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Definition of "living" in Brazil for one year

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TANRO

I am married to a Brazilian citizen, we live in the USA.  My understanding is that I can qualify to become a Brazilian citizen by:

1)  "passing" the CELPE-Bras exam

2)  living in Brazil for one year


My question is about living in Brazil for one year.  How is this defined?

--A specified number of  days physically in Brazil as shown by entry and exits as shown on my passport?  If so, how many days required?

---Proof of residency address such as electricity, water ,other bills addressed to this address 

--Other?


In my case I see if possible traveling up and back between the USA and Brazil with about 50% of the year spent in each country.


Thanks, Ross

abthree

04/07/24 My question is about living in Brazil for one year.  How is this defined?  --A specified number of  days physically in Brazil as shown by entry and exits as shown on my passport?  If so, how many days required? ---Proof of residency address such as electricity, water ,other bills addressed to this address  --Other? In my case I see if possible traveling up and back between the USA and Brazil with about 50% of the year spent in each country.Thanks, Ross       -@TANRO

Hi, Ross,


Your year can be defined as one year counting forward from the issue date of your CRNM, if you're in Brazil continuously from that date.  In a case like yours, it can also be counted as one year backward from the date of your Petition for Naturalization, as long as you have a valid CRNM for that entire period.


On your Petition for Naturalization, you will have to detail the dates and durations of all your absences from Brazil and the reasons for the absences during the residency period you're claiming.  The decision of the Polícia Federal on whether you have satisfied the residency requirement or not is final.  50% physical presence probably will not be satisfactory.  The general guidelines for what is acceptable are up to three months during a claimed period of one year, up to six months during a claimed period of two years, and up to one year in a claimed period of four years: 


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


The other required documents for establishing residency are listed at the link above.


Note that the CelpeBras certificate can be obtained anytime and does not expire, so if you obtain it before you apply for naturalization, and even if you take the test abroad and pass, that puts you a step ahead.

TANRO

@abthree  This reply was really helpful Thank you!

dalezuk

@TANRO

The problem with becoming a citizen as compared to a permanent citizen can have a dramatic effect on your income.  Brasilian tax law stipulates that all citizens must pay taxes on any income earned in a foreign country.  If you have investments or a job in the USA you will be liable to pay taxes in Brasil on that income.  Educate yourself before you make an irreversible decision

Peter Itamaraca

@TANRO

Much easier to obtain a permanent visa through marriage (family reunion), than citizenship

abthree


04/08/24    @TANRO
The problem with becoming a citizen as compared to a permanent citizen can have a dramatic effect on your income.  Brasilian tax law stipulates that all citizens must pay taxes on any income earned in a foreign country.  If you have investments or a job in the USA you will be liable to pay taxes in Brasil on that income.  Educate yourself before you make an irreversible decision
   

    -@dalezuk


That's true whether you're a citizen or a permanent resident.

abthree


04/08/24    @TANRO
Much easier to obtain a permanent visa through marriage (family reunion), than citizenship
   

    -@Peter Itamaraca


Indeed it is.  In fact, you have to be a permanent resident through some type of visa -- family unification, investment, work, etc. -- before you can become a citizen anyway.


Also remember that Brazil, unlike many other countries, puts absolutely no pressure on permanent residents to become citizens.  Permanent residents have all the rights of citizens except that they cannot vote in elections, hold political office, or compete for government jobs in concursos.  They can't get Brazilian passports and the Brazilian Passport is reasonably strong, so naturalization is desirable for refugees and citizens of countries with weaker passports.  Aside from that, permanent residents are treated pretty much like everybody else, and as long as they aren't absent from Brazil for more than two years, can stay pretty much indefinitely.  For a host of reasons, many longterm permanent residents choose never to take the step to citizenship.

MA22

@TANRO


Bom dia Ross!


As others have already stated here, it's much simpler just to get a Residency Visa based on family Reunion (Marriage) instead of becoming a citizen.. If you plan on living 1/2 a year in each country anyways, what's your goal for becoming a citizen?  Seems unnecessary at this point, but you'll need to determine that for yourself.   Boa sorte!


Martin

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