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If you separate from your Brazilian spouse

Last activity 18 December 2024 by Houston_Rio

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NewBrazil

I have a permanent residency here in Brazil. I was given this when I was under the common couple section in the marriages agreement. We never got married. We are thinking of separation. Will I still be able to keep my permanent residence???? There is no

renewal requirement on my card.

roddiesho

@NewBrazil Good Luck!


My greatest fear is not separation, but what would happen if she passes before me.


Roddie in Retirement1f575.svg

abthree

06/24/23 I have a permanent residency here in Brazil. I was given this when I was under the common couple section in the marriages agreement. We never got married. We are thinking of separation. Will I still be able to keep my permanent residence???? There is no
renewal requirement on my card.
-@NewBrazil


If you part on friendly terms, you shouldn't have anything to worry about. If you part on unfriendly terms, there's a possibility that she could try to make trouble for you with the Federal Police, but even if that happened you'd be given the chance to respond.


If you're over 60, you don't have to renew your CRNM (https://www.in.gov.br/web/dou/-/portari … -241103464)

rraypo

-@abthree
If you're over 60, you don't have to renew your CRNM (https://www.in.gov.br/web/dou/-/portari … -241103464)

If you have Cédula de Identidade de Estrangeiro (CIE/"RNE") issued under the pre-2017 law, you have to exchange it for a CRNM nine years after its original issue date.
-@abthree

Excellent link! I always forget that one

NewBrazil

I have a permanent residency here in Brazil. I was given this when I was under the Stable Union in the marriages agreement. We never got married. We are thinking of separation. Will I still be able to keep my permanent residence???? There is no
renewal requirement on my card.
-@NewBrazil

abthree

06/24/23 @NewBrazil.  Was there another question? ⬆️

Peter Itamaraca

If you have Cédula de Identidade de Estrangeiro (CIE/"RNE") issued under the pre-2017 law, you have to exchange it for a CRNM nine years after its original issue date, whether it says "Indeterminada" or not. Just a card replacement, not a status renewal.
-

@abthree - Many thanks for this info - I was not aware of this.


My RNE is from 2007, and I last travelled out of Brazil about 1 year ago and it was accepted without any problem or comment. I understand the new CRNM lasts for 9 years if the holder does not have residency, but I have not seen where it says that I must change my RNE within 9 years of issue. Interesting, because 9 years from 2007 is before the new law was made!

abthree

06/25/23  If you have Cédula de Identidade de Estrangeiro (CIE/"RNE") issued under the pre-2017 law, you have to exchange it for a CRNM nine years after its original issue date, whether it says "Indeterminada" or not. Just a card replacement, not a status renewal.
-
@abthree - Many thanks for this info - I was not aware of this.

My RNE is from 2007, and I last travelled out of Brazil about 1 year ago and it was accepted without any problem or comment. I understand the new CRNM lasts for 9 years if the holder does not have residency, but I have not seen where it says that I must change my RNE within 9 years of issue. Interesting, because 9 years from 2007 is before the new law was made!
-@Peter Itamaraca


I think that you're still ok with your 2007 card.  That replacement rule appears to have been in force briefly, but to have been revoked.


The rule appeared here, in Portaria No 8.728 of August 21, 2018, as a "Parágrafo Único" at the very end:


https://www.in.gov.br/materia/-/asset_p … 8-39937733


A very strange place to publish such a significant rule, and it was easy to overlook.


However, this Portaria was revoked in its entirety by Portaria N. 11,264 of January 4, 2020 (referenced above) and the language referring to the CIE/RNE was not repeated.


I've corrected my post above.  Sorry for any confusion.

Kweens

@NewBrazil

What are the legal constraint and responsibilities of common law agreements?

Where do we need to go to get these documents?

abthree

06/25/23 @NewBrazil
What are the legal constraint and responsibilities of common law agreements?
Where do we need to go to get these documents?
-@Kweens

Welcome, Kweens.  Here is the best summary I know describing "união estável", the Brazilian equivalent of a common law or domestic partnership arrangement.  Run it through Google Translate or another translator if you don't read Portuguese:


https://www.casamentocivil.com.br/uniao-estavel

Houston_Rio

@rraypo

That is a portaria or department directive not a law. I don't believe it applies in every case.  I believe that it came from a 2017 law that was rescinded. At the time it was originally written I don't believe there was a retirement Visas or aposentado specific legislation in effect. That clause would pretty much make the initial CRNM for aposentados permanent or indeterminado from the beginning for those 60 and over. Which is not the case in every situation. Myself being in possession of a CRNM over 60 and retired, absolutely had to renew my expired CRNM which was issued upon receiving my retirement VISA from the consulate. No one shoe fits all. My examiner told me that I was not titled to "Indeterminado" prazo unless I could prove (with a numero do processo) that I already had two years of residency. The law (that applies to aposentados in my case) specifically states that the initial CRNM is valid for two years. Which is what is printed on my CRNM.

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