Divorce/Permanent Residency

In my opinion you need to meet with a bilingual immigration attorney immediately, and take advice.

It sounds as though you only have permament residency on the basis of the marriage, and once that ceases to exist, then so will your reason for residency. If the marriage had lasted until the next card was issued, or if you became a Brazilian citizen then I believe you would have been OK.

That said, unless your husnand is very vindictive, you should be fine to go to the US now and re-enter Brazil afterwards. At the moment the marriage exists even if you are separated, but if he calls the PF, then he could do the dirty on you...

So be nice to him, and do not tell him of your travel plans!

@Peter Itamaraca Thank you so much for your advice. How would I go about finding an immigration attorney here? I will try to find one today. I don't think he would do something malicious but I understand separation/divorce can change someone's behavior.

For ease find one that is close to where you live, and best if they have lots of experience in these matters! Others on here may be able to help you, but you need to tell us where you are...

@Peter Itamaraca Ah, right. I'm located in Brasilia

@Layla34 I am on the tropical island of Itamaracá, an hour north of Recife - so no point in me giving my local recommendations...! Good luck.

@Peter Itamaraca Thank you for your help!

08/08/23 @Layla34.  I'm sorry that things aren't working out for you.  In general, I agree with @Peter Itamaraca.  You should find an attorney to help you with both your divorce and your status.  Attorneys who specialize in immigration are rare in Brazil because it's not viewed as a remunerative speciality, although you may have more luck finding one in Brasília than in most cities,  and finding an English-speaking attorney as well if necessary.  A good general or family law attorney should be able to learn enough to help you with the immigration questions while helping you to navigate the divorce. 

The best way to find an attorney is through referrals from trusted Brazilian friends.  If that's not feasible, you can search on jusbrasil.com.br, contact local attorneys who meet your requirements, and start interviewing them. 

As @Peter Itamaraca warns, you should do you best to keep things as amicable as possible with your husband.  Technically the grounds for your presence in Brazil will expire when your divorce becomes final, but the Federal Police has no incentive to bother you before 2029, so there should be no practical problem with your planned trip this year or your continued residence -- unless your divorce is final AND someone files a formal complaint.  At that point, you still wouldn't be asked to leave Brazil, but there would be an investigation where you would have the opportunity to present your side of the story.  Still, it's best to avoid that if possible.

When you go to renew your CRNM in 2029, there may be a question at that time about your status, and I'm not sure how it would be resolved.  If in the interim you became a Brazilian citizen, which does not require you to renounce your current citizenship,  that would change your status permanently. 

@abthree Thank you so much for your detailed response. It's very helpful. I've gotten in touch with a lawyer through a suggestion on this site. Hopefully, she will be able to help me get things settled. She mentioned that there is another type of residency to apply for. Also, I will look into becoming naturalized. Thanks again!

@Layla34 Hello ! Layla !! A divorce can have many grounds , yes your residency is based on marriage but it wont get cancelled unless your husband goes to PF & then also you will a chance to respond  where you can present your side of the story ,So you know already where you stand on this and how friendly are your divorce terms. Don't add any lawyer as of now but analyze yourself first.

08/11/23 !@infinityvisas. This is an English-only forum. To post in Portuguese, please use this forum, as you have already:

https://www.expat.com/forum/viewforum.php?id=8152

Helpful advice is welcome, but solicitations of business should be advertised in the Services section, here:

https://www.expat.com/en/services/south-america/brazil/

For more information, please review the Forum Code of Conduct:

https://www.expat.com/forum/viewtopic.php?id=164702

As someone who has a VIPER thru marriage, I am not aware of any written Brasilian law that says you are no longer a permanent resident in the case of a divorce, etc.

Can someone provide a supporting link on this ?

09/08/23   As someone who has a VIPER thru marriage, I am not aware of any written Brasilian law that says you are no longer a permanent resident in the case of a divorce, etc.Can someone provide a supporting link on this ?     -@Gasparzinho 777

VIPER operated under its own rules, and conferred a truly permanent right of residency.  As I've stated elsewhere, VIPERs are no longer being issued, but those that were in effect when the current Law of Migration went into effect (late November 2017) are still being honored.  The replacement VITEM XI (and the equivalent Authorization of Residency given by the Polícia Federal) is temporary by definition, and subject to periodic re-examination.  As you can see in the renewal checklist in the second box down (below), for the renewal to be granted both partners have to swear, under penalty of perjury, that the relationship is still intact:

https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Further clarification of the requirement is provided in the "Observações" at the bottom of the document.

Now, once the holder passes 60 years old and the CRNM no longer needs to be renewed, this requirement pretty much becomes a dead letter, unless the Brazilian ex is so bitter that s/he files a formal accusation that residency was obtained under false pretenses, AND has enough evidence to convince the PF to open an investigation -- a pretty tall order.

