Getting married in Brazil, Permanent Visa and documents required

Hi, back again with another couple questions.

First, (apologies for probably a dumb question but I'm having trouble wrapping my head around all the different documents and what I need to do with them.) question is, which documents do I actually need to have legalised here in the Uk before I go back to Rio?

2nd question is, do I still need to have a criminal record check even though I have no criminal record?

Thanks again for your help.

Hi Stephen,

Not a problem, chap!

1.  For the marriage process you will need your (long form) Birth Certificate (Registration of Birth), which is the one that shows not only your date and place of birth, but the full names of your parents and their origins. This must be issued within the 180 days prior to being legalized (i.e. it must be a new document not one you've had for a long time). The Birth Certificate must be BOTH legalized by the Consulado-Geral do Brasil in the UK, AND authenticated either by the Foreign Office in the UK or the British Embassy/Consulate in Brazil.

Also for the marriage, a Declaration of Single Status / Declaration of Non-Impediment issued by the Foreign Office in the UK (or other government body competent) this must also be legalized by the Consulado-Geral do Brasil in the UK and authenticated by the Foreign Office in the UK or Embassy/Consulate in Brazil.

Note: The Cartório will want to keep the ORIGINAL (although I've heard from some that if you beg enough they'll take a certified copy and return the original, but don't count on that) so when you submit the BC for the marriage get them to make a couple of certified copies of it, and the translation for you for later use. It is well worth the small fee and for almost any other purpose certified copies will be sufficient.

2.  For the permanency process. If you have NO criminal convictions whatsoever, either in Brazil or abroad then you can make a Declaration (Declaração Sob Pena da Lei de Bons Antecedentes). The Policia Federal have a blank form you fill in (ask for it). You fill it in and sign it, you must then take it to the Cartório and have your signature notarized.  This process in Brazil is called "Reconhecimento da Firma" and there are two types: a) for likeness (semelhança); and b) for authenticity (autenticidade). Any signatures for the Policia Federal must be notarized for authenticity.  NOTE: In the event that the Policia Federal want a Certified Criminal Record Check anyway (they likely won't) you can actually apply for it from Brazil if you don't want to go to the trouble and expense of applying for it now; it will only be a bit more complicated and take some time. If you do need the record check then it will need to be legalized by the Consulado-Geral do Brasil in the UK as well.

You will have to go to the Cartório (can be at the same time as you are arranging the wedding) and register your signature a process called "Abertura da Firma" you produce your identification (Passport, CPF, etc) and they will then be able to notarize your signature from that point on. People who do business and/or travel a lot may actually "abrir firma" in several different Cartórios for convenience since you can only have your signature notarized where you have it on file.

That's it for legalization. The whole process as a veritable labyrinth of bureaucracy so keep calm, breathe deeply, and you'll get through it. We all somehow manage to.

Cheers,
James

Hey William,

Thanks yet again I am kinda gonna be passing through  all that process indeed. I benefited a lot from Stephen's questionnaire as well. Thanks William. For the purpose of Permanent Visa, your answer to Stephen made me shutter to think, if I apply for a criminal record check here in South Africa, which is not of course my country of origin but I have been living in for almost 5 years now,  and get it authenticated at the Brazilian Embassy, my questions are:

Will the Brazilian Policia Federal approve of it without prior authentication by the South African Embassy in Brazil?

Can the Brazilian Authority here in South Africa question my motives for my Tourist Visa Application if they learn that I have gone through Criminal Record Check (during legalization process)?

Hi Mb,

Actually, if you've only been in South Africa for under 5 years, the Policia Federal are probably going to want a Certified Criminal Record Check from your country of origin too. Both of which can't be more than 90 days old and must be legalized by the Consulado-Geral do Brasil in the country in which they were issued AND authenticated by the Min. of Foreign Affairs (or equivalent) in that country or that country's Embassy/Consulate here in Brazil. Unless they are stamped by both they will not be accepted by the Federal Police for the purpose of immigration.

No, I doubt that the Consulado-Geral do Brasil is even going to care about your motives for legalizing documents, visa application or not. They can't question your motives at any rate, since as long as you have all the right documentation and follow the rules, you have every legal right to marry in this country on a VITUR Tourist Visa.

