Proof of residency for permanent residency visa

A long time ago I mentioned about looking into obtaining a permanent visa based on investment - back then you said 'even that is bureaucratic' - but when I knew my planned visit would coincide with the birth of my child and I found out about permanency based on having a Brazilian child, I opted for this one. You said 'I personally don't blame him for looking for the easiest and most certain option… is very much simpler. I can tell you from personal experience because when after my application for permanency went nowhere... cancelled that process and re-applied based on my Brazilian child that was born following the original application.'

I don't see what is morally wrong with anything I'm doing. In the end, I have every intention of contributing in a good way to the country and people of Brazil. A final move to another country is a complex exercise and meanwhile I have to spend time outside Brazil for work and otherwise. How can you just cut all ties and move immediately? Let me explore Brazil, get my residence status in order, do market research, start work or a business and then move for good. Does that makes sense to you? You may have a different opinion about all that, and no, you don't have to agree or assist.

How can you cut all ties and move immediately??? Well, that's exactly what 99.999% of us have done and we're no worse off for having done so.

The bottom line is either you want to live in Brazil or you don't want to live in Brazil. Permanency and citizenship in this country are more than just some kind of economic strategy game. When I said that I didn't blame you for seeking an easier option to the VIPER for Investment, that was because at the time I believed you truly wanted to live in this country. I no longer believe that, everything you've said since has convinced me that I was wrong in that belief.

Do you really intend to ever live in Brazil or is your motivation simply financial gain? If it is then any country would do.

Sorry, I'm not inclined to change my opinion of your particular situation... If you truly want to live in Brazil then you accept all the bureaucracy that we've all gone through, and believe me it's very much easier now than before Sept. 1, 2014. It took me eleven years to finally get permanency, so don't complain, please... it will fall on deaf ears with me.

Cheers,
James      Expat-blog Experts Team

This proof of residence is not listed as a requirement for the pedido de permanência com base em prole brasileira. It is nowhere indicated on the government website but a lot has been written about it here. What is correct?

You may or may not be asked to provide it, so you should be prepared to do so. It is not specifically mentioned, but the list also states, "any other documents that shall be requested."

Even if you have not got a bill (water, gas, electricity or landline telephone) in your name you can get around that by producing one in the name of another person, pref. a family member, who lives there attached to a "Declaração de Residência" signed by you and notarized in the Cartório.

Cheers,
James    Expats-blog Experts Team

The "Declaração de Residência" has to be signed by me (and accompanied by a utility bill in the name of the owner of the apartment)? I thought the owner/landlord has to sign the proof of residence?

If the landlord or owner's name is what appears on the utility bill then yes, you're right. Is your name on any rental contract? That is sufficient proof of residency.

I don't have a traditional rental contract with my name as I booked online, long-term via airbnb. This means the "Declaração de Residência" saying that I live at the specified address, has to be signed by the landlord and he also has to attend the Cartório for the "Reconhecimento da Firma por Autenticidade"?

Yes that is correct

I found a number of different versions of the Declaração de Residência. Has anybody a sample text that is accepted by FP?

DECLARAÇÃO DE RESIDÊNCIA

Eu, FULL NAME UPPER CASE BOLD portador(a) do passaporte nº DOCUMENT NO. expedido em date dd/mm/yyyy pelo GOVT AGENCY inscrito(a) no CPF/MF  sob o nº number, DECLARO para os devidos fins de comprovação de residência, sob as penas da Lei (art. 2º da Lei 7.115/83), que sou residente e domiciliado na Address and complement BAIRRO District CEP postal code na cidade de City Estado State  conforme cópia de comprovante anexo.

Declaro ainda, estar ciente de que declaração falsa pode implicar na sanção penal prevista no art. 299 do Código Penal, in verbis:

Art. 299  Omitir, em documento público ou particular, declaração que nele deveria constar, ou nele inserir ou fazer inserir declaração falsa ou diversa da que devia ser escrita, com o fim de prejudicar direito, criar obrigação ou alterar a verdade sobre o fato juridicamente relevante.
Pena: reclusão de 1 (um) a 5 (cinco) anos e multa, se o documento é público e reclusão de 1 (um) a 3 (três) anos, se o documento é particular.

City  UF , ____ de ____________ de ______.


____________________________________
FULL NAME UPPER CASE

Favor anexar cópia de algum comprovante do endereço declarado
(correspondência bancária, de cartão de crédito, lojas, etc),
preferencialmente em nome do declarante ou genitores.

Thank you! I see that I am the one making the declaration. I thought that it should be the home owner? Because I don't have a regular rental contract.

Your landlord can make a declaration or you can use the one above yourself. You only need to attach a certified copy of an electric, water, or gas bill that is in the name of the owner.

If the Federal Police balk at accepting this one, then you can always get your landlord to do one and submit it, but this one should satisfy them. after all it will be notarized and is essentially given under oath.

Cheers,
James
expat.com Experts Team

My situation is that I'm staying at the current residence until end of January but I will file the application within the next 1 - 2 weeks. My landlord is only willing to make a declaration if it is amended and says that I only stay until end of January. Is it legally ok to alter the standard declaration in such way and would it be accepted by FP? If so, then I would have to notify FP of my move later, would that be administratively cumbersome? Or should I ask the new landlord to make a declaration already even though I don't stay yet at the new place? This way I wouldn't have to change it later. What's the best solution?

If you state only a short-term address the Federal Police certainly won't accept it. If you haven't already moved then you and your new landlord would be committing the crime of perjury if you tried a Declaração Sob Pena da Lei before you actually moved in. The penalty you'd be liable to is stated in the text of the document in Portuguese I provided.

You are getting yourself into a very complicated situation and if you're going to be moving anyway then I'd strongly recommend that you delay your application until after you have already moved. Then the new landlord can make the Declaração.

Cheers,
James
expat.com Experts Team

I will have my new landlord make the declaration then. Do me and my wife (who is not Brazilian) need to submit a separate one? Can you provide the for the FP correct sample text, if it is signed by the landlord?