it's necessary a lawyer. If you are outside Brasil and your partner it is here, “união estável” can be done with a lawyer by justice. I did many cases like that during covid pandemia, to the partners could travel to meet each other.
I hope you understood. ***
Viviane Moreira

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Simply go to a notary public and they will pull out the necessary firm doe you. There are several ''escritorio'' in various cities in Brasil.

Hey guys, I m going through the same process with my Brazilian partner. However, after 1.5 months waiting for the documents (already apostilled in my country with translation and motorization by local Brazilian consulate), the cartório just said the translation is not officially from local Brazil, so you have to all over the translation here again and notarize again in Brazil which is unbelievable. But my friend just did that in Rio Grande do Sul, he could use the same documents straight with the cartório. So guys, please help me. If I need to do all over these in Brazil, it will take much longer time that expected. And I don't know whether my visa is long enough to get it done.

When I did it in Rio 3 years ago there were no foreign documents involved other than my passport.


My sister in law did an attestation in Portugese that my partner and I had been together for a while and that was sufficient.


Took a day I think and we were called back to get our document.

07/11/23   the cartório just said the translation is not officially from local Brazil, so you have to all over the translation here again and notarize again in Brazil which is unbelievable. But my friend just did that in Rio Grande do Sul, he could use the same documents straight with the cartório. So guys, please help me. If I need to do all over these in Brazil, it will take much longer time that expected. And I don't know whether my visa is long enough to get it done.
-@Mischa1864


Welcome, Mischa.  The cartório is correct about the translations:  Brazilian law is that, for documents in a language other than Portuguese to be presented in Brazil for legal effect, they must be translated by a Sworn Translator appointed by the Junta Comercial of a Brazilian state.  There is no substitute for an official Sworn Translation, no matter how accurate an unofficial translation is. 


Getting a Sworn Translation should be a matter of days, weeks at most, but not months.  A web search on "Tradutores Juramentados  (name of city or state)" should give you names and contact information, and you can get estimates from them. 


Algeria is not a party to the Apostille Convention, so all of your Algerian documents would need to have been legalized by the Consular Section of the Brazilian Embassy in Algiers.  From your description, it sounds like you did that.  If so, those legalizations are still good, and you should be able to use the documents, you only need Sworn Translations for them. 

@Mischa1864 there a person who can help I did mine in 1 month than the next month I got my RNM