Cheers,
James      Expat-blog Experts Team

Thanks a lot, I'm a bit more clearer about what I have to do here in the UK now. I guess in hindsight it's actually a pretty simple process as long as you have the right documents etc I am not going to Rio until June so  I should only start getting those documents legalised after the new year since they have to be issued within 6 months, correct?

Hey William,

Indeed, You just put another smile on my face, many thanks.

Hi Stephen,

Actually they can't be more than 180 days old (BC) or 90 days (Record Check) at the time you legalize them. Once legalized that stops the clock, they will continue to be considered valid from that point on, so you won't have any problems with the Cartório. I didn't actually use my record check for 4 years after it had been legalized, and the Federal Police didn't even bat an eyelash. Since I had been living here in Brazil for all that time I did, however, need to obtain one from here as well.

Cheers,
James

For United States Citizens, be advised that the FBI (CJIS) installed a new computer system in September and they are experiencing delays in processing. You should plan ahead accordingly.

This is the transparency Americans were promised by the Executive branch, and these are the consequences we are now paying as a result.

http://www.fbi.gov/about-us/cjis/identi … ary-checks

Dear  Williams,

the fedral police accept my application..they issed me ¨SINCRE¨  but police personnel said after 2 weeks time i will get courier to my house that i can collect my original card and meanwhile my wife checked with ministry of labour website to apply for ¨caderia for trabhloan¨ book but she said they dont have appoitnment slot for this month..my question is can i apply for job  in brazil right now?

what does RNE stands for.. by using this number i can apply for job future??

please give me your mail id:i wish to send you  few documents which will be useful for you to advice for personnel who seeks help for marriage and premanet residency , its have clearly mention about what are documents needs and how much it cost..so it will be more easy for you   and personnel can plan better..

Actually i working for cruise line: my company last year nov 2013 applied for me ¨SINCRE¨ but its temporay status valid for 6 months but this time  police edit and  change my stauts to premanent .they issued validity  for next 10years. please advice me if i join back in ship i have to work for 9 months in outside of brazil?? how many months i can stay outside of brazil??  if i stay outside of brazil 9 months will i get any problems in applying for citizenship after 1 years ??? or  when i entry again to brazil is it need to apply for visa ??

Regards,
Azar.

Hello Azar,

No, you can't apply for work until you have the Carteira de Trabalho. Unfortunately the only place that expats can apply for their CTPS is at the Superintendência Regional de Ministério de Trabalho, so you'll just have to make an appointment for whenever you can get one.

RNE stands for "Registro Nacional de Estrangeiros" which is the database that the Policia Federal maintain on all foreigners registered in Brazil.

Once you are registered as PERMANENT you are permitted to be outside of Brazil for up to 2 years before you would lose permanent resident status, this is based on the dates of entry and exit stamps in your passport. So when you board the ship you'd need to pass through Customs & Immigration get your passport exit stamped, when you return to Brazil you would then pass through Customs & Immigration again and get an entry stamp.

I'm sorry, but for security reasons I do not give out my personal e-mail, address or telephone. I hope you will understand.

Cheers,
James        Expat-blog Experts Team

Dear William,

Thanks for your reply.

1,)Now my premenent residence visa is under processing so till it get complete i should not go outside of the brazil so that i can able to get my PR visa i am right?

2,)once i get my PR  visa maximum how long time i stay outside of brazil?

3,)Federal police personnel told my wife that i can able to apply for citizenship in december 3rd  2015 .  so date is count from the submission of PR application or from date PR is granted?
(Note:he mention clearly if i can speak poruguese then only i can apply)

i understand about sharing your personnel information.its okay..later i will type all the documents and expenses and will load in Expat.com..

Regards
Azar.

Hi Azar,

1. If you applied for permanency after September 1, 2014 then you're under the new system and you get granted permanency immediately if you apply based on marriage, stable union, or having a Brazilian child. The Federal Police should have stamped your passport "Registrado como Permanente" somewhere. Look for it and if they didn't then you should go back and ask them to do so.

2. Once you have been granted permanency you can be outside of Brazil for up to 2 years. If you are away longer than that and it isn't because of something out of your control like being hospitalized, then your permanency is cancelled. However, you don't have to go through the whole process all over again if that happens, there is another process which is much simpler called "Re-estabelecer Registro".

