Considerations surrounding Brazilian citizenship and naturalization

also my wife she is pregnent , and i have 2 bank acount and i got my SOUS of hospital , when the police federel come in house they will intervieu me and my wife ? i need know more about that please

Hi freeman2014,

First of all the Federal Police always tell visa applicants it will take 6 months to 1 year, but it's not them that processes the visas, but rather the Ministry of Justice. In most cases it takes the Federal Police 6 months to a year to do just their part of the job and then forward everything to the MJ. Then you can wait for another year or even more for the process to actually be completed. I have a process that started over 4 years ago and still has not been completed.

You don't need to worry about the home visit, it is really just to prove that there really is a married couple. They want to see you both together at home, they will ask some basic questions and that's about it.

Absolutely nothing in the processing will begin until after this home visit so don't bother checking now, that's useless. Once the home visit has been done then about 6 months from that time you can start checking the Ministry of Justice website:

http://portal.mj.gov.br/data/Pages/MJ1C … PTBRIE.htm

Type in the number of your protocolo exactly as it appears with the . / - symbols too. and then click on the "Consultar" button. If it comes back "Registro não encontrado" it means that they have not entered it into their computer system yet.

One very important thing not to forget, that protocolo is the document that proves you are legally in the country. By law you must carry the original with you at all times along with other identification. I'd recommend you also carry a "cópia autenticada" of the identification page of your passport too, but never carry the original unless you actually need it like for the Federal Police or something like that. You can get the copy at any Cartório.

Also the protocolo must be kept up-to-date. You will see a line that says "PRAZO" and they say 180 days, and also there is a date of issue. you must go back to the Federal Police before that 180 days expires and get the protocolo stamped with a "PRORROGAÇÃO"  which you will see as a blank space beside PRAZO. Then 180 days from that new date you'll have to go back and do it again, and maybe even again a few more times. DON'T FAIL TO DO THIS PART it is critically important.

Also, you will then need to apply for a Cédula de Identidade Estrangeiro (CIE) at the Federal Police and no matter how long you live in Brazil as a foreigner you must report any change of address to the Federal Police within 30 days of a move. That will require two photos and you'll get a new protocolo just for the move.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

thank you so much for your reply and being so nice with me , i would like ask please about the nationality you said 1 year if married with a brazilian , this 1 year start from the day i married ? or the day i got my permanente visa ? 2 i would like to ask you plese how i can aplly for Cédula de Identidade Estrangeiro ? and what is docoments i need ? and how much time it takes ? becouse i live in caldas novas and all the tiomes i have to go in capitals of goise it is goiania to fix all the pepers it is cost money for to go 2 hourse by car , please answaer me all the question i wanna know also about the papers need to change my license driving morrocco to a brazelian , what papers i need to fix ? and how much time it takes to got this license brazilian ? is the test of nationality easy or hard ?, i would like to informe you my portigise no good now , i study at home may be it takes a few months to speak good it , i hope you do not be bored of my questions , muito obgigado .

First of all the Nationality Law requires that a foreign national applying to naturalize as a Brazilian citizen based marriage to a Brazilian or on having a Brazilian child must FIRST have held their VIPER Permanent Visa for a minimum of one year before they can even apply.

See requirements:  http://portal.mj.gov.br/main.asp?View=% … 0F4CB26%7D

So what this means in practical terms is that if it takes up to 2 years or sometimes even longer to get the VIPER you couldn't possibly naturalize in anything less than 3 years. Even then there is no guarantee that the application for naturalization would be accepted.

Regarding the Cédula de Identidade Estrangeiro, you cannot apply for this until the VIPER has been granted. Then you will receive notification from the Ministry of Justice to report to the Federal Police within 90 days to register and apply for the document.

Regarding a driver's license. It depends on how long you've already been in Brazil. A foreign driver's license, translated into Portuguese (in Brazil by notarized translator) and accompanied by a valid International Driver's Permit (IDP) can be used for a maximum of 180 days ONLY. If anyone will be remaining in Brazil beyond that period then they are required by law to obtain a Brazilian "Carteira Nacional de Habilitação (CNH)" which involves starting all over from square one as if you've never driven before in your life. You must enroll in a driving school and take the full course, which now includes a specified number of hours on a driving simulator. Then you must pass medical and psycological exams, road test and written test as well. It is a very expensive and time consuming process which can take several months or up to one year.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team.

