Getting married in Brazil, Permanent Visa and documents required

Hi Megan,

You haven't started any arguments here. It's just that the whole subject is so much more complex and even the authorities are so confused about it than you can possibly imagine. We've all come to understand that long ago.

In some states it's actually a nightmare for expats to get married. You have absolutely no idea!

I just got through with dealing with a case where a member finally managed to get married, applied for his VIPER Permanent Visa and the Delegado at the Policia Federal refused to accept his visa application because his visa stay expired a week before the application. He told the member he'd have to leave Brazil and apply for the visa in his home country.

The Delegado was absolutely wrong, even the Ministry of Justice website makes specific reference to such a situation. Despite this fact the Delegado violated Art. 226 of the Federal Consititution in doing so.

The big problem here Megan, and I'm sure you'll soon experience this yourself is that NOBODY knows exactly what they're doing, not in the Cartório, not even in the Federal Police.

Good morning everyone,

I've been reading the whole posts, I feel like I'll a have a long way until I arrive there
I had some little hope after I read what Megan wrote, and it seems you took it back
just kidding.. I know everyone's trying to help through sharing his real experience..

anyway,

let's start..

I'm an Egyptian.. and I'm planning to get married
to a Brasilian girl by the end of next year as I have things to finish before moving to Rio ..

I've a tourist visa now.. and im going soon for a visit.. ill stay for 2 months as a vaccation..
is there anything I can do for the moment?
is there any place I should go to when I arrive there?
do I have to wait untill the end of the next year?

please advise..
thanks.

For now about the only constructive thing that you really can do at the moment is to actually go to the Cartório where you and your future bride will get married. Ask THEM for a list of exactly what documents that they want for a foreigner to get married there. At least then you won't likely get hit with any last minute surprises like most people do.

Other than that everything else that you are going to need will have to be done in Egypt and you can't start doing it until just a bit over 6 months before the anticipated wedding date, because of document date requirements here in Brazil.

Thanks a lot prof.
wish me luck..

Good luck to you, and remember if you need any help while you're here in Brazil just post a topic or send a PM and I'll help you as best I can.

sir in india they only issue a birthcertificate once so how i make that in a circle of 180 days and i am never married so i have to show a certificate  for this i m confused sir like i m never married so where i got  the complete documents , please sir just tell me  what documents i need to show for my marriage

Hello sunny111313,

The Consulado-Geral do Brasil (in Mumbai or New Delhi) are aware of the situation regarding Birth Certificates in India, I'm sure that when you submit the Birth Certificate that you have (which must show your parents' names) they will know exactly what to do. You need to submit the BC and the Single Certificate/Declaration of No Impediment to the Consulado to be legalized. Once it's legalized the Cartório in Brazil will have no problem accepting the documents. Don't worry.

Hi Woodward and Sven,
This conversation is stimulating... because I tend to believe both of you!
My life is going well, love my life in Rio but hard at times...
I would be totally interested in your opinions on my situation!

It has been a crazy brazilian ride so far,  I will try to only focus on what is important.

In short,
I have lived in Brazil for 5 years on an expired visa(since august 2012)...
I moved here to be married to my girlfriend of 2 years, and then things fell apart after I moved my life here.
A couple months later right when I thought to use my return ticket, I got sick and could not walk for a month due to some funky bacteria my body was not used to.
I had no money to go to the doctor, I spent it all getting organized with an apto and stuff
so a doctor friend nursed me back to health.
I finally healed, but had already missed my return flight.
and I just missed amnesty 2009..
I got a job selling jewelry in copacabana, illegally but she didnt care, because I was her gringo net..  sold hang-glide and tours for tourists.
Finally hooked up with a rich canadian who bought 4 new apts then a house in Mangaratiba from me.
I made a deal with Patrimovel and they actually wrote me a check for $32.000 reais when we settled.
I sold a couple more places since, 8 in total.
Used the money to open a bank account, 3 denied me then Bradesco said ok, when I presented the check for deposit.  Everything depends on who you talk to not the law involved. My education here...
I bought a car, got a cell phone account and light acct for my apto.
After this, i registered my name at the cartorio
(I had already gotten my CPF 2 years before when upon my first visit to travel with my girlfriend in brazil.)
I applied for a brazilian company and received my CNPJ.
Opened a business account at ITAU, who just told me "no" to a personal acct months before. I do have a brazilian partner required by law. 
But now you can open a "microempresa" with only your CPF online, do not need a brazilian partner.
I have a brazilian personal credit card and two bank loans in my name not company.  These are things I am not allowed to have.  I also have business credit and cards.
I pay my taxes and take my dividends as allowed law.
Now last year 2013, I landed a television show on Globo(sportv) through my company, I hosted the show and went to all the cities of the Confederation Cup then again to all the cities of the World Cup. You probably saw the show.."Olhar Estrangeiro"
I flew all over brazil on an expired visa... though, they only check this when entering the country, so not a lack of oversight just protocol, because of the number traveling everyday. I guess

