Canadian Marrying In Brazil

Hello nv91, (does the nv stand for North Van????)

The marriage process for foreigners is a two part operation that first requires submission of all the documents and requesting permission to marry (Habilitação de Casamento), the marriage banns are then published in the National Gazette for 30 days and permission is published after that. Usually the Cartório will give you a date for the wedding a bit more than 30 days from the date you apply.

The marriage process and the subsequent permanency application are clearly explained in the following topic posting:

https://www.expat.com/forum/viewtopic.php?id=280525

Documents required for both are also listed. Please follow those instructions exactly or your documents will not be acceptable. Also note that all Cartórios are pretty much a world to themselves and some may ask for more than this, so be prepared for the unexpected.

You would also be wise to read the topic posting regarding the new procedures for requesting permanency that went into effect as of September 1, 2014. It is now all done at the same time in a more streamlined manner and provided that the documents are all in order permanency is granted immediately. You need only wait for the Cédula de Identidade Estrangeiro (Civil ID card) to be produced and ready for pickup.

https://www.expat.com/forum/viewtopic.php?id=403321

Cheers,
James        Expat-blog Experts Team

So on my part in Canada is to Submit my documents to Brazilian Consulate in my originating country such as Birth Certificate, Visas and request for Marriage permission?

What does she have to do in Brazil (her part?)

You don't request permission at the Brazilian consulate to marry.

You need to apply for the tourist visa and also have them to legalize your birth certificate.

Also you'll need to get a declaration that you're single, it's best to get this done in Canada.

You must obtain a new (long form) Birth Certificate which must have been issued within the past 180 days before submission to the Consulado-Geral do Brasil in Vancouver for legalization. You will also require either a "Certificate of Single (never married) Status" issued by the Ministry of Foreign Affairs, or in case you are divorced a Divorce Certificate or Final Decree of Divorce which also will need to be legalized by the Consulado-Geral. You must also have these documents "authenticated" either by the Ministry of Foreign Affairs in Canada or by the Consulate-General of Canada in Brazil (whichever is more convenient for you). You may also wish to apply to the RCMP for a Certified Criminal Record Check which also must be legalized by the Consulado-Geral. However if you have NEVER been convicted of any crime then you may sign a notarized Declaration to that effect which will be provided for you by the Policia Federal here when you apply for permanency.

ALL DOCUMENTS WRITTEN IN ANY OTHER LANGUAGE THAN PORTUGUESE must be translated by a notarized public translator (Tradutor Juramentado) here in Brazil before submission to the Cartório or Policia Federal, as the case may be. (not necessary before legalizing through the Consulado).

ALL OTHER DOCUMENT on the list should also be provided.

Hi James, Thank you so much for all the valuable and extensive information that you have provided.
And I apologize in advance if I ask any stupid question as I am all new to this (never been married).

Anyway,
So step 1: Obtain a new (long form) Birth Certificate= Can you please give me a brief explanation of this process?
Step 2: Certificate of Single from Ministry of Foreign Affairs
Step3: Criminal record check to be legalized by Consulate General
(I have my tourist Visa by the way. I just got back from my 32 day stay in Brazil) My girlfriend plans on coming here in December to meet my family and such.

And so forward, I can do all that and after legalizing I have to get all these documents translated into Portuguese  By Tradutor Juramentado? Will I need to do that before coming to Brazil for the marriage or can we do that along those times? Or can that be requested to Consulate General do that process as well? How long does the process ?


and can you explain more about this process
"the documents and requesting permission to marry (Habilitação de Casamento), the marriage banns are then published in the National Gazette for 30 days and permission is published after that. Usually the Cartório will give you a date for the wedding a bit more than 30 days from the date you apply."