Please read the following posting for all the relevant information about documentation here in Brazil:

https://www.expat.com/forum/viewtopic.php?id=107384

vipper you mean permenante visa ?  if my permanent visa aprouved , how i can know , the police federel will call me  ? or there is a site of ministre of justice i must chek all the times , please expline me more about this , thanks a lot ,

Did you read the postings above (reply #82 and #84)???

The answers are right there, including links to the site to check your protocolo with the Ministry of Justice.

yes my friend i chek the link but i do not know how to chek  when i put my number protocolo so as to get information about my permanent visa , please expline me the way in this link to chek in this line step by step easy way pofavor ,

You won't get any results in the online check until at least 6 months or more after the home visit takes place. Then you open the link to the site for the Ministry of Justice and enter your protoclo number (exactly as it appears . / - included) in the blank box and then click the "Consultar" button. Then if your application has not yet been entered into the computer system you will get a message that says "Registro não encontrado". If it has been entered into the computer system then another window will open that shows your name and the process number. Then you click on the process number and the results will appear. You can count on this taking a very long time and may only see "Aguardando análise" for many months. You will have to check that site every few weeks once it actually gets registered in their system.

One thing that is important to know is that you can only use Internet Explorer to do the check. It will not work with Google Chrome or Mozilla Firefox.

thank you sooooooooooo  much for your patient i realy i do not kmow what to say , you are a very good man thanks  a lot for your help .

i would like to help me how to improve my langage portegise ? please give me a methode to improve my lovel of it ; also i want you to tell me more about the test of langage when you aply for citizenship , is it easy or deficult ? woulde you like give me a exemple about it please ? where you can aply for citizenship is it in police federel ? or ministre of justice , i hope you will answaer of my questions please ,

thanks a lot

You apply for citizenship through the Federal Court (Tribunal Regional Federal) and it is usually best to do it through a lawyer

i would like to say thank you a lot for your informations , i hope very soon i will get good news

freeman2014 wrote:

i would like to help me how to improve my langage portegise ? please give me a methode to improve my lovel of it ; also i want you to tell me more about the test of langage when you aply for citizenship , is it easy or deficult ? woulde you like give me a exemple about it please ? where you can aply for citizenship is it in police federel ? or ministre of justice , i hope you will answaer of my questions please ,

thanks a lot

Start here:

https://www.expat.com/forum/viewtopic.php?id=151289

Other options:

Duolingo: http://www.duolingo.com/
Rosetta Stone: http://www.rosettastone.com/
Portuguese Pod 101: http://www.portuguesepod101.com/‎

hello , i would like to kmow about the permanente visa in brasil , i mean after marriage , this permanent visa it is forever ? or 10 year ? please tell me more about it , , i am married with brasilian , the permanent visa will goive me is for 3 years or 10 years or forever ? thanks a lot

The "Permanent Visa" is anything but permanent... you can lose the permanent resident status if you are outside of Brazil for more than 90 days during the application process or for more than 2 years once you've actually been granted the visa. If based on marriage you can possibly lose the permanent status if you separate or divorce and your ex-spouse makes enough complaints to the Federal Police, but that is not common.

You will be issued a CIE (Cédula de Identidade Estrangeiro) as part of the process and you will need to RENEW that every 3 - 5 years depending on the length of time they issue it for.

Cheers,
William James Woodward, Expat-blog Experts Team

my question the permanente visa if based in marriage it is forever or in this permanent residance a time limit , what about i have a child from my wife , i can never lose the permanent residance ?

Hello, I was wondering if you could have insight into my case.

My mother was born in Brazil and then moved to the USA. When she became a US citizen, she had to renounce her Brazilian citizenship. I was born after she had renounced her Brazilian citizenship, so I was born to an American mother. Now, she is the process of reattaining her Brazilian citizenship. If she does reattain Brazilian citizenship, will I be then be able to obtain Brazilian citizenship?