Rewind 4 years ago:
I went to the Federal Police feb 2010 to ask advice about my "over-stay" status.
The officer looked at my passport and said "no problem, you can return to the states and pay your fine when you return".
I said, I dont want to leave because my life is here; I have a rental agreement on an apto(totally stamped and stickered by cartorio), a car, and my company...
Hey said and I quote "you want to live here in brasil? you are crazy"
he said, "good luck"!
I asked will ICE or something like this come looking for me? He laughed and said this only exist in USA.
He offered this advice to me;
1) stay straight, keep your record clean 
2) find a woman to marry
3) have a baby
back to present day..

I just focused on business and stayed straight feeling this was a better solution then to add another mouth to feed.
This has worked so far, my company is good standing and I have no police record. Still hard to save because of the times we live in and brazilian companies wait for the last possible day to pay notas.
I have worked alongside brazilian top performers, actors and and a who's who of the business world since Rio+20, my first brazilian acting job will be on the big screen in january 2015 "EAS" , everything is happening positive for me here, or I would have moved back to the states awhile ago.

I want to receive a permanent visa without leaving...
How is this possible without making a baby?
Does my company status help me? 
My big problem as you can imagine, is I can not leave the country, because of the trouble of re-entry.
I have a business to manage... what are my options?
My company has provided jobs for many brazilians, though temporary due to the ebb and flow of television and event productions. 
Does anyone know if another amnesty is close?
I really want to visit my family in Washington DC.

What if any advice could anyone give me as to my next step?
I have not talked to a lawyer yet, but I am meeting one "friend of a friend" next week.

Thanks for any response!
Abraços

The only ways that you're going to qualify to apply for "permanência definitiva" are a) through marriage; b) having a Brazilian child or; c) wait for a possible new "Anistia por Estrangeiros" which might happen in 2019 if they follow their 10 year pattern.

Your company isn't going to help you at all unless you're prepared to leave Brazil first and invest a further R$150 thousand, since you couldn't apply for permanency unless you're in a regular migratory situation.

This rule of thumb however doesn't apply to VIPER applications based on marriage or having a Brazilian child. The Constitutional principle of "Protection of the Family Unit" is superior to the requirement that your situation in the country be regular, so the Federal Police must accept your application even if you are in an overstay situation, unlike other kinds of applications.

This is actually even included in the Ministry of Justice website page regarding permanency.

http://www.justica.gov.br/seus-direitos … ermanencia

Thanks for your reply!

My issue is the capital I have generated is all BRL.
I don't have an account in the states, except an outdated investment acct with peanuts in it.

Is it possible to receive and investment into my company from a US company or private investor?
Or is it possible to just pay the 150,000 reais from my account here?

I appreciate your time, thx

As far as I am aware you have to be making the investment from abroad, so money coming from your Brazilian company or any source here would not qualify.

Have you discussed your situation with a GOOD immigrations lawyer in Brazil? If not it certainly would be worthwhile. If you would like I can pass along a couple of names to you in private.

There clearly must be ways that you can normalize your situation here in Brazil short of marriage. For instance the law regarding having a Brazilian child, if you were to legally adopt a child you qualify for a VIPER visa.

hi James.
i really liked your blog regarding the marriage procedure..
i am from India. and even i am planning to get married to my girlfriend who stays in Brazil.
so i want to know. this same rules is  applicable for Indian. and should get the documents of criminal records that you specified. since i don't have any such records . and i am applying for a visa. but my agent told me. they can only issue me a visa of tourist that go till 30 days. so is it ok . if my girlfriend if she starts the procedure by now. and until i reach Brasil even the date of marriage would be near. then in 30 days . i can finish all that needed. and issue a VIPER visa..
please do help me.