@abthree/Layla34.. As per the  Interministerial Ordinance No. 12, of June 14, 2018, *Regardless of the validity contained in the National Migration Registration Card – CRNM, the Residence Permit for Family Reunion is conditioned to the maintenance of the family bond that founded it* and *A current birth or marriage certificate should be requested if there is any dispute about civil registration*.

As a result, once the separation has been completed or is in place, PF already has the data necessary for its assessment. Various expulsion and residence cancellation cases involving marriage and stable unions may be found on Jusbrasil/DOU.

According to my personal experience, PF is more active and interested in immigrants than they are in their main task of preventing crime in Brazil. In accordance with Decree No. 9,199 of November 20, 2017, PF is also required to conduct recurring visits and investigations if there are any doubts about the Residence Permit.

I would advise the OP to submit an application for ordinary naturalization based on her four years of residence, which has nothing to do with her marriage and is straightforward. By organizing these documents, she can complete this herself and for no cost online.

https://www.gov.br/mj/pt-br/assuntos/se … -ordinaria

Naturalization processes takes time, allowing OP to travel to the US and return without any challenges at all.

Please don't hesitate to get in touch if you need additional information or assistance.

Cool thanks guys !!!

I'm grandfathered in I guess, as my VIPER is from 05/17.......no matter though. As we are moving back next year and the first thing I am doing is my citizenship application.

09/08/23    Cool thanks guys !!!I'm grandfathered I guess as my VIPER is from 05/17.......no matter though as we are moving back next year and the first thing I am doing is my citizenship application.        -@Gasparzinho 777

As the spouse of a Brazilian, you can apply for naturalization (Naturalização Ordinária) after  one year of continuous residence, as opposed to the usual four.  Both @Nomad Mundo and I have done that successfully, and have posted on our experiences here.

During your continuous residence year, it would be a very good idea to knock out the Portuguese Language requirement for naturalization before you apply, because that is the long pole in the tent for most applicants.  If your Portuguese is already strong enough, you can do that by taking and passing the CelpeBras exam; that credential doesn't expire.  You can also find a Portuguese course that the PF will accept as satisfying the requirement.  That approach has its difficulties, but @Nomad Mundo succeeded with it.

*ETA*  Since you're Canadian, you may want to check on the tax impact that naturalization may have on you before you commit.  It was my impression from some of the things that the late James Woodward wrote that you have benefits under the Tax Treaty between Canada and Brazil that Americans don't have (no tax treaty), and that you could lose if you become a Brazilian citizen.  James died in 2016, so the situation may be different now.

If I am retired, my understanding is that this test is not required, unless I intended to work. Regardless however, I am fluent in reading, writing and speech. So, no worries.

The yax treaty I am aware of and it is of benefit to me, as we will have income in both gountries

09/08/23    If I am retired, my understanding is that this test is not required, unless I intended to work. Regardless however, I am fluent in reading, writing and speech. So, no worries.
 

    -@Gasparzinho 777

It's only waived for citizens of Portuguese-speaking countries, and residents who have been in Brazil for 15 years or more.  I was retired and had a document from the US Government confirming fluency, but neither got me excused. 

The test is comprehensive with a strong orientation toward writing well, but shouldn't be difficult to pass if you speak, understand, read, and write at a high level.  It does require advance registration, and is only offered twice a year (less during the pandemic).  It lasts most of one day and part of a second if you do the written test and the oral test on different days; one long day if you do them on the same day.  If at some point you'd like to see what it's like, there's a library of prior year tests here:

https://www.ufrgs.br/acervocelpebras/acervo/

@Nomad Mundo.... Please visit on the comments section of the link to review the source of the quotes.. Comments No: 04,08 and 09.

https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Abthree

Thanks for the link of previous exams......will take a look on the weekend.

Doubt I'll have any significant issues, so, I'd prefer to do it all on one day, if this is still an optione at the time.

Although I had taken a Portuguese course for foreigners and the other 2 applicants had Celpebras when I went to submit my documents for citizenship. The only question the PF agent asked to applicants was whether these certificates were via online/EAD. They aren't even aware that obtaining CelpeBras online/EAD is unattainable. Applicant having a Celpebras certification were not given any special considerations by PF agent.

I would still excuse myself to advice what the PF actually wants even if my citizenship application was approved, only they know this delusion.

I learned long ago that what is written, what is said, and what is done in Brasil are often 3 different things, totally dependant on ever changing variables and circumstances.

Part of the charm of the country IMHO.

09/10/23    I learned long ago that what is written, what is said, and what is done in Brasil are often 3 different things, totally dependant on ever changing variables and circumstances.
Part of the charm of the country IMHO.
   

    -@Gasparzinho 777

Very true.  And every Polícia Federal office, every DETRAN, every bank, and almost every other agency, except maybe the Correios, is a little different as well.  Brazil is a lifelong master class in flexibility and patience.  The person who already arrives with some is ahead of the game.  👍🏻

@Layla34 I'm in this exact position now. What happened?

@abthree My wife loses her temper about how things are done in Brazil way more than l do. Yet l am the ”estrangeiro”. 😂😂😂😂😂