Thanks,

R

As far as I understand it, the "renunciation" of one's previous citizenship is pro forma and only has effect within the country in which one nationalizes. To be technical you were born to a Brazilian mother who just happens to also be an American citizen by naturalization. That still gives you a right to Brazilian citizenship because Brazil observes the legal principle of Jus Sanguinas.

Brazil is one of many nations that recognizes dual/multiple citizenship so even though your mother naturalized as an American citizen she should still continue to be a Brazilian citizen by virtue of birth. Does she still have a copy of her Brazilian Birth Certificate? That should be all she needs in order to obtain all the documents she will ever need. Have you contacted the Consulado-Geral do Brasil nearest you for information on how she should go about this? Is she planning to return to Brazil? If so, once here she is automatically considered a Brazilian citizen over and above all else. That's part of the Nationality Law. Here she will always be considered a Brazilian citizen because the country follows the legal principle of Jus Soli, anyone born in Brazilian territory (with a few notable exceptions for foreign diplomats' children) are citizens by birth.

If you are planning on coming to Brazil since you're over the age of majority you would need to apply for naturalization, but is would be granted without question since you are born to a Brazilian mother. It is my understanding that for you it is something quite simple like declaring in front of a Federal Judge that you wish to be a citizen. I'm sure you'll get a better answer on that either from the Consulado or from our member @lawyer_rio (Sven) when he sees your posting.

Cheers,
William James Woodward, Expat-blog Experts Team

OK, thanks for response. Where it gets tricky is before 1994, Brazil did not allow/recognize dual citizenship. So they made her renounce her Brazilian citizenship and then it was revoked. Since I was born right after that, I guess for all purposes I was born to an American, because Brazil currently considers her as only American.

Now, she's attempting to reinstate her citizenship, just to make it easier to go back and forth to Brazil because they even make her get a visa!

A family member in Brazil just got her certidao de inteiro teor and it says "Averbacao de perda de nacionalidad: Por comunicacao do Ministerio da Justica - Divisao de Nacionalidade e Naturalizacao, hoje recebida, declaro que a registrada perdeu a nacionalidade brasiliera, por ter voluntariamente adquirido a nacionalidade americana, por Dec. Coletivo de 27/5/94 publicado no D. Oficial da Uniao de 30/5/1994."

This probably a very unusual case, but I guess I'll have more information when they reinstate her citizenship.

Again, thanks for your insight.

Yes, it really is a bit more complicated for Brazilians who naturalized prior to 1994 and thus lost their Brazilian citizenship as a result. That said, it certainly doesn't prevent them from becoming naturalized Brazilian citizens in the same process that any foreign national goes through. I would think it actually would be somewhat easier. I'm not sure of the legal ramifications I think she'd actually gain MORE rights than anyone else naturalizing. For example, naturalized citizens can run for political office, but cannot hold certain high offices such as president, vice-president, etc. Theoretically I think that since your mother was born on Brazilian soil, once she naturalized and regained citizenship, she would then be entitled to all the rights that are reserved for "born Brazilians" not available to naturalized citizens.

So i have a question, i have two passports a canadian and a german one. Would i be able to obviously first obtain a visa with my Canadaian then extend my stay up to the 180 days leave the country then return with my German passport for an additional 180 day?
Thank you for your help

This question has been asked and answered dozens of time in two different topics; Visa Stay and in Tourist Visa Stays in Brazil - 180 days per year maximum.

The short answer is NO.

The annual limit of 180 days is for the TOURIST, not for the PASSPORT he/she uses so if you've used up your 180 days they're gone. You can try coming back on any passport from anywhere else and if you're caught you're out on your butt, if not detained first then out on your butt.

Your name, passport number and birth date  are entered into the immigrations computer system upon arrival and if that information is entered giving a different passport number, you're going to have some pretty tall explaining to do.

Computers these days make "fudging" it very difficult and I wouldn't advise trying. Brazilian detention centers aren't what I'd consider tourist destinations.

Cheers,
William James Woodward, Expat-blog Experts Team

thank you and sorry for replying on this thread... with that being said there must be a way to be able to stay on a temp residency permit and or if i were able to find work when down there for the original 180 days would i be able to get a temp working permit? Sorry again and thank you for your time

VITUR Tourist Visas, VITEM-IV Student Visas and Visa Waiver Program (VWP) entries to Brazll DO NOT permit paid work. You can't even obtain a work permit (Carteira de Trabalho).