No, unfortunately it takes longer than 30 days to go through the marriage process. Just the "permission to marry" banns must be published in the Diário Oficial da União (Official Gazette) for thirty days. So there is absolutely no possibility of getting married in that time frame.

Your options are:

1. Apply for a VITUR Tourist Visa, you'll certainly only get 30 days first time around. Once you've come to Brazil and returned home to India then apply for another visa in 6 months or a year from now and you'd get a longer multiple entry visa which would allow marriage here.

2. Have your bride-to-be come to India as a tourist and marry there. Then you could apply for a VIPER Permanent Visa based on marriage at the Consulado-Geral do Brasil in Mumbai or New Delhi.

Sorry, that's the best I can advise you in your situation.

hi thanks for the reply.
today i had a word in consulate. a person suggested me that .
if i receive a lnvitation letter which has planned about my trip for more then 60 days like of travelling to many places in Brasil 15 days at sp other 15 days at sol other 15 days at natal.
then i may achieve visa for 60 days or more .

If you are extremely lucky, that might work. However, visa stays are at the sole discretion of the individual visa issuing officer, there is no set standard for any given Consulado. Mostly the length of stay is determined completely by the in-person interview, which is an obligatory part of the visa process. Some officers flatly refuse to issue more than a 30 day visa for a first time visit, under any circumstances; but it doesn't hurt to try anyway. Even a 60 day visa is really scheduling things very tightly and won't allow for any safety margin should any of the documents not be absolutely perfect. You would also have to make certain that ALL of the documents are ready before you arrive, translation here will probably take at least a week if not more, depending on the location. Good luck.

I had another question about applying for the permanent residency.

Me and my wife will "legally" be married by the Cartorio in Boa Vista on Friday.

Then the week after we are going to go to Manaus for the month.

Here's the situation:

We are renting a house in Boa Vista, but her family is going to be there for around a month, so we decided to live in Manaus for the month that they are in our house.

So I'm assuming that we have to register with the Federal Police the address in Manaus where we will be staying for the month? If so, could we do this with the Boa Vista Federal Police, or do we have to do it with the Manaus Federal Police? We prefer dealing with the Boa Vista police over Manaus, so I'm hoping we can get it done there.

Thanks

It all depends on where you are planning to reside permanently where you apply for the VIPER Permanent Visa, not where you stay temporarily. The law requires that the application be made in the city of your residence (or the Superintendência Regional da Policia Federal that has jurisdicition over that city).

So if you're going to reside in Boa Vista you must apply there, if you're ultimately going to reside in Manaus then you must apply there. If you're only going to be in Manaus for a month you don't even need to inform the Policia Federal if you haven't already applied for the visa. If you have, then you must inform them only that you're going there so they won't show up for the required home visit while you're away.

Once you're legally married there's really no rush to apply for the VIPER, ideally you should apply for it while your visa stay is valid, but according to the law even if it is not, the Federal Police MUST accept your visa application anyway if you're married to a Brazilian or have a Brazilian child. Not doing so violates your Constitutional rights guaranteed under Art. 226 of the Federal Constitution (Protection of the Family Unit). This is also clearly stated in the Ministry of Justice website page about Permanency.

http://www.justica.gov.br/seus-direitos … ermanencia

"Permanência no Brasil

Em regra, somente podem requerer a permanência definitiva no Brasil, estrangeiros em situação migratória regular. No entanto, nas hipóteses em que restar confirmada a inexpulsabilidade do estrangeiro (ser genitor ou cônjuge de brasileiro) - Art. 75, II, a eb da Lei 6.815/80  poderá ser afastado o requisito da estada regular, tendo em vista o princípio Constitucional de Proteção à unidade familiar."

First off great and useful thread.  I am preparing the move to Brazil to marry my Fiancee there and have some questions.

The birth certificate I would order from NJ online it says its the long form with the raised seal.  I assume this is sufficent?

What exactly is the "Entry card" is this my valid visa? 

I live in NJ work in NY not sure how to otbain my declaration for being single.  I been googiling a lot and cannot seem to find a location or how I do this.


