Hi All,
I am currently going through this process and wanted to share my experience in the hopes it will help others. This details a process for a foreigner to gain residency through União Estável, and applies to both same-sex and heterosexual couples. União Estável can be interpreted as Common Law Marriage, Stable Union or Domestic Partnership, depending on who you ask.
This is a summary of what I have learned and experienced so far, and is in no way the final word on the process. As with any other process in Brasil, your results will vary.
First, the official resolution, from 2008, that defines the process: http://portal.mte.gov.br/data/files/FF8 … 202008.pdf
That should be your main guide. The following is a rough translation of the required documents, accompanied by some additional thoughts.
THE RESOLUTION
Article 2 – The proof of the Stable Union may be made by one of the following:
I. A stable union certificate issued by a government agency in the home country of the applicant, or
II. Proof of stable union issued by a competent court or authority in Brasil or a corresponding foreign authority.
Article 3 – In the absence of the documents referred to in Article 2, the proof of a stable union may be made upon presentation of:
I. Certificate or similar document issued by the national civil registration authority (Cartorio), or foreign equivalent.
II. Statement, under penalty of law, by two people who can prove the existence of the stable union, and
III. At least two of the following documents:
a. Evidence of dependence issued by the tax authority or agency corresponding to the Receita Federal;
b. Religious marriage certificate;
c. A will that proves the relationship;
d. A life insurance policy that has one of the parties as the insured and the other as beneficiary.
e. The deed of purchase and sale, registered with the Registro de Propriedade de Imóveis, in which the interested parties appear as owners or renters of the property.
f. Join bank account
For the purposes of paragraphs “b” through “f” of Section III, the documents must be at least one year old. This requirement is easily the most common mistake. If it has to be one year old, it has to be at least one year old. Many people have applied thinking they can get around this, and they fail.
Article 4 – The requestor must also submit:
I. A request including a history of the relationship (written by the Brasilian partner)
II. A deed of commitment to the maintenance, subsistence and exit of the national territory, when necessary, in favor of the applicant, made at a Cartorio (they will know what you're looking for when you ask for it in Portuguese).
III. Proof of means of subsistence of the claimant or the foreigner, with sources in Brazil or abroad, sufficient for the maintenance and survival of both, or a contract for regular work, scholarship subsidies, or other lawful means. Generally, this is a copy of your partners wage slips, employment contract, and/or work book.
IV. Certified copy of your partner's ID Card (made at a cartorio)
V. Certified copy of your Passport (every page – even the blank ones, made at the Cartorio).
VI. A criminal background check, issued by the government of the applicant's country of residence. This must be less than 90 days old. I got mine through the FBI, instructions here http://www.fbi.gov/about-us/cjis/background-checks. This took me about 8 weeks, so plan ahead. Also, this will have to be certified by the Brasilian Consulate in the issuing jurisdiction, and then translated in Brasil. As far as timing, this is usually the most difficult.
VII. Proof of payment of the individual immigration tax. You can find the fee here: http://www.dpf.gov.br/ under the GRU section. You can generate a print-out here, or I think you can get it from the PF. This can be paid at any bank. For me in Rio, it was R$102.
VIII. Declaration, under penalty of law, of the applicant's civil status in their country of origin. I did this at the Cartorio, but others have had their embassy issue something. I also think there's a form the PF can provide you with, that you'll then have to sign at a Cartorio.
(My favorite part) At the discretion of a competent authority, other documents may be requested.
Article 5 – Documents issued abroad must be legalized by the Brazilian Consulate in the country of origin. For US residents, there are several consulates, each covering a different region. What's important is that you send your documents to the appropriate consulate for where your document originated. My stable union certificate was issued in Denver, so that had to be sent to Houston. My FBI background check was from Washington DC, so that had to go to the consulate in DC.
Also, only documents issued by a government entity can be directly certified by the consulate. If it has a non-government origin (bank account, rental contract, life insurance policy, etc), you will want to have it notarized first – then the consulate should be able to certify it for you. A notary will think it's odd that you want to notarize your bank statement, but that seems to be what works. Just be aware that you'll still have to have these documents translated, which can get expensive, so choose wisely.