The only way to work in Brazil is with a VITEM-V Work Visa, to qualify for that you have to have a confirmed work contract with a Brazilian employer. Also, difficult to obtain, since Brazilian law requires employers clearly show that they've exhausted all avenues of filling a job vacancy with a qualified Brazilian before they can hire a foreign national to fill the position.

Cheers,
William James Woodward, Expat-blog Experts Team

good evening for everybody , i would like to ask my protocolo and my carteria trabalho will finish next month , do i need to fix some papers soas to give me other 6 months ?, or only go to police federel and minister of trabalho without need to fix papers , for the informatiom i am married with brazelian , now itis 5 months and the police federel no come visit us in the house i do not know why the process not start , i give a call the police federel to ask about this they told me if the pólice not visit you at home that is mean the process not start yet and when the date of your protocolo finish come we will give you 6 months . also i want ask about lecense driving how to fix it in brazill i got 1 from my country .

thank you i hope you will ansssssswaer everything muito obrigado

anybody to answar me please?

Hi freeman2014,

First to answer your very first question that I missed earlier.... NOTHING IS EVER PERMANENT in Brazil.  You can be refused a VIPER Permanent Visa if you have not been married for at least 5 years and you can be asked to leave the country, but that is almost never done.

If you apply for a VIPER Permanent Visa based on having a Brazilian child, the child must be in your care and custody and financially supported by you. If you are separated or divorced, but paying child support (Pensão Alimentícia) you still qualify for the Permanent Visa. If you abandon your child or stop supporting the child financially you'd lose your permanent status.

Regarding the time running out on your protocolo for your VIPER Permanent Visa application, until you actually receive the VIPER Permanent Visa you must return to the Policia Federal every 180 days from first issue to have them stamp it with an extension (prorrogação). That document MUST always remain up-to-date or you're in big trouble.

When you get the protocolo extended then you take the Carteira de Trabalho back to the Ministry of Labor and they will extend it for the same length of time as the VIPER protocolo. You will only get your Carteira de Trabalho stamped as permanent once you've received the VIPER.

The home visit really depends on where you live and which Superintendency serves your area. In large cities like  São Paulo there are so many applications that it may take up to a year before they get around to the home visit just because of the volume of visits they need to make. If you live quite a long distance from the Superintendency that is handling the process that will delay the home visit too. You can't rush them no matter how hard you try, so just be patient. The whole process of obtaining the visa start to finish can take 2 years or more no matter what the Policia Federal may say.

Also one very important thing is that by law you are required to inform the Policia Federal of any change of address within 30 days of moving. You need to take proof of the new address, 2 -3X4 photos just like with the visa application to the Superintendency in the new city and do it there. If you move within the same city then you do it in the Superintendency where you applied for your visa.

Also you cannot leave Brazil for any longer than 90 days at a time until you actually receive the VIPER Visa or you have to start all over again. Once you obtain the VIPER you can be out of Brazil for up to 2 years, then permanency would be revoked. (This is based on the entry and exit stamps in your passport).

Cheers,
William James Woodward, Expat-blog Experts Team

thanks alot alot , it is true i live in small city not far about 170 kilm from the capital goiania , and theyes many refuse from serya and many from haiti and cuba come this time a lot that is with the police federel so busy they told me .
what defferent betwen VIPPER , and visa permanent? now with the protocol i am resedance in brazill or not yet residance ? please telll me the time i need to apply from natinalite i hear 1 year , this 1 year start from the time i got married or will start from the time i good my permanent visa ? please answaer me thanks a lot

VIPER is just a acronym they use VI(visto)PER(permanente)...... they are the same thing.

VIPER Permanent Visa

thank a lot my friend you are so freiendly and so patiante , i would like to know wheb and where i can aply for RNE   and CIE ? it is possible befor i got my VIPER ? please let me know about this . obrigado meu amigo.

No, it's not possible.... application for the RNE and CIE is the FINAL STEP of the VIPER process. You will receive a Registered letter from the Ministério da Justiça informing you that your visa has been granted and instructing you to attend the Regional Superintendency of the Policia Federal to register and apply for the RNE and CIE within 90 days of the date your visa is granted.