Also something heard on the Brazillian news is as of September 1st it now takes people 60 days to get their resident status at point of marriage?  I guess people were getting screwed over way to long waiting so that they can begin work hunting for example...can that be confirmed?

Hello m3gatl20n,

The Birth Certificate long form (sometimes called Registration of Birth) is the one that shows not only your DOB, sex and birthplace, but also your parents' full names and usually their birthplaces and/or ethnic origin. If this is exactly what you can get online and it bears the raised State Seal, then that's exactly what you need. It must be issued within 180 days prior to being submitted to the Consulado-Geral do Brasil in New York for "legalizations", it must also be authenticated by either the State Department or in Brazil by the US Embassy before submission to the Cartório you will be getting married in. It also must be translated by a sworn translator (tradutor juramentado) here in Brazil prior to submission.

The "Entry Card" is a document you will receive during your flight to Brazil. You fill it out and present it to the Federal Police along with your passport when you pass through Customs upon arrival in Brazil. The Federal Police Agent will stamp it and your passport. Note that you are required by law to keep the Entry Card with your passport and return it to the Federal Police upon departure, so take good care of it. It is NOT your visa and if you don't already have a VITUR Tourist Visa then you must apply for one through the Consulado in New York. You can download the application form online at:

https://scedv.serpro.gov.br/frscedv/ind … p?lang=eng

Click on Visa Request, fill out the form and print it off. Once you've done that you send it off to the Consulate.

The declaration of single (i.e. never married) is almost unheard of in the USA as I have been informed. The solution that seems to work for all of our members from the USA is to have the US Embassy or Consulate draft up a letter stating that you are single (never married) and place the Embassy Seal on the document. This also will need to be translated in exactly the same method as the Birth Certificate, unless you're lucky enough to have the Embassy/Consulate make it up in Portuguese already.

I don't know where you heard the nonsense about getting your Permanent Resident status in 60 days, that's absolutely incorrect. The entire process of "Permanência Definitiva" can take 2 years or more in most cases and then almost another year until you get your Cédula de Identidade Estrangeiro - CIE (official identification card). But, don't let that worry you. Once you're married and apply for your VIPER Permanent Visa based on marriage or on having a Brazilian child, you automatically have the legal right to remain in Brazil, to obtain your work permit (Carteira de Trabalho e Previdência Social) and to work in Brazil no matter how long the process may take. The only disadvantage is that during the processing time you MAY NOT leave Brazil and re-enter for periods in excess of 90 days, or the permanency process is voided and you'd have to start all over again (not advisable).

Hi,

I have a tax question for you...
I'm married to a Brazilian. If I obtain a VIPER Permanent Visa would my income from outside of Brazil (rental income from real estate) be taxable in Brazil IF I only spend a maximum of 180 days in Brazil? Presumably if I spend more than 180 days in Brazil the foreign income would be subject to Brazilian income tax?

Hello GringoBrazil9191,

Once you become a Permanent Resident of Brazil, regardless of how much (or little) time you spend in Brazil you are subject to Brazilian income taxes and you are required to report any foreign sourced income to the Receita Federal.

You would need to find out if there is an existing Tax Treaty between the UK and Brazil that would provide you Double Taxation Relief (I don't think there is, but a tax specialist could tell you for sure). Absent any standing Treaty, you may indeed be subject to tax on your rental income both in the UK and here in Brazil.

Given the numerous tax implications, and also the requirement that you report the property you own on your DIRPF (Declaração de Impostos de Renda Pessoa Física) the money you would pay in fees to retain a tax expert is a very wise investment. The tax laws here are so complex, and constantly changing, that it is extremely unlikely you could handle a return on your own and get it right. Getting something wrong can drop you into the middle of a whole world of troubles, so a tax expert is the only way to go.

Hello Mr Woodward,

Thank you very much for taking the time to answer my question I appreciate it greatly.

Yes I'll take your advice and speak to a tax expert here in Brazil as this sounds like it will be complicated.
I believe you are correct in that the UK does not have a Double Taxation with Brazil unfortunately.

Regards.