Also, if in a foreign language, all documents must be translated by a certified translator in Brasil. To find one, you can Google “Junta Comercial” and the name of the state you're looking for, they usually list sworn translators on their website. Some results:
SP: http://www.jucesp.fazenda.sp.gov.br/dow … pretes.xls
RJ: http://www.jucerja.rj.gov.br/Servicos/T … idioma.asp
MG: http://www.jucemg.mg.gov.br/ibr/informa … nterpretes
Article 6 – If necessary, the Conselho Nacional de Imigração may request the Ministério da Justiça to carry out further inqueries. – More potential for other random document requests. Also, I think this is the basis for the home visit.
Article 7 – In the case of a permanent visa or residency permit, the foreigner remains bound by the terms of the union for a period of two years.
You will also need to submit 2 3x4 passport photos of yourself, and one of your partner.
I also had to fill out a Form 334, which I got from the PF.
TO APPLY
You basically have two options, each with their pros and cons.
1) Apply directly to the MTE – their mailing address:
Conselho Nacional de imigração
Esplanada dos Ministérios - Bloco “F”, Ed. Anexo, 2º andar, Sala 278-B
Brasília – DF / CEP: 70059-900
Fones: (61) 3317-6655/3317-6461 - Fax (61) 3317-8276
Pros:
• The process is generally faster
• You can apply from inside or outside of Brasil
Cons:
• Your current visa does not get extended to allow you to stay legally inside Brasil during the process.
• You will have to collect your visa from a consulate outside Brasil (this could be a pro to some).
• I chose the other option, so you may want to do some additional research before applying.
2) Apply at the Federal Police – they will collect all the required documents and then forward them to the MTE. As part of this process, they will perform a surprise home visit, as well as issue a temporary visa so you can stay in the country legally during the entire process. This is the option I chose.
Pros:
• You get to stay in the country for the length of the process. You are even allowed to leave the country, but not for longer than 90 days. If you will be away from your home, or outside the country, it is important you contact them ahead of time. You don't want to miss your home visit.
• You do not have to leave the country to collect your Visa.
• Some people have had success in obtaining the right to work legally.
Cons:
• The process takes longer.
• You may end up with a false sense of security, as they may accept documents that the MTE finds insufficient.
• You will probably waste a day waiting in line to get a number, then waiting for your number to get called…. But hey, you should be used to that by now.
AFTER APPLYING
If you go through the Policia Federal, you will be given a Protocolo with a number and your picture on it. With this, you may track the progress of your application online at :
www.mj.gov.br – select Estrangeiros and then Consulta a Processos. It will take several weeks for this to show up.
Once it arrives at the MTE, the website is
http://migranteweb.mte.gov.br/migrantew … cesso.seam
I think both sites are Internet Explorer only – if you have a newer version of IE, you may have to try “compatibility view”.
FINAL THOUGHTS
You'll notice Articles 2 and 3 lay out three different methods for proving the Stable Union. Without question, the first two options (Both in Article 2) have the most success. The third option (Article 3), while viable, is submitted to additional scrutiny as it's considered the easiest option. If you go that route, be absolutely sure the relevant documents meet the 1 year age requirement.
If you can get a Stable Union or Domestic Partnership registered in your home country, it will be the easiest and cheapest. You will then only need to have that certified by the Brasilian Consulate in your home country, and then translated here.
Having your union registered by a court will require you to hire a lawyer, and will cost you more money, but many have preferred this route as it's more of a sure thing.
Based on anecdotal evidence, recent applications through the MTE have taken as little as 4 months. Recent applications through the PF have taken 6 months to a year.
If your application is initially rejected, you will be given 30 days to provide additional documentation. If that is not enough time, some people have had success requesting an additional 30 days.
Although this process does not explicitly require it, this is a good time to get your Birth Certificate certified and translated. If you don't need it for this - and you might - you will eventually need it.
That's all I have. Boa sorte!
Chris
Moderated by Priscilla 8 years ago
Reason : Asked to be removed by the initiator for personal reasons