3. Since you now get permanency immediately upon applying, the year counts from the date of your application because they are essentially the same dates now. Under the OLD system it was counted from the date you actually had permanency granted which often took 2 years or more from the time one applied.

Yes, you have to prove you can speak Portuguese in order to qualify for naturalization. There is a test called the CELPE-Bras that happens a couple of times a year. If you miss it I understand that some delegacies of the Federal Police may even administer their own test.

Cheers
James             Expat-blog  Experts Team

Thank you Mr.James. i will keep uploading my status to you..have a good evening.

cheers,
Azar.

I just wanted to share my experience with the Federal Police in Campinas.

My husband and I went to the Federal Police today and we were told that they can't process my application for permanent residency without a Criminal Record Check. We got married here in Brazil back in October. We had a signed and certified declaration saying that I've never been convicted of a crime and that I'm not wanted for anything in the United States, but since my husband is not a Brazilian (he has been a Permanent Resident of Brazil for 30 years), I'm not eligible to obtain a permanent visa based on marriage. The process in my situation is "Pedido de Permanencia por Reuniao Familiar," (application for permanent residency based on family reunion) and in my case, they do require a Criminal Record Check. All the other required documents remain the same with the exception of:

- my Criminal Record Check
- a document from my husband's employer confirming that he is indeed employed
- a declaration from my husband claiming responsibility for me

Even the fees/taxes and application form are the same! We were hoping that the declaration would suffice, but no such luck. Now I have to find a way to get fingerprinted here in Brazil and then submit my fingerprints to the California Department of Justice and then wait for my Criminal Record Check to be mailed out to a family member back home in CA...and at that point, I'll have to ask the family member to take the document and get it legalized at the local Brazilian Consulate before having them mail it back to me here in Brazil! I want to cry!

Also, for what it's worth, James is so right about the Federal Police not knowing their sh*t! (Please excuse my language.) The first person we spoke to, Employee A, took a look at our application and noted that my husband was not Brazilian and simply told us that I could not apply for permanent residency based on marriage and gave us no further explanation and attempted to turn us away.    When we insisted, Employee A, then proceeded to ask her co-worker, Employee B, who happened to be in the booth next to hers, and Employee B confirmed what Employee A told us. Yet we still insisted (nicely) and finally, she got a third opinion from Employee C, who proceeded to explain to us that while I wasn't eligible for permanent residency based on marriage, there was a separate process based on family reunion. He was informative and kind and answered all our questions. 1 out of 3 informed employees ain't bad, right?   

I shed tears to see where you are at and all that you have to fo through yet again I am thankful to you for sharing your experience which is a warning to those of us who are still thinking that we can shrink our pass by a simple declaration of criminal check(since my future wife is a brazilian)
Thanks victoria

Hello Victoria,

Go back to the Policia Federal and speak with a REAL police officer who knows the law. You were obviously dealing with a civilian employee contracted from an outside company (common in the State of São Paulo).

A "Pedido de Permanência Definitiva com base em casamento" most certainly can be made when marrying a Permanent Resident. Even if the process your application as "Reunião Familiar" under the new rules your rights are ALL THE SAME at any rate, and if they will not accept the "Declaração sob Pena da Lei de Bons Antecedentes" they are violating your Constitutional rights under Sec. 226 of the Constitution of the Federated Republic of Brasil 1988, which guarantees protection of the family unit. The Constitution also has other provisions of EQUAL TREATMENT BEFORE THE LAW. You cannot be treated any differently than anyone else in this country, citizen or foreigner! There is an instrument called "Mandado de Segurança" which is used specifically for Constitutional rights violations, it's quick and simple. You don't even go to court. You have a lawyer apply to a judge in the Tribunal Regional Federal - TRF and the judge rules immediately and issues what is essentially a desk order, compelling the other party to do what is requested by the plaintiff.

Cheers,
James        Expat-blog Experts Team

James, are you positive about this? We spoke to three different people at the Federal Police today (I don't know if they were real officers but I assumed they were - do real officers wear some sort of uniform so that we can tell them apart?) and while two of them were very unhelpful, the third employee was quite informative and he seemed to know what he was talking about. I just don't want to waste anymore time going back 'n forth with the Federal Police. I have just a little over 80 days before my tourist visa expires (it's already been extended once) and I'm worried that I won't be able to procure my Criminal Record Check in time, especially considering how long it takes for foreign mail/packages to clear Brazilian Customs. (My friend sent me a package on October 29 - just a CD with some photos on it - and it still hasn't arrived.) 

