União Estável and Permanet VISA

Hello,


I'm a foreigner living in Brazil with temporary VISA now.

I want to get permanent VISA by utilizing Uniao Estavel with my Brazilian Girlfriend.


Does anyone has this experience?


I want to know how to proceed and what documents are necessary to get Uniao Estavel and after that get permanent VISA.

It's actually an entire process to this. I recommend getting a Brazilian Lawyer. I can recommend you one if you need one

From what i know, you and your partner both need at least valid IDs and proof that you're single (or divorced, either of you can't be married to someone else), and maybe your birth certificate, just to record your união at the cartorio.

Once that is done, you'll need to apply for a family reunion visa, using the website of the federal police. There you'll also find the required documents (you'll probably need a criminal background check too, and maybe sworn translations of all these docs).


10/21/22 I want to know how to proceed and what documents are necessary to get Uniao Estavel and after that get permanent VISA.        -@koirj

Good morning.  The Brazilian Civil Code does not set a minimum period of living together to recognized a União Estável, but the rule of thumb that many, if not most, Polícia Federal offices seem to use is either at least one year for an informal União, or a legal declaration of the União Estável from a cartório.   Both partners must be single to declare a União Estável in a cartório.  The documents that will be required to declare a União Estável in a cartório are  the same as for a marriage, and include,


Foreign Partner:

  • Valid passport and unexpired visa,
  • Original Birth Certificate, with apostille/legalization and Sworn Translation,
  • Proof of start (Marriage Certificate) and end (Divorce Decree or Death Certificate) if the person has previously been married.


Brazilian Partner:

  • Identity Card
  • Birth Certificate
  • Proof of start (Marriage Certificate) and end (Divorce Decree or Death Certificate) if the person has previously been married.


You and your girlfriend can find complete details (in Portuguese) in the "União Estável" area of this website:  https://www.casamentocivil.com.br/


For the documents required to apply for Authorization for Residency on the basis of your União Estável, see the list I posted in Post #9 of this thread; the documents are the same:


https://www.expat.com/forum/viewtopic.p … 78#5777928


If you have recently renewed your Digital Nomad visa, you may be able to re-use some of the same documents.


In part of the process at the cartório, you will have to agree on a property distribution.  I described this in Post #4 of the same thread.  Here's the description (same for marriage or União Estável):


When you request your marriage license, you will have to agree to a property distribution, a "regime de bens".  By far the most common is "Comunhão parcial de bens", under which assets acquired by each partner prior to the marriage remain that partner's private property, and assets acquired by the couple after the marriage are joint property.  "Comunhão universal de bens" is also allowed, under which the partners can agree to make everything they own whenever it was acquired joint property.  Under "Separação total de bens" all property, both before and after marriage, remains individual property.  Selecting this property distribution requires the couple to file a pre-nuptial agreement in a cartório de notas that registers contracts before requesting the marriage license.

Thanks.


I will try to ask cartorio first near my house.


The permanent VISA utilizing marriage or uniao estavel is "Family Reunion - VITEM XI" right?


If VISA is the same for both case, we can consider to take marriage instead of uniao estavel.

We just want to procced with easier and faster one.

I think the biggest challenge is Criminal Record because I have lived 3 counties in past 5 years including Brazil.

10/21/23    Thanks.
I will try to ask cartorio first near my house.

The permanent VISA utilizing marriage or uniao estavel is "Family Reunion - VITEM XI" right?

If VISA is the same for both case, we can consider to take marriage instead of uniao estavel.
We just want to procced with easier and faster one.
I think the biggest challenge is Criminal Record because I have lived 3 counties in past 5 years including Brazil.
   

    -@koirj


That's correct.  If you're already in Brazil, though, you won't be getting a VITEM XI:  visas are only available from the Foreign Ministry at Embassies and Consulates outside Brazil.  You'll be applying to the Ministry of Justice through the Federal Police for Authorization of Residence Based on Family Unification if in Brazil.


The documentation requirements are basically the same for União Estável or marriage.


You can obtain your Brazilian Criminal Background Records for the Federal Government and most states (with the notable exception of Rio de Janeiro, it seems) online.  For the other countries, yes, that will be complicated.  Best of luck.

I'm with DNV now so I think I just need to get permanent CRNM after doing uniao estavel in cartorio.


Like below link.

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


It seems that there are 3 types of Autorização de Residência por Reunião Familiar.

