Proof of residency for permanent residency visa

Hi everyone,

My wife who is  NOT Brazilian will be giving birth in Sao Paulo in the coming week.   She has been search for a furnished apartment for close to 3 weeks without much result so we can register the baby and start our permanent residency visa program.

We have a budget of about 4000-5000 BRL, for a 1 bedroom apartment.   We would like a 3 to 6 month rental agreement if possible.   I know that the legal requirement is 30 months and  I just  read in the forum that there is quite a big penalty if terminated earlier.   Also many want the full amount in advance.   This wouldn't be much of a problem if I could open a bank account in Brazil and wire money.  But opening a bank account is not possible due to not having a job in Brazil, and there is a limit to how much cash I can bring in. Paying 3-6 months in advance eats up all the cash i can bring in and that is not acceptable.   

The apartments we have looked at are  furnished but many are without linen, pots, pans, etc. in tJardin, near Ave Paulista.

Since it is getting harder and harder to find something suitable in this budget, My questions are as follows.

1.   Can I use an aparthotel as a proof of residency, as long as I can get the proof of residency notarized? 

2.  I am just thinking of renting a hotel room for as long as I need and getting a really cheap apartment for 30 months just to get my proof of residency.   What is the typical requirements to rent an apartment for 30 months?  A proof of income, work in Brazil, etc etc?  How can a gringo/expat clear all this without paying 30 months rent in advance.

If I do get this 30 month lease apartment.    In such a case when I file my papers, can I go to any police station or must I go to the one that is near the apartment that I rented?


3.  Is there any alternatives to getting the proof of residency easier?   

4.  I need utility bills from the apartment in my name..  They all said that that is not  possible because I am written in as a "guest".   Is there a way to work around this?    I read that if the landlord had the actual receipt, then we could prove by matching the name of the property, the utility bill and the proof of residency .    But if the bill is automatically deducted from his bank account, then since there is no receipt is it not possible.    Is there anyway around this problem?

5.  Does a mobile monthly subscription bill qualify as a utility bill in our name?

6.  Is regular or express mail, mailed to an  aparthotel or an apartment accepted as a  proof of residency. 

7.  This is a long shot but can a hospital bill be used as a proof of anything in the worst case scenario? 

8.  Renting one room in an apartment with 3 rooms,  would that qualify as a proof of residency?  I understand, that this room could be a sublet of two people, looking for a third person to share the burden, in which case things would be difficult.  But if the room is directly rented by the owner, will this qualify as a domicile and can I get a proof of residency?   (I can't see why not but doesn't hurt to ask.....)

9.   I was told by an agency that I can get a notarized proof of residency  from the owner of the apartment.   Do I need the original lease form when I file papers for residency?    I ask this because
the actual lease is written and signed by the agency and they told me that I can not get the lease form itself.  But as mentioned above, I can get a notarized proof of residency from the owner.  (this agency rents from one month and on).

10.  Finally, is proof of residency needed to get the birth certificate. 

Thank you in advance for all information.

Hello Dulake5,

You do not need a proof of residence in order to register the birth of your child. You will however need to provide the Federal Police proof of residency if you are intending to apply for permanency based on a Brazilian born child following the birth. If you can't get a rental contract or utility bill (electricity, water, gas, fixed telephone) in your name, then you could have the landlord make a Declaração de Residência and have it notarized.

For a hospital birth, where the parents of the child are married the procedure is as follows:

The birth must be registered at the Cartório de Registro Civil e Pessoas Naturais in the city where the parents reside (or in their neighborhood if there are several in the city), or in the city where the child is born. The birth can be registered by the father alone, the mother alone or both together, this must be done within 15 days of the birth. Note that if the mother registers the birth alone, it is necessary for the father to provide a notarized Declaration acknowledging paternity, so it is best that the father register the birth or both parents do it together. (less headaches and paperwork)

Documents

The YELLOW copy of the DNV (Declaração de Nascido Vivo) issued by the hospital where the child was born

Marriage Certificate of the Parents (depending on the Cartório they may require that you have it translated into Portuguese)

Civil ID or passport of both parents.

You should be able to provide the Cartório with the full names of all of the grandparents, both paternal and maternal.

The first Birth Certificate is free of charge and is the right of all children born in Brazil.

Please note that exact spelling of ALL names is of absolute importance when registering the birth of a child. Any errors (including simple spelling errors) in any of the names child, parents, grandparents will not be corrected by the Cartório, this must be ordered by the courts and is a very bureaucratic and time consuming process so please be extremely careful.