Victoria, I just got my residency (based on marriage) last Wednesday in Belo Horizonte. I didn´t need any kind of background check.

I also didn't need a background check. I went to the federal police and they gave me this paper:





And that was more than enough for my criminal background check.

Absolutely sure, and also since you're married to a permanent resident you can't even be asked to leave Brazil. You can overstay your visa and you will be in an "irregular" migratory situation, but that isn't a crime, just an administrative infraction and really no big deal.

Federal Police, at least the ones that work in the Setor de Estrangeiros don't wear uniforms (those are probably just security guards or civilians contracted) and the police that do wear them all have Policia Federal clearly written on their backs. You need to look for the GOLD BADGE that is either hanging around their neck on a chain or clipped to their belt. Then you know you're dealing with a real officer.

If you're terribly worried (and you shouldn't be) ask them to let you submit your paperwork with the Declaração, and inform them that you'll apply for the Criminal Record Check and provide it to them as soon as you get it. That will probably keep them happy.

Cheers,
James

meganb wrote:

Victoria, I just got my residency (based on marriage) last Wednesday in Belo Horizonte. I didn´t need any kind of background check.

Hi meganb, is your spouse Brazilian? My spouse isn't Brazilian even though he has lived here for 30 years.

Hi cupofjoe, which city are you in? Also, is your spouse Brazilian?

Hello  James,  Don here from Florida. 

I  arrived here in Curitiba on December 6th and I am starting the process for marriage to my Brazlian  fiance. I have secured all authenticated  documents  from  the United  States that have also been  notoriized  by the Brazlian Consultant  in Miami and Boston. Do   I still need to apply for a CIE card or can I start the marriage  process without this card.

many thanks,

Don in Curitiba

He's a Brazilian.

Hello Donald Young,

You do the marriage process first. The CIE is part of the permanency process. Under the new rules now the permanency process is all done at once... )the pedidio de permanência definitiva, registro no RNE and requerimento da CIE.)

See the following topic posting for the steps:  https://www.expat.com/forum/viewtopic.php?id=403321

Great article thanks so much for taking the time to put things so clearly!

Hi Dear,
Can I know about the process and conditions of Proxy Marriage?
I am not from Brazil but my sweet live in Brazil

Regards

Hey, I am at a similar situation right now here in Brazil.
I have got only 14 days left here on my tourist visa. We spent all 90  days getting the documents right here. We went to the cartorio and they did not accept my documents.
My question is did you leave the country or not? In which city of Brazil did you get married?

Masood,

To arrange the proxy marriage, one MUST already be here in Brazil, within the validity of their visa. It is not intended for those who are outside the country, but for those who are (or were) in Brazil but for some reason cannot be present for the wedding ceremony.

It cannot be arranged from outside of Brazil.

Cheers,
James      Expat-blog Experts Team

Hi dzdz,

In your situation, you should go to the Cartório and find out if they will arrange the proxy marriage for you, accept the documents you have now and give you time to submit whatever else it is that they require.

The process you want to ask for is "Casamento por Prucuração", but you've got to arrange it while your visa is still valid.

If they accept, then either post here for further information or send me a private message.

Cheers,
James        Expat-blog Experts Team

Did you get a list from the cartorio of the documents necessary?
I didn´t have any problems but we also went to the cartorio and asked first.

Hello
my name is Hafizullah Alishah
I am from afghanistan
i came here for my girlfriend she from brazil
now i live in sao paulo
i make all document for marriage. i just want to ask you after marriage in how much time they will give me identity card of brazil  if i apply for it

Once you are married you will receive permanency immediately if all your documents are in order. Your passport will be stamped "Registrado como Permanente" and you will wait about 60 days or so to receive the Cédula de Identidade Estrangeiro ID card.

Hi James, thanks for all the info in this thread It's been very helpful! I have one question that I have not seen addressed yet. I heard that if we were to get married in church, the registration at the cartorio would take only one day given we have the letter from the church so we do not have to wait for one month as per norma cartorio procedure. Is this true?

Thanks!

I have never heard that before. As far as I am aware religious weddings in Brazil are purely symbolic, it is my understanding that they do not have the force of law.

