Considerations surrounding Brazilian citizenship and naturalization

Yes renouncing before a Brazilian Judge and renouncing in front on a consular officer at an embassy after you have have paid a big fee are two very different things.  It is basically a matter of swearing your allegiance. 

I can understand requiring some kind of reporting when income is originating from within the country.  That should be taxable.  But if you live and work and bank in another country, you never enter the US and never collect any money from the US you still must report your income and accounts overseas.  The law was created to go after rich people who live in the US but were hiding assets outside the country to avoid taxes.  It has had a big impact on the 6 million+ Americans who live abroad though and aside from a passport have nothing to do with the country.  I would argue that such information is none of the IRS's business and violates peoples privacy.  95% of the time once these forms are filed it is the case that no taxes are owed.  So, by threat of fines and criminal penalties people are forced to spend time, money and effort every year to file a return proving that they don't owe anything. 

Maybe, just maybe, most people who reach retirement age after paying off their 30+ year mortgages, and saving their entire lives can scrape together a $2mil net worth.  That seems unrealistic though.  The average retiree's 401k in America when they reach retirement age is worth about $25k.  Poverty of the elderly is a huge problem.  Its off subject though.  Someone that age who moves to Brazil to retire would probably have little use or interest in naturalizing if they have a permanent visa.  The benefits are more likely to be seen by younger folks who are still in the workforce and travel frequently.

About the property taxes in Floripa.  No I had not heard about that.  It is not terribly surprising though.  Still, even when doubled I bet the rate would be lower than what Americans are used to paying when the city, county, and school taxes are all added in.

Hi William;
You wrote following sentence some time ago->  " Ability to read and write Portuguese in a manner commensurate with his or her possibilities."

Any person seeking Brazilian citizenship needs to prove a command of the portuguese language. My question is, how exactely is this done? Are there standardized tests for this or is it a quick and easy quiz conducted by a friendly official, more a formality than any thing else?
I ask this because some one I know and want to help in this matter is a functional illiterate. He can not read and write, even in his own language. He is very clever and I am sure that his (oral) portuguese shall be quite good after some time in Brazil but I worry about this test. Do you have any thoughts on this matter. I am sure there are many local people in Brazil, who also have a hard time to read and write.
As i would understand the formulation of the official regulations, there should be some type of graduation in these tests, since the possibilities of people vary a lot.
I would really appreciate your answer.
thnks and greetings
PW

Sorry, the quote " Ability to read and write Portuguese in a manner commensurate with his or her possibilities." certainly was not mine. However, one certainly must pass a test of fluency in Portuguese.

Usually one enrolls in a school for Portuguese classes (if needed) and then takes the CELPE-Bras test which is recognized by the Ministério de Educação.

http://celpebras.inep.gov.br/inscricao/

Cheers,
William James Woodward, EB Experts Team

thanks for the information.
greetings
pw

Hi felixxx,

The $2 million net worth figure isn't such a big stretch as you might think, given that it includes absolutely ALL your worldy assets.

Don't know about American real estate prices, but I can tell you that in Canada you're not easily going to find even an old house (even a fixer-upper) that sells for any less than half a million bucks nowadays, most new homes 3br, 2 bath are going to be pushing up there right around the million mark or even more in some cities.

My company pension when I cashed it out (because of Canadian laws) I had to convert the greater portion into a RRSP, but still had $75 thousand left over which got converted into a straight savings account. Now add to that the value of any recreational property one might own, cabin at the lake; all your household furnishings, bank accounts, mutual funds, other investments, 401 K if that's what you guys call all private retirement funds, cars, value of your businesses if you have one. I'd hazard a guess that most Americans over the age of 50 could probably have a net worth of over $2 million.... I know for a fact that most Canadians sure as heck can.

Hiya all,
          i process my Brazilian naturalization over a year ago, few months back i had a visit from Police federal team. after 12month of my application i called  local police federal to find out progress on my naturalization request they said that after police visit they send my case to Brasilia and they ask me to call back after few months to see if there is any news.
Well, i want to know if anyone who is been to this process and how much time it can take after Police federal forward everything to Brasilia....