Regarding renting an apartment, if you go through a real estate agency then you've got all the bureaucracy, 30 month contract, rental insurance or guarantor (who must be a Brazilian and a property owner), deposit, proof of income, etc., etc., etc. It may be a little more difficult but finding a rental directly through the property owner is the only way to get a shorter rental period, and maybe even avoid some of the other bureaucracy too. I'd suggest  wandering around in the neighborhoods where you think you'd like to live and look for signs "Aluga-se Apartamento direito com proprietário (or dono)". If you're paying in cash and intend to pay the rent up front that usually swings a lot of weight and things can be negotiated.

Cheers,
James      Expat-blog Experts Team

Thank you James for the reply.  Much appreciated for all the information.  I contacted the hotel and they will give us the proof of residency.  If the hotel room is rented through the owner of the room, the owner will give us the proof.

I contacted Einstein hospital and they told me that the guys from the Cartorio comes on the weekday and we can register the child at the hospital, without going to the Cartorio.  Wooo hoo!  One less thing to do.

Thanks for the detailed document requirements.  I will look into this and make sure the spelling of the names are correct. 

As to the rental agreement, we are still looking.    As you mentioned, going directly through the owner is the best.  If all fails, we will just the rent the hotel for 4-6 months or per month for 4-6 months, and try to get all papers worked out.

Once again thank you for the reply.  Much appreciated.

you can open a bank account at banco do brasil or caixa without proof of income
you need ID card , proof of adress and cpf

The private banks or seem to require proof of income

Banks in Brazil will not open an account unless the applicant has a Cédula de Identidade Estrangeiro and RNE number, or a protocol for it that clearly states "Valido como identidade" and is stamped with the raised seal of the Policia Federal. Banks require proof of address and will only accept a notarized rental contract, or a bill for electricity, water, gas, light, or fixed telephone line in the name of the applicant. You need your CPF and most banks will require proof of income as well.

Cheers,
James     Expat-blog Experts Team

funnily  enough caixa wern't keen on accepting the protocol- the guy said he'd open it but claimed I wouldn't be able to do anything in the bank til I had the CIE....probably bullshit but what can you do - although they were more lax on the proof of adress
While banco brasil had no problem with the protocol but took issue with my proof of adress

most banks seem to accept an adress in spouses name if you produce a marriage certificate

Did the protocol have "Valido como Identidade" printed on the bottom? That's as good as the CIE until it's ready. Just like everything in Brazil, the people who are supposed to know haven't got a clue about the job they do.

Cheers,
James     Expat-blog Experts Team

Interestingly it does not say "Valido como Identidade" now that I'm studying it closely , but it is a genuine Protocol from the fedral Police with the indented paper stamp/seal on it , valid for 6 months....maybe the design has changed slightly since you had one?

That's possible, because under the old 3 step system before Sept. 1, 2014 you had to apply for permanency, wait a year or two to get it. Only then could you register in the RNE and it could take a year or more just to get the CIE back. I guess that they feel that being a couple of months without some official ID isn't such a big deal in comparison. My whole process took 5 years from start to finish, just to give you an example of how it has been streamlined now.

Cheers,
James     Expat-blog Experts Team

When I turned in my protocolol I did get another document as ID until the CIE arrived. I don't remember what it was called. If all the paperwork could be relaxed a bit ,the cost of doing business would be much cheaper.

Ok , the CIE is there , it only took two weeks and I'm going to go collect it soon

So now I assume I will no longer need a protocol
So If I move address the CIE card and everything stay the same and there is no longer any protocol
I imagine they just enter the new address on the new PF system....is that correct?

You have to surrender the protocol to the Federal Police in order to collect your CIE, so don't forget to take it with you.

No, your CIE is the definitive identification, and by law you need to carry it with you at all times. How you could do that on the beach I'll never know, but there are no exceptions.

Just remember that unless you should naturalize as a Brazilian citizen at some future date, you are required by law to inform the Federal Police of any change of address within 30 days of a move.  You'll need to take photos with you just like the protocol for permanency, because they'll make up a protocol for the address change. It is free (surprise surprise). You'll need proof of address like a rental contract, utility bill or the like.

Cheers,
James       Expat-blog Experts Team

Sure thanks I understand all that ....all I'm not clear of is So once I have my CIE and I move
I will then have a  new Protocol and the  CIE  that was issued?

I just find that confusing , so I surrender the Protocol , get the CIE and have no Protocol
but if I move I then need a Protocol again , although I keep my CIE that was issued for 10 years ?


How long do I need the new protocol for from the new address....will it expire in 6 months again

The protocol you'll get is just to prove that you've changed your address with the DPF in compliance with the law. It has nothing to do with your CIE or permanency.

You should keep the change of address protocol in a safe place. It is valid until you change address the next time.

Cheers,
James     Expat-blog Experts Team

Yes that is correct. You only need the protocol till you get your CIE or RNE.

Ok , got it thanks a lot!

Dear James

Below I summarized the immigration process based on a Brazilian child. I would like you to review and clarify it and ask you to attach a timeline to the process so I can see how long every step takes.