I would recommend that you check directly with the Cartório where you plan to have the civil marriage to find out for sure. This is completely a new one on me!

I hope that you'll come back and post the answer here, as it will be extremely helpful to other members.

Cheers,
James     Expat-blog Experts Team

When I got married in August, not a chance in hell. We tried everything with them. The main guy at the Cartório said that it was the law to wait the 15 (i can't remember if this is the exact number) working days. He said there was no way they could move it. So we had to get married at the church without it being legal. This is a pretty big no no with the religious crowd here. We created a fake marriage certificate that we signed at the wedding to avoid controversy 

VictoriaChandler wrote:

I just wanted to share my experience with the Federal Police in Campinas.

My husband and I went to the Federal Police today and we were told that they can't process my application for permanent residency without a Criminal Record Check. We got married here in Brazil back in October. We had a signed and certified declaration saying that I've never been convicted of a crime and that I'm not wanted for anything in the United States, but since my husband is not a Brazilian (he has been a Permanent Resident of Brazil for 30 years), I'm not eligible to obtain a permanent visa based on marriage. The process in my situation is "Pedido de Permanencia por Reuniao Familiar," (application for permanent residency based on family reunion) and in my case, they do require a Criminal Record Check. All the other required documents remain the same with the exception of:

- my Criminal Record Check
- a document from my husband's employer confirming that he is indeed employed
- a declaration from my husband claiming responsibility for me

Even the fees/taxes and application form are the same! We were hoping that the declaration would suffice, but no such luck. Now I have to find a way to get fingerprinted here in Brazil and then submit my fingerprints to the California Department of Justice and then wait for my Criminal Record Check to be mailed out to a family member back home in CA...and at that point, I'll have to ask the family member to take the document and get it legalized at the local Brazilian Consulate before having them mail it back to me here in Brazil! I want to cry!

Also, for what it's worth, James is so right about the Federal Police not knowing their sh*t! (Please excuse my language.) The first person we spoke to, Employee A, took a look at our application and noted that my husband was not Brazilian and simply told us that I could not apply for permanent residency based on marriage and gave us no further explanation and attempted to turn us away.    When we insisted, Employee A, then proceeded to ask her co-worker, Employee B, who happened to be in the booth next to hers, and Employee B confirmed what Employee A told us. Yet we still insisted (nicely) and finally, she got a third opinion from Employee C, who proceeded to explain to us that while I wasn't eligible for permanent residency based on marriage, there was a separate process based on family reunion. He was informative and kind and answered all our questions. 1 out of 3 informed employees ain't bad, right?   

Today, I had my second visa appointment with the Federal Police in Campinas and thankfully, everything went smoothly! They stamped my passport and I now have my protocol in hand (valid for 5 months). I was told that my CIE would be ready within 4 months and that I would be notified by email when it's ready. I also received a printout of my SINCRE without having to ask for it. The agent who helped us was friendly and efficient. 

Thank you to everyone who answered my questions and shared valuable information via this website! Thank you, especially to James for tirelessly answering not just my questions but everyone else's questions! 

For a more detailed history of everything I've been through to obtain permanent residency, please see my posts in this thread.

https://www.expat.com/forum/viewtopic.p … 84#2431700

It was a logistical nightmare trying to obtain my criminal record check from abroad (though it was nothing compared to others' experiences) but I'm grateful that it all worked out in the end!

A few more questions:

I now have to wait for my CIE. Is there anything that I need to do in the meantime? Do I have to register in the Registro Nacional de Estrangeiros? Or did that automatically happen today when I received my protocolo? Lol! I'm still confused!

Also, how do I obtain a CPF? Will they issue me a CPF when I apply for my work permit though the Ministry of Labor office? The CPF is like the Brazilian version of the American social security number, correct? I tried to join a local gym and they told me that I needed a CPF.

Muito obrigada!

Hello I also recently got my Protocol but I didn't need my criminal record at all. Did you?  As far as the cpf you can get it now at any banco do brazil or correios. Good luck.

If you marry a Brazilian no you don't need the Criminal Record Check, a notarized declaration that the Federal Police will provide you with will do. Victoria married another expat with permanency, so she needed the check to be done.

The post office and banks no longer do the CPF applications, you now have to go to the nearest office of the Receita Federal, take your passport along with you.

Cheers,
James   Expat-blog Experts Team