Do you know which one is applied to me?


10/21/23 It seems that there are 3 types of Autorização de Residência por Reunião Familiar.
Do you know which one is applied to me?
   

    -@koirj


The first checklist.  The second is for renewing the Authorization as it approaches its expiration date, the third is for making a change to an Authorization already in place.

Where are you located in Brasil? i went through the process with União Estável in RJ and finally secured my CRNM about two years ago. It was an absolute nightmare. If traditional marriage  is an option i would highly encourage you to consider going that route.

@abthree

Thank you for replying.


I'm not sure about this process.

Uniao Estavel➡VITEMXI➡CRNM permanente?


Or

Uniao Estavel➡CRNM permanente?


According to first check list in https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

It seems that, VITEMXI is not necessary.

@Bpm917



I'm in RJ now...


Could you tell me your experience?

Why it was hard? Maybe your cartorio was not good?


  10/22/23  @abthree
Thank you for replying.
I'm not sure about this process.
Uniao Estavel➡VITEMXI➡CRNM permanente?


I should have been clearer.  This is the preferable option, if available.  It's easier to obtain the necessary documents, the documents don't require apostilles or Sworn Translations, and for most applicants, it takes place in their own language at a Brazilian Consulate in their own country.  For someone with a visa, the process at the Federal Police is much simpler.   BUT IT'S ONLY AVAILABLE OUTSIDE BRAZIL.

Or
Uniao Estavel➡CRNM permanente?


This is the most practical option for someone already in Brazil, and the only practical option for a União Estável case that originates in Brazil.  This should be your focus.  Worst case, you may need to make a quick trip to your home country to gather the required documents, however.

According to first check list in https://www.gov.br/pf/pt-br/assuntos/im … o-familiar
It seems that, VITEMXI is not necessary.
   

That is correct in this case.

    -@koirj

@abthree


Okay then in my case,

Uniao Estavel ➡ CRNM permanent


And to get the CRNM, I need to work on first checklist

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


I'm just wondering the process is the same as who doesn't have CRNM too?

I already have CRNM temporary so I was thinking it was more easier for me to get CRNM permanent.

Those who come to Brazil with Tourist VISA to get uniao estavel also work on this first checklist right?

10/22/23 I'm just wondering the process is the same as who doesn't have CRNM too?I already have CRNM temporary so I was thinking it was more easier for me to get CRNM permanent.Those who come to Brazil with Tourist VISA to get uniao estavel also work on this first checklist right?        -@koirj


That is a good question to ask the Polícia Federal.  In your place, I would visit them and ask before I started gathering new documents.



How much further verification to do in your case,  or whether to do any, is at their discretion.  In principle, Digital Nomad and Family Unification are different bases for residency and carry different rights, so they may treat your application as entirely new.  And they do tend to be more suspicious of requests based on União Estável than of requests based on marriage.  On the other hand, they HAVE already vetted you at least once, and they may be willing to save themselves some work.


The way in which I'd probably put the question to them would be along the lines of, "You approved my Digital Nomad status on (date).  I'm applying to change my status to Family Unification (Reunião Familiar); which of the documents that I submitted for Digital Nomad can I use again?"



Your girlfriend should go with you.  From now on, she should be at every meeting you have with the Polícia Federal:  it will help.

10/22/23 @koirj.  Please note that the Checklist applies to EVERY possible Family Unification case.  When several different documents can fulfill the same purpose, the list calls them all out, but you may need just one.  If a document on the list clearly does not apply to a request based on União Estável, then you don't have to provide that document. 


If you're uncertain about the need for a particular document, feel free to post the question.

@abthree


Sorry what do you mean?


I will try to ask PF directly anyway as you said because the required documents should depend on the state and PF.


PF is  a bit far away from my home so I intend to send email and call them.


  10/22/24  @abthree
Sorry what do you mean?

I will try to ask PF directly anyway as you said because the required documents should depend on the state and PF.

PF is  a bit far away from my home so I intend to send email and call them.
   

    -@koirj


Sorry to be confusing.  I only meant to say that not every document on the list applies in your case, so feel free to ask about any doubts.


As for emailing the PF, you can do that, especially if you live somewhere in the interior and the PF office is miles away in the capital.  But if you're in one neighborhood and the office is in another, I'd jump into an Uber.  It's a lot harder for an officer to say "no" to your face when you're standing in front of him friendly and polite, with your documents in hand and your Brazilian girlfriend by your side, than it is by email.