First of all, I firmly adhere to the belief that THERE IS NO SUCH THING AS A STUPID QUESTION, so don't worry about that one. All questions are based on a need to know something. (The teacher coming out in me as always  )

You can apply for the long-form Birth Certificate at the Department of Vital Statistics nearest you. That's the one that shows all the information regarding your birth, including your parents' full names. VERY IMPORTANT the wallet sized BC is not acceptable for this purpose. They will usually issue it while you wait. It must be then legalized by the Consulado-Geral in Vancouver and by Brazilian law all documents must be translated HERE IN BRAZIL. While they will accept translations done by the Consulado, they charge a fortune and usually delay in processing it. Much better getting it done here. Usual turn-around time here is about one week. For pricing you need to check with the individual translators.

Check with Vital Statistics while you are there about the Single (never married) Status Certificate, they should be able to point you in the right direction if they, themselves, don't issue such a document.

For the RCMP Certified Criminal Record Check see the RCMP website link below:

http://www.rcmp-grc.gc.ca/cr-cj/steps-etapes-eng.htm

Note that there may significant delays in processing the RCMP check.

ALL OF THE ABOVE documents must be legalized by the Consulado-Geral do Brasil in Vancouver. They must also be authenticated by the Ministry of Foreign Affairs if done in Canada, or by the Consulate-General of Canada if done in Brazil. I personally would recommend the latter especially if you going to be residing in São Paulo. The Consulate there is located in the Brooklin neighborhood very close to Berrini CPTM Station.

Av. Nações Unidas 12901 16º andar
Brooklin
04578-000 São Paulo – SP

(11) 5509 4321
(11) 5509 4343

All of the documents listed for the marriage (first list) must be submitted to the Cartório at the time you apply for Habilitação de Casamento. From that point it will mean waiting at least 30 days for the actual wedding date.

You will be permitted an initial stay of 90 days on your next visit to Brazil, you should be able to get through the whole process in that time provided that all the required documents are ready before you arrive and you don't delay too much in getting them translated here. Given that you were already in Brazil for 32 days, you would be entitled to request a visa stay extension "Prorrogação de Estada" at the Policia Federal headquarters in Lapa should that be necessary.

Once married, regardless of your visa status you are legal in Brazil and the Federal Police are required to accept your application for permanency regardless of visa status if married to a Brazilian or parenting a Brazilian child. Again, the process for the Federal Police is exactly as outlined in the two links that I gave you to topics in my first message.

Cheers,
James

Thank you James for all the help...

I will get back to this thread if I need any assistance. If not... I'll get back to you in the long run and give some update. I appreciate the help. Thanks

Hey James,

We're in a little bit of a dilemma. So what would she and I need to do if we wanted to do the Civil wedding here in Canada in January of next year and then have a normal planned ceremony in Brazil later of next year (she and I never had a prior marriage, first time)? I just want to get your expertise and input on this. Thanks again

Well from what I can tell from the government of BC website you will only need your Birth Certificates, a Marriage License (valid for only 90 days) and I presume some form of ID. The site makes no mention at all of any special requirements for foreign nationals getting married in BC, but they may want a copy of her passport ID page.

I'm almost certain that they will want her Birth Certificate translated into English and maybe her Brazilian civil ID (Registro Geral) translated too.

I believe that you request the Marriage License through Vital Statistics in Vancouver, go see them or phone and find out if there are any special requirements for your girlfriend to marry.

This is the BC Gov't website about marriage:

https://www.vs.gov.bc.ca/marriage/howto.html

Cheers,
James

Hello. I am also from BC and got married there and then registered our marriage here in Brazil. I went to Coast Capital in Langely, which does insurance I think, but I was able to get our marriage license there. They required nothing from my husband, in fact he wasn't even there! Then after we were married I sent away for the certificate in Victoria. The most difficult part happens in Brazil because the FP are different in each city, and every cartorio is different too. In Vancouver, at the Consulate, there is an older gentleman working there.....he was very helpful. Good luck and I hope you are a patient person!

Hi, Just trying to figure out whether it will be much easier/practical to have the civil wedding here in BC and then have the ceremony in Sao Paulo Brazil (still deciding) . Anyway, So did your Husband need any ID, Documents or Birth Certificate or some sort to have the civil wedding here in BC? You sent away for Victoria? Can you explain more abut that? Also, So how so was it difficult to register in Brazil did you have to translate all the documents? And what was the process like? Did you have a formal wedding ceremony in Brazil as well? And I know the old man you are talking about, he served me while I was getting my Brazilian tourist visa. Thanks!!

