Home country Police clearance for Naturalização

10/22/24 @gabbiecorrea.  The PF generally want a police clearance that's no more than 90 days old for naturalization.  You can try convincing them to accept the old one; they may accept it, especially if you haven't been out of Brazil at any time since your arrival in Brazil.  Chances are that you're going to need a fresh one, with an apostille, though.

@gabbiecorrea

I work with that, the certificate is not valid; it must have been issued less than 90 days ago, and there are more documents required

@gabbiecorrea
I work with that, the certificate is not valid; it must have been issued less than 90 days ago, and there are more documents required - @Fernando Castelo

I don´t know if I can share my contact here, but if you need assistance let me know

@abthree

Thank you, I’m gonna try my luck and see what happens

My police clearance of 7 months old got rejected. I had to present a new one within 30 days, otherwise the application would be rejected all together.

So I had 30 days to have the clearance sent by post to a family member, she apostilled it at handed it over to someone else who happened to be travelling to Brazil and handed it over to me, where I translated it and uploaded it in the PF portal. Made it in 29 days.

You can imagine this is very stressful, so I recommend getting a fresh one if you have the option.

@abthree
Thank you, I’m gonna try my luck and see what happens - @gabbiecorrea

Remember that, in reality, the Policia Federal are looking for reasons NOT to grant you a visa, not for reasons to grant you one... Don't make it easy for them!

10/27/24 Remember that, in reality, the Policia Federal are looking for reasons NOT to grant you a visa, not for reasons to grant you one... Don't make it easy for them! - @Peter Itamaraca

This is especially true in the case of naturalization.  The applicant already has a stable situation as an established legal resident of Brazil, so there's no perceived need for another status change.  Brazil allows applications for naturalization but neither encourages them nor discourages them nor, except in the case of stateless persons and refugees from actual persecution, does it normally waive the rules.

@gabbiecorrea So as usual the EXPAT.COM BrainTrust has provided you with all the important information. Just in case it has any bearing though, what is Your HOME COUNTRY?

Roddie in Retirement🕵

@abthree "This is especially true in the case of naturalization.

I can attest to that. A recommendation by the PF that I not be granted citizenship when I applied after 24 years of residency in Brasil because I "travel too much" was rejected by the bureacrats at the ministry of justice with the simple rebuttal: "there is no prohibition against travel". I discovered this when I reviewed my online application process after receiving notice that my  "Naturalização Extraordinária" had been approved. This was clearly a case of the PF attempting to overstep its bounds with no legal basis for doing so. In hindsight, this was probably the reason it took more than a year to finalize my application.

A recommendation by the PF that I not be granted citizenship when I applied after 24 years of residency in Brasil because I "travel too much" was rejected by the bureacrats at the ministry of justice with the simple rebuttal: "there is no prohibition against travel". I discovered this when I reviewed my online application process after receiving notice that my "Naturalização Extraordinária" had been approved. This was clearly a case of the PF attempting to overstep its bounds with no legal basis for doing so. In hindsight, this was probably the reason it took more than a year to finalize my application. - @jonesio

@jonesio - is it ok if you can share more of this process?  The reason is that most expats who can afford to do this will tend to travel back and forth to take advantage of the weather, family, and other personal reasons (physician visits, iphone purchases,...)

I fully intend to settle in Brazil when time comes.  And it is the first time that I heard about even this possibility of refusal....

11/05/24 @jonesio - is it ok if you can share more of this process? The reason is that most expats who can afford to do this will tend to travel back and forth to take advantage of the weather, family, and other personal reasons (physician visits, iphone purchases,...)I fully intend to settle in Brazil when time comes. And it is the first time that I heard about even this possibility of refusal.... - @Pablo888

Remember, this is refusal for naturalization only, not residency:  a foreigner can be a permanent resident of Brazil indefinitely without ever becoming a citizen, and most probably never bother. 

How the required term of continuous residence for naturalization  is measured depends on the type of Naturalization the applicant requests.  The guidance for both Ordinary and Extraordinary Naturalization says that "sporadic travel abroad" does not break continuity, but the interpretation of "sporadic" can vary.

1. For Ordinary Naturalization, which requires continuous residence of either one, two, or four years depending on the basis, there's a "proportionality" requirement that's defined as no more than 25% of the time claimed as continuous residence can have been spent out of Brazil, and that's laid out clearly here:  https://www.gov.br/mj/pt-br/assuntos/se … leira/view

1. For Extraordinary Naturalization, which requires continuous residence of at least fifteen years, the proportionality metric apparently isn't applied, and is replaced with having to provide a document proving each year of residence without a need to demonstrate physical presence:  https://www.gov.br/mj/pt-br/assuntos/se … residencia

@abthree

Exactly. My naturalization request was "extraordinária". However, although I spend about 2 to 2 1/2 months outside Brasil every year, I have never spent 25% of any year outside of the country. So, in my case, even if the "naturalização ordinária" rules were applied the PF assessment of my situation would have been incorrect. Not to mention the fact that all my submitted documents clearly indicated I was a resident of Brasil for 24 years, married to a Brazilian for that entire timr, pay income taxes in Brasil, own a home and several other properties in Brasil, etc., etc., etc. I'm happy that the PF recommendation was ignored, otherwise I'd be involved in a legal battle to obtain citizenship. Or, perhaps more likely, I would have given up. I had no compelling legal or financial reason to become a citizen, just the personal notion that after calling a country home for about a quarter century I should becone a citizen.

@jonesio - is it ok if you can share more of this process? The reason is that most expats who can afford to do this will tend to travel back and forth to take advantage of the weather, family, and other personal reasons (physician visits, iphone purchases,...)
I fully intend to settle in Brazil when time comes. And it is the first time that I heard about even this possibility of refusal.... - @Pablo888

Please note that I am referring to a citizenship request, not a residency request. At the time of my citizenship application I had been a permanent resident of the country for 24 years. The general rule of thumb to retain your permanência status is that you not leave Brasil for more than two years (consecutively). If you do, you must re-apply for residency status. This is why "2 anos" is usually written on your passport exit stamp when you leave Brasil.

For Extraordinary Naturalization, which requires continuous residence of at least fifteen years, the proportionality metric apparently isn't applied, and is replaced with having to provide a document proving each year of residence without a need to demonstrate physical presence: https://www.gov.br/mj/pt-br/assuntos/se … residencia - @abthree

I've been a permanent resident for 14 years. I haven't considered becoming a citizen. Are there any benefits as a citizen?

@alan279

Aside from the "emotional benefit", there are a few. Tax treaties with some countries permit reduced witholding taxes on some pension income in the paying country if you are both a resident and a national of Brasil. It can also be easier to travel back to Brasil if you have a Brazilian passport--sometimes enabling online check-in in another country because you won't have to show additional ID or a visa at the airport. This depends on the country, the airline and your previous passport nationality. Also, you will no longer be bound by the restriction of losing permanência If you leave Brasil for more than two years. And a Brazilisn passport might provide visa-free entry to more countries (again, this depends on the nationality of your existing passport). There may be other advantages that I'm not aware of.

In your case, if you're interested, wait another year. It is easier and much simpler to obtain citizenship after 15 years of residency.

11/06/24 - @abthree
I've been a permanent resident for 14 years. I haven't considered becoming a citizen. Are there any benefits as a citizen?
- @alan279

A citizen can vote, compete in concursos for government jobs, and can obtain a Brazilian passport.   I think that it's also even more difficult to extradite a citizen, although it's pretty hard to extradite a permanent resident already.   I'm not aware of any other advantages compared to permanent residency.