For all intents and purposes your protocolo is your ID and if you've applied for the VIPER based on marriage or a Brazilian child then you can apply for your work permit (Carteira de Trabalho) and work while the visa is being processed. You can apply for your CPF (Brazilian tax number) at any time.

Cheers,
William James Woodward, Expat-blog Experts Team.

now i understand about that thank of you , i realy i do not know what to say muito obrigado amigo.

Hello! I was so happy to find this thread. I also have a question for you William about my situation. I was born in Brazil to South Korean parents but left to USA when I was a year old. They registered me as a South Korean citizen and when I was 17, I was naturalized as an American citizen (mother became a US citizen before I turned 18). I'd like to find a job in Brazil and am trying to figure out if I can reclaim a Brazilian citizenship because I was born there. I have no qualms about giving up my South Korean citizenship in the process, as it's a pretty easy country to travel to using a USA passport.

I have my original Brazilian birth certificate, but not much else regarding documents that would detail when I left the country when I was really young (it was pre 1994 when Brazil didn't allow for dual citizenships). The consulate page only has procedural information about registering births for children who are born to Brazilian parents but abroad. Are there specific documents or procedures that I should know about? What is the general course of action? Can I even claim a Brazilian citizenship? I plan to just go to the consulate and figure this out in person, but am also expecting it to be much more complicated than I am currently anticipating.

Thanks for your help!
-Agnes

Hello Agnes,

If you still retain your original Brazilian Certidão de Nascimento I believe that it will be quite a simple process for you to re-acquire your Brazilian citizenship if you in fact did lose it (which I doubt).

Given that you were a minor and that citizenship was acquired for you by your mother I really don't think that you would have automatically lost your Brazilian citizenship because of obtaining other citizenship, since you were not legally of age to do so of your own volition.

I would check with the Consulado-Geral do Brasil that has jurisdiction where you live and find out from them how to procede. If you haven't retained your Brazilian citizenship it may be something as simple as declaring before a Brazilian judge that you wish to re-acquire your Brazilian citizenship.

Cheers,
William James Woodward, Expat-blog Experts Team

William

Hope this email finds you well...
My Grandma is Brazilian born and my Grand father is Naturalized Brazilian.
My father passed away when I was 1 year old without getting Brazilian Citizenship...
Now all my family, uncle and aunts and descendants, have got Brazilian Citizenship lately... it was so easy... except for me, they told me at the Brazilian Embassy that my case is complicated and I can not get it cos my father did not have it.
Do you think there is a chance of getting it, if so can you please advise how?
Note: My Grandma is my God Mother and my Grandpa is my God Father... will this make any difference? Cos you know in Catholic / Christian religion, God Mother / Father will become parents... And I lived with them all life.
Awaiting for your kind reply.
Thank you in advance.
NH

Hello Hage,

Unfortunately, since your father never obtained Brazilian citizenship you can not apply for citizenship as your other family members did, based on bloodline.

There is another option, however. You certainly would qualify to apply for a VIPER Permanent Visa based on family reunion (Visto Permanente com base em reunião familiar) if all your relatives are actually living in Brazil . Once you have been granted the VIPER visa and have held it for 4 years you can then apply to naturalize as a Brazilian citizen, provided that you meet all the usual requirements (speaking Portuguese being one of them).

If during that 4 years (holding the visa, not since application for it) you were to get married to a Brazilian or have a Brazilian born child that waiting period would be reduced to ONE YEAR.

It won't be as easy as the other members of your family, but it is still quite possible. Don't give up hope.

Cheers,
William James Woodward, Expat-blog Experts Team

William

Thank you for your prompt reply...
Most or let me say all of my direct relatives do not live in Brazil...
So having my grandma as GodMother does not help??

Regards

Unfortunately, if your relatives that have Brazilian citizenship don't actually live in Brazil then you would not be able to apply under the "Family Reunion" provisions for the visa.

Hage,

It all depends on when your father was born and when you where born. Depending on when he was born, he either was Brazilian by birth or not, independent of whether he had or didn't have a Brazilian passport. It also depends on where he was born. If he was born in Brazil, he was Brazilian.