Hello, i can't seem to find an answer to the folliwing question; is it possible to apply for the VIPER permanent visa without bringing a police report? Is it possible to declare and sign a paper stating that no such (criminal) record exists? Being that I am already in Brasil, it would take a very long time to obtain my records by mail. Thank you

Hello pamelaroz,

Yes, if you are requesting a VIPER Permanent Visa based either on marriage to a Brazilian citizen (or permanent resident) or based on having a Brazilian child you can ask the Federal Police to provide you with the form "Declaração Sob Pena da Lei de Bons Antecedentes", but if you have never been convicted of a crime either in Brazil or abroad.

You must fill out the form and sign it. It must then have your signature notarized in the Cartório (please note that it may only be Reconhecimento da Firma por Autenticidade, since there are two different types of notarization and the other one isn't acceptable). That means you must take it personally to the Cartório and produce ID and sign their book. If you don't already have a signature on file with the Cartório you'll have to do that first. That process is called "abrir firma".

If the Federal Police ask for the Criminal Record Check anyway (they probably won't in your case if there is not existing record anyway) then you will have to apply for one in your home country.

Cheers,
William James Woodward, EB Experts Team

Dear William,
Fantastic!  I don't know how to thank you for this very important information!
Regards
Pamela

No need to thank me, it's my pleasure. Just being able to help people not have to go through all the bureaucratic BS I've gone through in my 13 years here is its own reward!!!   

Thank you so much  I really appreciate for that.         



And one more thing how long it will take this process?

The marriage process itself takes at the very least one month (or a bit more). Under the new rules for VIPER Permanent Visas based on marriage since Sept. 1 (if all your documents are in order) your permanency is approved automatically, you apply for the Cédula de Identidade and register in the RNA at the same time and that is supposed to be ready within 60 days. Since up until Sept. 1 it has been taking up to a year just for the Cédula to be made we don't know yet if they can really meet the 60 days they promise. So, your whole process is supposed to take just around 90 days from the day you apply to get married if you have everything ready and file for the VIPER immediately.

Does this new sep1 rule apply to people who have applied for viper before this date? I applied for my permenant residence 3 months ago and am yet to have the visit by the federal police to the home. It's my first time hearing about this new rule. What exactly is it?

Have you checked the Policia Federal website to see if your name is one of the 6000 plus processes that have been granted?

Look here (listed alphabetically by FIRST NAME):

http://www.dpf.gov.br/servicos/estrange … 202014.pdf

If your name is on the list, that means you have been granted Permanência Definitiva and you have 90 days from the date of publication to register in the RNE and request your Cédula de Identidade Estrangeiro. You need to fill out the online information and schedule your visit to the PF here: 

http://www.dpf.gov.br/servicos/estrange … -e-anistia

When you get to the part to generate the GRU (Guia de Recolhimento da União) you need to do two (2) one for the Código da Receita STN 140082 Registro de Estrangeiro  R$64,58  and another for 140120 Carteira de Identidade Estrangeiro de Primeira Via  R$124,23. In the field for "Agencia Arrecadadora" click the down arrow and select the Superintendência Regional da Policia Federal in the Brazilian city where you live (or that has jurisdiction over your city if it's a small town and doesn't have its own DPF Delegacia).

Hi,i am very happy and feel relieved to see all the comments and info, which has made it easier for all.

I am a Pakistani, divorced years back and have three daughters staying with grandparents in Dubai, i have plans marrying girlfriend from Brazil, my brazilian gf is soon visiting me in pk would be grateful if i could get help for the following:

1. Im a muslim do i need to marry in church and submit the registration in the consulate or i can marry in the normal muslim way and submit the official marriage certificate to apply for VIPER

2. In the posts i saw there is a visit from the Police to the residence of the couple to verify the authenticity of marriage prior to issuance PR in brazil but in my case im applying for a VIPER permanent visa from pk how would it be done from here.

3. My divorce papers are misplaced as it was years back...Can i get a declaration from the court that i am divorced attested by the ministry of foreign affairs in my country? In this declaration do i need to mention my daughters?
Do i need to submit proof of my daughters in my marriage process?

4.As far as i know by the posts i require four documents to apply for PR from my country please confirm:

a. Birth Certificate
B. Divorce confirmation
C. Marriage Certificate
D. Character Certificate certifying i have no criminal record in my country.

5. After issuance of PR is there a time period i have to be in Brazil or i have it and i can visit anytime within 2 years

6. After i land in brazil with a VIPER PR issued from Pakistan is there any further process for marriage i have to do

7. How much time continuous i have to spend in Brazil to be eligible to apply for citizenship or once i have my 2 years PR and we come for as vacation to brazil for a month just for the sake of visa validity i will still be eligible for citizenship.