The Ministry of Justice in Brasília takes their own sweet time to do anything, there is absolutely no way of predicting just how long it will take to process your application. You just have to keep checking until they tell you it has been completed.

One small favor that I would ask, please post in BLACK only, it makes it easier for our members to read you messages. It will be greatly appreciated by all.

Cheers,
William James Woodward, EB Experts Team

Thanks John and Woodward

Hi Xyron, if they said to you that your case is already submitted to Brasília than it is going to take between six months to an year if your lucky enough you can be done in six months time.
Now if you want to search  the best way to search your naturalization  case simply go to google  and search using your protocol number or full name. as soon they will make decision on your naturalization  application that your name and protocol number will be published on the official gazette  and if you search it using your full name or protocol number it will pop-up on the to list.

I hope you get the answer what you asked for...However if there is anything else please feel free to ask. Myself  I have been through naturalization procedure so the process of granting naturalization is very slow and applicant tracking system always out of order and not updated on time.

Thank you so much Ziv thanks for replying in the details,,,, If there is anything further i will ask here on the blog. this blog is great keep it up   

I've been traveling to countries in South America for the past 3 years. Brazil intrigues me and my wife. I am not quite ready to retire, but I have a good income from my business as well as from USA Social Security. If I get residency in Brazil, what is the annual requirement to be there each year, to be able to get citizenship and a passport?

Well for someone of our age (I'm now 65) there is absolutely no advantage or reason to go through all the trouble of applying for citizenship in Brazil. The rights that you would get other than what you would already have as a resident or even tourist for that matter, would be the passport  and the rest are virtually non-existant but the responsiblities and obligations are very real.

That said, you must first hold a VIPER Permanent Visa for a minimum of 4 years for ordinary naturalization. A retired individual may apply for a VIPER if they can bring into Brazil a monthly income of US $2,000 per month. Once you apply for the visa in Brazil you're committed to remaining in the country and not being absent for more than 90 days at a time until the process is completed (probably 2 - 3 years). Once you obtain the visa you may be out of the country for up to 2 years before you would lose permanent resident status.

Hi WJ,
     Thanks for your speedy reply ) One of the big things I'm looking for is a second passport but the time commitment is going to be tough until I officially retire.  Not that I think this is a good option, but do you mean that I could live in Brazil for, say, 6 months and then go back to the US for 3 months and then come back to Brazil for another 6 months, and back to the US for 3 months and so on?

Actually, once you've been issued the VIPER Permanent Visa as long as you're not out of the country for more than 2 years (except for something out of your control like being hospitalized) you won't lose PR status. There is absolutely no restriction on the amount of time you must be BACK IN Brazil , just that you are back! Many actually come for a short vacation every 2 years just to maintain their PR status. The visa entry stamp and last exit stamp are all that matters in this regard. It could be as little as a one day visit (in theory).

After you've held the VIPER for 4 years (counting from the date issued, not the date you apply) you can then apply for citizenship. You do have to be in Brazil to do that and you have to remain in Brazil UNTIL the Federal Police have made their obligatory home visit, once that's done the process goes to the Ministry of Justice in Brasília for a decision.

A number of points to remember about the citizenship process:

1.) You must pass the CELPE-Bras test of fluency in Portuguese

2.) Once a citizen you MUST have a Brazilian passport, since you cannot then use your existing passport to enter or leave Brazil.

3.) While the renunciation of any other citizenship is strictly pro forma and has no legal effect outside Brazil, here from that point onward you are considered to be ONLY Brazilian and you cannot fall back on any other citizenship in order to avoid any obligations imposed by citizenship or escape any legal process (civil or criminal) in Brazil.

4.) As a naturalized citizen, it is highly unlikely that your Embassy / Consulate here in Brazil will offer you any kind of assistance from that point on. Except with possibly information, advice and assisting family members with the process of repatriating you body in the event of death.

5.) You would NOT be covered in any way by Medicare here in Brazil, while there is a time limit regarding your stay here in Brazil I don't believe you would qualify for an exemption under the new "Obamacare" legislation either.