Sometimes in Brazil, you can win the game just by showing up.

@abthree


No sorry, I apprecite for you to answer.


I agree with you.


I think I need to go to PF when I renew my DNV so at that time, I will ask them about this topic too.

@koirj


It had nothing to do with the Cartorio. Although that part of the process was annoying enough we ended up flying to Sao Paulo getting the actual document at a cartorio there. The PF at Santos Dumont was the real issue. i had all my reqired documents in order and they turned me away no less than ten times stating we needed some ambiguous ”other document” to fulfill the proof of relationship. By some miracle i finally got it sorted by getting a health insurance plan with Sul America where i was the head and had my wife and her son as dependents. This is usually not possible for someone who is not already a resident but my wife met an amazing broker that helped us out.


This is a condensed version but the whole experience was a nightmare. i hope you have better luck.

@Bpm917


Okay I understand the situation.

I think it's impossible to get the document to prove the relationship if you are not living in Brazil.

Like Shared bank accounts, rental agreement with partner.

I noticed it.


Fortunately, I already have CRNM and live in Brazil now so in my case, it would not be impossible about it.

Hello,


I have another question about this topic.


To do União Estável, it should be done in "cartorio oficio de notas" or "cartorio civil"?

I don't understand what the difference is.


I'm seeing in the below page.

comprovação de união estável emitida por juízo competente no Brasil ou autoridade correspondente no exterior. 

https://www.gov.br/pf/pt-br/assuntos/im … vinculo-de


11/10/23 I have another question about this topic.

To do União Estável, it should be done in "cartorio oficio de notas" or "cartorio civil"?
I don't understand what the difference is.

I'm seeing in the below page.
comprovação de união estável emitida por juízo competente no Brasil ou autoridade correspondente no exterior. 

       -@koirj


A Declaration of união estável is prepared and recorded at the Tabelionato (Cartório) de Notas; if you don't know where the closest one is, they can tell you at the cartório do registro civil.


The reference to "autoridade correspondente no exterior" and the link in your question refer to case where the Brazilian citizen and the foreigner have made a declaration in the foreign partner's country equivalent to a união estável in Brazil, and that they want to register in Brazil to have legal effect here.  Unless you and your partner have a foreign legal Domestic Partnership or Civil Partership registered abroad, it doesn't apply  to you.

@abthree


comprovação de união estável emitida por juízo competente no Brasil ou autoridade correspondente no exterior.


I think I need to prepare "comprovação de união estável emitida por juízo competente no Brasil".

Isn't it?


And I also think this can be prepared in Cartorio. But I'm not sure in which Cartorio. Oficial de nota or Civil.


    @abthree (cartórios)  I think I need to prepare "comprovação de união estável emitida por juízo competente no Brasil".Isn't it?And I also think this can be prepared in Cartorio. But I'm not sure in which Cartorio. Oficial de nota or Civil.       -@koirj


If your plan is to apply for Residency on the basis of the união estável, then yes, you're more likely to be successful with a legal certificate.  The Tabelionato de Notas can certainly prepare the certificate; the Cartório do Registro Civil may be able to prepare one, as well.  Your Brazilian partner (who should be the one doing the talking at any cartório) should ask at the Cartório do Registro Civil whether they can do it; if not, they'll refer you to the nearest Tabelionato de Notas.


Here's a quick primer on what the cartórios are and what they do:


  • Cartório do Registro Civil:  basic citizenship documents.  Registers of births, deaths, marriages.  Recognition of signatures,
  • Tabelionato de Notas:  contracts between persons, wills, divorces, declarations.
  • Registro de Imóveis:  real estate registry and  transactions
  • Tabelionato de Protestos:  resolution of disputed debts, serving the purpose of credit bureaus in some other countries
  • Registro de Títulos e Documentos e Civil de Pessoas Jurídicas:  documentation of contracts and legal documents of corporations and other legal entities.
  • Tabelionato e Ofício de Registro de Contratos Marítimos:  maritime and admiralty law, contracts, and documents.
  • Registro de Distribuição:  distributes responsibilities among cartórios:  a kind of "cartório for cartórios"


A more detailed description, in Portuguese, appears here:


https://infographya.com.br/caracteristi … no-brasil/

@abthree


Thank you for explaining.


It was difficult to understand what PF said.

I thought that União Estável issued by only Cartorio Civil could be used for the permanent residence.