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Dissolving Union Estable and Residency?

Last activity 17 January 2024 by GuestPoster376

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amygmarjorie

Hi all!


I'm Canadian (34 year old female) who left Canada 15 years ago. I've been traveling and living abroad this whole time but met a Brazilian in 2018 and I migrated to Brazil in December of 2020 and we signed for a stable union. I got my RNM card in June of 2021 which gave me my permanent residency until June 2030.


My partner and I have  separated 7 months ago. We're on good terms but the partnership is over. We have a house together (which I paid the down deposit for and I'm paying the mortgage) which I'll get transfer to my name only. In addition, I have a registered business here in Brazil, and have all of my investments in the country.


My question is that we're talking to go to the registry to dissolve our stable union (we both have new partners and wish to get married one day). But I'm scared I'll lose my permission to live in Brazil once we sign papers. Is that true? My entire life is here and I cannot imagine have to move counties again and start all over somewhere new.


Does anyone know more information about this? I'm having bad anxiety.


Thank you!

HighVoltage1045

I dont lnow the answer, but a lawyer shoud be able to tell you the answer for free.  i know a good lawyer in Sao Paulo if you are interested in speaking with her 

Peter Itamaraca

According to the letter of the law, your permanent staus was granted because of your previous relationship. Once that ceased, the reason for the visa also ceased, although (as you both are getting on very well as you say, he will probably not "shop" you), but, as @abthree has pointed out previously, this visa really is intended for the benefit of the Brazilian partner, not the foreign one.


I would not expect you to be deported any time soon, but I do agree with @HighVoltage 1045, it would be a good idea to surreptitiously seek the advice of a suitable immigration attorney in your area.

abthree


01/15/24 My partner and I have  separated 7 months ago. We're on good terms but the partnership is over. We have a house together (which I paid the down deposit for and I'm paying the mortgage) which I'll get transfer to my name only. In addition, I have a registered business here in Brazil, and have all of my investments in the country.

My question is that we're talking to go to the registry to dissolve our stable union (we both have new partners and wish to get married one day). But I'm scared I'll lose my permission to live in Brazil once we sign papers. Is that true? My entire life is here and I cannot imagine have to move counties again and start all over somewhere new.

Does anyone know more information about this? I'm having bad anxiety.

Thank you!   

    -@amygmarjorie



Welcome.  I doubt that you're in any immediate danger. 


As @Peter Itamaraca wrote, the technical basis for your residency ends when your current relationship does, but the Polícia Federal is not proactive in investigating ongoing relationships of permanent residents; they're not staffed for it, for one thing.  They're most apt to react if they receive a formal complaint or  evidence that a relationship was a ruse to evade the law, but since your relationship was genuine and you and your current partner are parting on good terms, that's unlikely to happen.  Going to the cartório to formally end your relationship in and of itself should not prompt an investigation. 


If your new partner is a Brazilian citizen and you register your new relationship, either as a União Estável or a marriage, you may be ok for your planned renewal in 2030.  Consulting an attorney you can trust, as @HighVoltage1045  and @Peter Itamaraca suggest is always a good idea, and sooner is usually better than later.  I can think of at least two situations in which it becomes an immediate necessity:


1 . Your new partner is NOT a Brazilian citizen.  Neither of you in that case is probably eligible to keep the other in the country, so you need legal advice at your earliest convenience.


2 . You plan to change your immigration status, by applying for naturalization, for example.  In that case , talk to a lawyer before you file any paperwork.


Make sure that you keep good records, especially of the start and termination of your current relationship.  Best of luck.

amygmarjorie

@abthree thank you. Sorry if this was confusing but I just started dating someone else and although I do want to get married one day, it's in no way a topic of discussion between myself and my new partner at the moment. I do not want to rush into another marriage, especially for papers. However, he is Brazilian and we do agree we're in alignment for marriage and kids in the future if all goes well over the next year or two. In the meantime, I'll contact a lawyer and see my options. My ex wouldn't ever make a complaint. We're still friends. But I don't want to feel like I'm illegal here or evading the law. Thanks for your input.

Peter Itamaraca

@amygmarjorie

From what you describe I really do not foresee any problems until 2030, (particularly as you on very good terms with your ex), but technically the justification for the CRNM no longer exists.


Thinking ahead, could you qualify for another visa in your own right, rather than be dependent on another Brazilian? We never enter into relationships thinking they will end, but you never know... You mentioned investments, a business - maybe the Investor Visa or the Golden Visa?

GuestPoster376


    We have a house together (which I paid the down deposit for and I'm paying the mortgage) which I'll get transfer to my name only.     -@amygmarjorie


Doubtful IMHO since the house and debt are in his name, the bank will want you to qualify on your own if he gets released, so, unless he stays on the mortgage as a guarantor and retains whatever, if any, financial interest he may have in it, you may end up having to sell. Hope that's not the case obviously, but generally, that's how things work.


I'm a Canuck living in Brasil and I like the advice stated above to try and requalify for a different visa. My only comment in that IMHO applying for "any" visa, doing it at a Brasilian consulate in Canada is faster, more efficient, and usually positive in the reponse on the first go 'round, as opposed to dealing with the PF in Brasil from what I have gleaned reading the many posts here.


Having said that, I've always navigated my interactions with the PF satisfactorily, so, there you go FWIW.


Boa sorte !!

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