6.)  IRS taxes Americans on their citizenship, as such you will continue to be obligated to file a 1040 every year unless you formally renounce your US citizenship (bad idea and I would highly recommend against that option). There is no bilateral tax agreement between the USA and Brazil so you're going to need to find an expert to help you file your annual returns.

7.) Absolutely imperative that you keep at least one US bank account active in order to receive US sourced payments and deposits, such as retirement pensions, income tax refunds, annuities, etc. International transfers of funds are extremely complicated and time consuming, they are also taxed aside from the exchange rate and transfer fees. You're far better off using your debit card to withdraw cast from an ATM, it's only subject to the exchange rate and ATM service charge (if any).

I think that just about covers it for now.

Excellent! Thanks for all your help.
Glenn

bom Tarde todos,
meu processo é com o setor de naturalização, em Brasília.  alguém sabe quanto tempo para procedimento lá?
Polícia Federal levou um ano para enviar o meu processo para Brasília
assim que eu quero saber mais ou
menos quanto tempo pode demorar em Brasília?

Hello Moh AlSaifi,

When posting to our Anglophone forums, would you kindly post in English only in consideration of the rest of our members. All of our forums have 5 separate language-specific versions (English, French, Spanish, Italian and Portuguese) which you can access by clicking on the flag icon in the green banner at the top of the page and selecting the desired language from the drop-down menu. When posting to any of the other forums members should post ONLY in the language of the forum.

Regarding your question about the time frame for the naturalization to complete, there is no definite answer to that question. Generally speaking, anything to do with immigration in this country takes an eternity.

Cheers,
William James Woodward, EB Experts Team

Hi,

I just received my VIPER (marriage) from the Brazilian Consulate. I intend to travel to Brazil next month for short trip, though I do not intend on moving there just yet.

I have a couple of questions:

1) I want to apply for my CIE when I am there, I have found the documents I need to bring here
http://www.dpf.gov.br/servicos/estrange … strangeiro
I also know that I need to schedule an appointment at the PF to apply. I want to know if this can be done at the PF at Guarualhos or if it has to be at LAPA - as I can't seem to find that PF unit in the SINCRE form?

2) If I apply and receive my RNE and temporary protocolo and travel back home and were to return more than 6 months later (expired protocolo) is there any issue with brazilian authorities?

3) If I don't intend on moving to Brazil right now, is it ok for me not to apply for a CPF?

4) I understand that I can apply for citizenship if I so wish after 1 year of residency. How many days out of Brazil am I allowed during this year to qualify?

5) If I do not spend 30 days in Brazil on my first visit do I still have register with PF and apply for CIE? Or can I leave it till my next trip to Brazil?

Thanks for your help!

There are new rules regarding Permanência Definitiva (VIPER) applications, registration for the RNE and Cédula de Identidade Estrangeiro that just went into effect on Sept. 1st so things really are in kind of a state of flux now and it's hard to give any truly accurate information on the subject right now. Perhaps after the dust all settles down and we see exactly what the Federal Police are actually doing and actually capable of putting out what they promise, who knows?

1 & 5.  Regarding registration, I would suspect that you'd have to do so on your very first entry into the country following issue of the VIPER you might want to invest in a telephone call to the Federal Police and ask them this question directly. Also, the application must be made at the Superintendência Regional da Polícia Federal, so if you'd be residing in São Paulo (capital) then that would be Lapa, no way around that.

2.  Under the new rules when applying for the CIE and registering you're supposed to get the ID card within 60 days, so that might even be during your initial stay here. Once you've got the ID you can be out of Brazil for up to two years before you'd loose Permanent Resident Status (dates based on passport entry/exit stamps).

3.  Regarding the CPF, why would you not apply for it? Just by virtue of applying for it doesn't necessarily mean you have to start filing income taxes here.

