Permanent Resident Status Based on Same-Sex Marriage under Brazilian Law
February 9, 2012 By DBF Advocacia
Quick guide to obtain permanent resident visa for those who have a Brazilian life partner (união estável).
The foreigner who has an civil union to a Brazilian (same-sex union or not) can get a permanent visa in about 90 days, thanks to this law: Regulatory Resolution number 77/2008 from Labor and Employment Ministry (Resolução Normativa n. 77/2008 do Ministério do Trabalho e Emprego).
The foreigner who has an civil union to a Brazilian (same-sex union or not) can get a permanent visa in about 90 days, thanks to this law: Regulatory Resolution number 77/2008 from Labor and Employment Ministry (Resolução Normativa n. 77/2008 do Ministério do Trabalho e Emprego).
The correct way of doing this is first file a lawsuit in family court to recognize the union before Brazilian laws. This is a very simple procedure and can be proved with witnesses, pictures, joint bank account, and any other document that proves the union. This decision is a confirmation of the union.
After that, will be necessary to file another administrative process in Conselho Nacional de Inigração (National Board of Imigration).
All the documents needed are listed in the Article 4, items I to VIII, of the Regulatory Resolution number 77/2008:
I - a form containing the history of the union;
II - deed of commitment to maintenance, support and output of the national territory, if necessary, in favor of the call, drawn up by a notary;
III - proof of livelihood of the claimant or the foreigner, with power in Brazil or abroad, sufficient for the maintenance and survival of both, or regular employment contract;
IV - certified copy of the identity of the claimant;
V - certified copy of the passport of the call in its entirety;
VI - a certificate of criminal records issued by the country of origin or habitual residence of the call;
VII - proof of payment of immigration fees, and
VIII - declaration, under penalty of law, of the marital status into the country of origin.
All documents must be in Portuguese language, translated by a sworn translator if necessary, authenticated by a Brazil´s notary office and validated by the Brazilian Consulate.
This is the fastest way of acquiring Brazilian permanent resident status, because the decision of the National Board of Imigration will guarantee the right to live and work in Brazil, and don´t need any other validation of the Federal Police.
ABOUT THE AUTHOR: Diogo Bianchi Fazolo
Lawyer. Partner at DBF Advocacia.
Copyright DBF Advocacia
More information about DBF Advocacia
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
After that, will be necessary to file another administrative process in Conselho Nacional de Inigração (National Board of Imigration).
All the documents needed are listed in the Article 4, items I to VIII, of the Regulatory Resolution number 77/2008:
I - a form containing the history of the union;
II - deed of commitment to maintenance, support and output of the national territory, if necessary, in favor of the call, drawn up by a notary;
III - proof of livelihood of the claimant or the foreigner, with power in Brazil or abroad, sufficient for the maintenance and survival of both, or regular employment contract;
IV - certified copy of the identity of the claimant;
V - certified copy of the passport of the call in its entirety;
VI - a certificate of criminal records issued by the country of origin or habitual residence of the call;
VII - proof of payment of immigration fees, and
VIII - declaration, under penalty of law, of the marital status into the country of origin.
All documents must be in Portuguese language, translated by a sworn translator if necessary, authenticated by a Brazil´s notary office and validated by the Brazilian Consulate.
This is the fastest way of acquiring Brazilian permanent resident status, because the decision of the National Board of Imigration will guarantee the right to live and work in Brazil, and don´t need any other validation of the Federal Police.
ABOUT THE AUTHOR: Diogo Bianchi Fazolo
Lawyer. Partner at DBF Advocacia.
Copyright DBF Advocacia
More information about DBF Advocacia
View all articles published by DBF Advocacia
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