1. Registration of birth at the Cartório de Registro Civil e Pessoas Naturais to obtain birth certificate, let's say this is in 01/2016
2. Apply for child's passport at the Federal Police passport office - how long does it take to be issued?
3. After obtaining the birth certificate, both foreign parents can immediately file the 'Application for stay based on Brazilian offspring' which results in VIPER automatically being granted - within what time?
4. Federal Police issues a protocol + RNE when VIPER is granted
5. After VIPER is granted, parents can register for CIE at Federal Police
6. Surrender protocol and collect CIE - how long does it take to be issued?
(After CIE is issued, parents can leave Brazil for up to 2 years at a time)
7. One year after the date VIPER was granted, application for naturalization can be filed at Federal Police - how long does it take to become naturalized and how long after that to be issued a Brazilian passport?
(during naturalization process, parents can leave Brazil for up to 90 days at a time)

As always, many thanks in advance.

Hi sandboxred,

With a few minor exceptions you pretty much have it right. The differences are:

2. I really can't say how long it takes to obtain a passport from the Federal Police - I'm sure that it wouldn't take too terribly long following the application, but only they can tell you.

3.  Provided that all the other necessary documents for "Permanência Definitiva com base em prole brasileiro" are present and in order permanency is granted immediately, you register in the RNE and apply for the CIE all at the same time. (Note: actually you don't get a VIPER Permanent Visa as such, that is only issued through Consulados in other countries - In Brazil you get the CIE and a stamp in your passport to reflect that you are registered as Permanent)

6.  The timeframe for obtaining the CIE is not exact, it differs from DPF delegacy to delegacy. They say 60 days, but in smaller centers they will tell you up to 180 days. In some cases people have gotten them back in a matter of a few weeks to a month.

7.  One year after you have obtained permanency you can apply for naturalization. During that process you must report all absences from Brazil during that waiting period and justify them. I'm sure that any absence greater than 90 days during that time may put back the application date, you should check with the Federal Police on how they would deal with such absences before you just assume that you could leave for longer periods. You must meet ALL of the other requirements for naturalization which includes passing a test of fluency in the Portuguese language.Once you apply for naturalization it generally takes about a year for the process to run its course. Only following being granted citizenship would you be able to apply for a Brazilian passport.

Cheers,
James     Expat-blog Experts Team

Permanência Definitiva com base em prole brasileiro requires proof of residency either as rental contract, utility bill or declaração de residência. I understand the last one has to be notarised, what about the first two?

No, just the declaração needs to be notarized. The other two require certifed copies to be submitted, so you're not escaping from the Cartório by any means.

Cheers,
James

How/where do I get the other two certified?

At any Cartório

Hi James, do you have a standard Brazilian rental contract?

Hi sandboxred,

You can pick up a fill-in-the-blanks (standard) rental contract "Contrato de Locação" at almost any stationery store (papelaria).

You can find several models of the contract online, just Google "contrato de locação de imóvel".

Cheers,
James  Expat-blog Experts Team

In the contract there is a sponsor mentioned: '10.    Para garantir esta transação assina o presente (nome do fiador), portador do CPF: nº xxxxx e do RG nº xxxx….' Who can take that position?

The "fiador" must be a Brazilian citizen, or permanent resident who owns property. They act as a guarantor for the rent should you be unable to pay. Not likely you'll find one. In most cases expats will require someone who will rent without a fiador, or they need to purchase rental insurance which eliminates the need for a fiador.

Cheers,
James    Expat-blog Experts Team

I'm renting directly from the landlord so in this case this 'fiador' is not necessary? Once the landlord has signed the contract I take it to the cartório to have a certified copy made there which I then submit in the Permanência process?

The fiador is only necessary if the landlord wants one. Otherwise you can stroke it out. Yes get it notarized (at least one of the signatures) so for that at least one of you will have to have the signature on file at the Cartório or go through the process of "Abertura da firma" before you can do a "Reconhecimento da Firma" to notarize the document and then have a certified copy made of it too.

Cheers,
James    Expat-blog Experts Team

Either the landlord's or the tenant's signature has to be notarised at the cartório but not both?

Process at the cartório:
1. Abertura da firma (opening of a signature on file)
2. Reconhecimento da firma - what exactly is this?
3. Certification of the signature on the copy of the rental agreement

The cartório basically is a public notary or is it a state run office?

If your intention is for it to be a binding contract then both signatures should be notarized. If it's only your intention to produce the document for purposes of proof of residency then only one will be needed.

"Reconhecimento da Firma" is the actual notarization of the signature on a document. Just be aware there are two different types,

1) Reconhecimento da Firma por Semelhança (for likeness), it is the cheaper of the two and is used for most documents. The clerk will simply compare it to the signature on file and states that it appears to be the signature.