Thanks

Hello FSI001,

I will try and answer your questions in the same order you've asked them:

1.  I am not familiar with any of the marriage laws in your country (which would govern marriages to a foreign national) so that is something you are going to need to check out on your end.

2.  Many new rules have come into effect as of Sept. 1 this year regarding the permanency process and one of them is that applications based on marriage, or on having a Brazilian child no longer are subject to a home visit. A home visit would not happen anyway when applying for the VIPER Permanent Visa abroad.

3.  The legislation requires either a Certificate of Divorce (issued by the Court) or the Final Divorce Decree (complete) both would need to be authenticated by the Ministry of Foreign Affairs in your country and legalized by the Consulado-Geral do Brasil..

4.  a) Birth Certificate (long form) which shows not only your birth information, but also the full names of both your parents, their origins.
      b) Divorce Certificate or Decree (as above)
      c) Marriage Certificate (registered with Consulado)
      d) Police Clearance Certificate / Certified Criminal Record Check (legalized by Consulado-Geral do Brasil)
      e) Certified copy of your Brazilian spouse's Identity document (Registro Geral)
      f) Certified copy of ALL pages of your passport
      g) any other documents the Federal Police request

5.  I believe you must enter Brazil within ONE YEAR of being granted the VIPER Permanent Visa, or it is void.

6.  Once you have arrived in Brazil (or sooner if you intend to delay your arrival) your foreign marriage must also be registered with the 1º Oficio do Registro Civil either in Brasília or the city in Brazil where you reside.

7. You must have 1 year of permanent residency in Brazil to qualify to apply for naturalization (married). You must state any absences from the country during the process so if you haven't resided in Brazil or you've been absent for periods of more than 90 days you would not qualify. You must also meet all the other requirements for Ordinary Naturalization, including passing a test of fluency in the Portuguese language (CELPE-Bras).

Thanks allot for the information which is of really big time help, futher just one thing:
Do i need to be fluent in Portuguese language plus written

Dear Williams,

So far as you guided ..i finished with all  my documents,arrived to brazil..first step i traslated my documents with offical traslator  and register in civil office.. now i have doubt.my fiance saying need to have offical translator during the wedding cermony at civil register office???  because i dont speak portuguese ,she will plays bridge between me and offical at civil office. my question is ..is it i need to translator or not?? please advice me !

Regards,
Azar.

Yes, if you don't speak Portuguese you MUST have a sworn translator present for the marriage. The law requires it.

Thank you so much Mr.Williams for your reply !!! i wish you have a great day !!

Hello William, great info. So i have to get another long form copy of my original bc and have my birth city date bc or send an attached letter with the date request was processed? City hall said they cant alter original but can provide dat3d attahment. Will this suffice?  Thx Don

The dated attachment is fine. Just remember that it must be legalized by the Consulado-Geral do Brasil in the issuing country and must also be authenticated either by your country's State Department in the US or by the US Embassy/Consulate here in Brazil (one or the other whichever is more convenient for you). Also you may wish to order a couple of them because the Cartório keeps the one you submit for the marriage process. It's always good to have another on hand here. Especially if the document you get is a certified copy of a record and not an ORIGINAL document, since Cartórios here will NOT make a certified copy of a copy (even if it is certified). If your BC is actually an original document then you should get the Cartório to make several certified copies for you they're inexpensive and worth their weight in gold to have.

Hello William, Thanks for all the guidance, i have prepared all the documents as guided by yourself as following:
1. Divorce Degree issued from the court attested
2. Birth Certificate with both parents name
3. Police character certificate which is only issued on clearance from any criminal cases etc.

My Fiancee is arriving Pakistan next week from Brazil and we shall get married here, therefore please confirm what is required from her to bring along because since its a long distance and i dont want her to miss or forget anything required to be submitted in the Embassy here for registering our marriage and issuance of my Permanent Residence visa.

As guided by yourself it is much faster 3 to 4 months process for issuance of PR from Pakistan comparatively i apply in Brazil, plus there is no urgency for me to move to brazil only that after marriage meeting my In Laws

Awaiting your response

Regards