Hello again! Well, when we got married it was when Brazil didn't allow you to stay in the country while you waited for your perm. visa. Now you can, so we got married in canada and then I applied for the visa in vancouver. It's faster there, but it depends on your situation. Your finacee needs to be in vancouver if you are to do the permanent visa, because they need her documents first. As for you, the consulate translates your stuff for a fee of course! We got married in canada only because we thought it would make things easier. (FYI...nothing is easy in this country!) But I have met other canadians and americans here, and you can just as easily get married at a cartorio here, apply for the perm visa and then go back to canada and get married there as well. We don't require anything! Like I said, for the license,  you just give them her name, birth date, and pay. They will give you a number and you can order online with stats victoria (same place you get your birth certificate) and they'll send you a copy of the cert. You only need it to register your marriage here if you get married there first.
Hope that helps? Let me know if you need more help! It's very bureaucratic here.

Did you folks do wedding ceremony as well? Or just the civil wedding (just to clarify)
Thank you for the information it's been helpful
What we plan to do is have the civil wedding here (like you said is much easier in this matter and also for my family to witness/bless the marriage) and then have the ceremony in Sao Paulo (for her end of the family). What would be the process of ceremony there? I understand if we were to get the civil done here to register there anyway.

I'm just not sure what the better option is. To have everything done in Brazil or do this .
Any suggestion? Thanks so much.

Hi again nv91,

If you and your future bride are thinking of having a separate wedding ceremony here in Brazil, once you've gotten married in Canada and registered the marriage with the Consulado-Geral do Brasil in Vancouver there's nothing to prevent you from going ahead with a church wedding here.

Religious weddings in Brazil, in fact, are purely symbolic; they do not have legal effect. You actually have to be married in a civil marriage before they'll even let you have a church wedding here. So a religious ceremony would be just the ticket to keep the bride's entire family happy and feeling that they're integral parts of the whole thing.

Just to point out a slightly outdated bit of information in Calazan's posting, under the new procedures for permanency in Brazil in effect since September 1, 2014 the process is no longer a 3 (separate) part process, but rather all 3 are done at the same time now. You apply for permanency, register in the RNE program and request your Cédula de Identidade Estrangeiro (civil ID) an a streamlined "one-stop shopping" sort of process now. If the paperwork is all present and in order you are granted permanency immediately upon applying, you register in the RNE and the only thing that you have to wait for is the Cédula which they say is supposed to be ready within 60 days. Some have gotten theirs in less than that and others have taken longer. You also have the immediate right to obtain your work permit (Carteira de Trabalho e Previdência Social - CTPS) and to work in Brazil.

For more on that see the following topic thread:

https://www.expat.com/forum/viewtopic.php?id=403321

Cheers,
James

Hey,
I'm just wondering if to get a civil wedding here in Van BC, we would both need Certificate of Single from Ministry of Foreign Affairs and Birth Certificate or just need marriage license here in Vancouver ? Also, are there any legal actions or documents that I would need for her to come here without Immigrations being fishy about our arranged civil marriages (There have been many arranged marriages just for papers and to enter country etc) + chances of her being deported It's been very strict here.. A little panicked with this process..

Much help would be greatly appreciated

I'm not familiar with British Columbia's requirements under the Canada Marriage Act since I've been away for 13 years now. You should check with the agency that issues the marriage licenses in Vancouver to find out if there are any special requirements for your Brazilian bride to be in order to legally marry.

Regarding obtaining residency in Canada, obviously Citizenship and Immigration Canada is going to look very closely at any marriages of foreign nationals as being one of convenience in order to obtain a visa, this is common. Given your observation that recently CIC policy has become much stricter, I'd recommend that you consider getting all the paperwork in order, come to Brazil to marry and remain here for a period of time. Then with a marriage that isn't any longer "as green as grass", you'll both stand a much greater chance of your wife's application for residency being accepted.

Cheers,
James