2) Reconhecimento da Firma por Autenticidade (for authenticity) more expensive and requires the signers to actually attend the Cartório, present ID and sign the Register Book.

The second is used for things like Declarations sworn under penalty of law, such as one would provide to the Federal Police when applying for permanency. It will not, however be necessary in this case, since you're only needing it as proof of address, not making a sworn declaration of any kind.

The Cartório is a public Registry, they actually are usually owned privately and the "Registrar" is a judge. Old colonial system still alive and well in Brazil.

Is there any legal reason that could make a landlord not want to issue a short term contract (3 months)?

By law rental contracts are supposed to be of 30 months in duration. Some landlords will still enter into private contracts of 12 months in duration, but I've never heard of anyone with a contract shorter than that, and it is very likely that the Cartório wouldn't even do a Reconhecimento da Firma on such a contract either.

Your other option would be to have your landlord sign a Declaração Sob Pena da Lei, de Residência and give that to the Federal Police. It would require the more expensive Reconhecimento da Firma por Autenticidade however.

You can find a fill in the blanks model Declaração here:

https://www.google.com.br/url?sa=t& … gLoscAzS0w

Cheers,
James    Expat-blog Experts Team

'6.  The timeframe for obtaining the CIE is not exact, it differs from DPF delegacy to delegacy. They say 60 days, but in smaller centers they will tell you up to 180 days. In some cases people have gotten them back in a matter of a few weeks to a month.'

Does anybody know in which place the CIE is processed faster, Florianopolis or São Paulo?

It's impossible to answer your question regarding the speed of issuing the CIE. Also you're required to apply for permanency in the city where you RESIDE, or the Superintendência Regional da Policia Federal that serves that city if they haven't got their own.

Cheers,
James    Expat-blog Experts Team

I would guess Florianopolis as it's a smaller but still well run city....Less volume than São Paulo maybe?
Although I have a feeling that Sao Paulo state might take priority in Brasilia when the CIE's are processed and sent out, due to that same volume.
Campinas in São Paulo state is fast , mine took like 3 weeks

About my place of residence, it will only be temporary for the moment as I have to travel abroad for work. What are my obligations towards immigration as to reporting giving up temporary address or change in address? Once I receive the CIE is it ok to give up my temporary address, leave Brazil, and then return to the same or other address?

I'm sorry sandboxred, but the more you ask questions the more it becomes obvious that you have absolutely no intention of taking up permanent residence in Brazil. You're trying to obtain permanent resident status in any way possible. I'm sorry but I'm not going to be a part of it any further. Go with what you've got in the way of information and good luck to you.

If you are lucky enought get permanency remember you're required to keep the Federal Police informed of your address at ALL TIMES and must report within 30 days of any move. Also you will lose permanency if you're outside of Brazil for more than 2 years.

Cheers,
James    Expat-blog Experts Team

Sorry you feel that way, James, but this is not my intention. Like you, I have another passport which ranks much higher on the index you referred to in one of your posts. It just happens that my child will be born when I'm in Brazil and I'm interested in the country because I believe it becomes an economic success story, despite the current economic slowdown I think it is a good time to invest in Brazil and eventually move there. As regards to my last question, I am renting a temporary place. Do you expect me to keep paying rent while I'm not in the country? That is why I don't want to keep a continuing rental agreement. Regarding my question before that, unfortunately my landlord in Floripa wants to end our rental agreement early because she can sell her house soon. That is why I was inquiring about SP. No, James, I do not have any untoward motives and you can surely see that now, too. I really appreciate your sharing of knowledge, you seem to know it all. Anyway, let me know if you still have bad feelings. I hope not. Should I ever meet you Brazil then the beer tab will be surely on me for your valuable support to this site.

If you actually intend to take up permanent residence then fine, I have no problems (moral or otherwise) when an individual applies for permanency based on a child and they will be living in this country permanently. In your case I see it as simply a strategy to hedge your bet on the economy and nothing else.

Essentially you're taking advantages of a weakness in the law, doing something that while legal, is very morally questionable, absent any intention to actually live in Brazil permanently. Have you stopped to think that if more people began doing what you are planning on doing, just how quickly the Brazilian government would change the law, close the loophole and how that would hurt very many people? I think not.

Also with a Brazilian born child, there's no time limit on you applying for permanency in Brazil. You could do that at any time in the future, why the urgency to do it now, if you have not ulterior motives? You are always entitled to permanency as long as your child is a minor and under your care and custody. So if you were actually going to come to live in Brazil you would have no problems.

So yes, in its strictest terms what you plan on doing is legal, that doesn't necessarily make it moral or somehow right. And it certainly doesn't mean that I have to agree with it or assist in any way either.

Cheers,
James     Expat-blog Experts Team