4.  You can (if married to a Brazilian or have a Brazilian child) apply for naturalization after one year of residency in Brazil. The number of days out of Brazil remains to be seen and you'd need to take that up with a lawyer specialized in immigration and naturalization. It's my guess that 90 days out of the country at any one given time wouldn't effect the process, longer periods possibly would. As far as I am aware, you do have to indicate any absences from the country in the application process. Don't forget too that while Permanency based on marriage is your RIGHT, naturalization is solely at the discretion of the government and there is no guarantee that any application will be successful. Also there is a requirement of passing the CELPE-Bras test of fluency in Portuguese as part of the process.

Thanks for your reply. I tried going on the SINCRE website to fill out the application and book an appointment, but i tells me there are no available dates?? What to do?

Can you please elaborate on what you mean by getting a CPF I don't need to start filing taxes? I thought I had read that I must indeed do that and if not my CPF expires.

Thank you,

Tony

Thank you for a very informative discussion.

What are the presence in Brazil requirements for  naturalization through a Brazilian spouse? I understand that the residency requirement is 1 year, but up to how much of that 1 year period can be spent outside Brazil? For example in your original post you mentioned that for the 4 year residency requirement, up to 18 months can be spent outside Brazil.

Tony,

If you're not able to schedule an appointment during the time alloted, then just print off everything, pay the fees and go to the Federal Police with it all. They will fit you in somewhere. That's standard procedure.

You don't file income taxes in Brazil unless you earn over R$24.556,65 (or if you earn less than that amount, but have taxes deducted at the source by your employer - in order to get your refund).

or

If you received non-taxable income/amounts in excess of R$40.000,00.

or

If you purchased or acquired real property valued at in excess of R$300.000,00.

Anyone living abroad, even though having purchased property in Brazil is not obligated to file a DIRPF, since they are only taxed upon sale of the property.

Hello Midd01,

Check the Ministry of Justice website (link below) for the requirements for Ordinary Naturalization.
The waiting time can be reduced to 1 year (from the date you receive your VIPER Permanent Visa) for those who are married to a Brazilian citizen or have a Brazilian child. The site says one year of "continuous residence" so I don't know if you'd be allowed to be out of Brazil during that time. That's something you'd be able to find out from an immigration lawyer or from the MoJ directly.

http://portal.mj.gov.br/data/Pages/MJ97 … PTBRIE.htm

William,

Thank you for the information.

I read somewhere that even if you do not owe taxes (ie. under the threshold) you still have to file a document saying as much? Is this correct?

Also if you do not file anything your CPF expires after 2 years and you have to re-apply for a new one with some difficulty? Is this also correct?

Thanks!

No, that used to be the case in the past, you had to file an annual "Declaração de Isento". That was done away with several years ago. Now you simply don't do anything if you're under the threshold.

Hi
Would like to understand my current position please as not even the local DPF know!

1) Had an Investment Visa from July07-July12 (RNE card had date of expiry in Jul12)
..which I believe is classified as a Permanent Visa

2) My son was born here in Brazil May '12, and a pedido com base em prole was made end of May '12
....obviously the RNE card expired, but my understanding is that I remained legally resident here (ie "Permanent") and did of course have the little paper "protocolo" (never had to show it)

3) The pedido was approved early this month (Sept 14)..I should have the new CIE card in about 45 days

4) I have not travelled outside Brazil for more than two years...so I believe that I can make an application for Naturalisation immediately, on the one year residency if have a child rule, having been "permanent" for all of that period and more before.

Do you agree ?!  The local DPF (footsoldiers) believe I need to wait another year but they may be forgetting I have a visa since seven years ago.

thanks

A VIPER Permanent Visa for Investment is initially issued for the first 3 year (I believe) period as PROVISIONAL, only upon renewal and proving that the initial investment has not been repatriated is a PERMANENT category visa issued. So, I doubt that you received permanency based on that visa yet.

Your right to Permanência Definitiva based on having a Brazilian child is undeniable, provided that the child is either in your custody or you are making support payments, there is no arguing that point and you will certainly be issued a Permanent category VIPER on that application.

It is quite likely that you'll need to wait for a year from the date of issue of that visa to qualify to apply for Ordinary Naturalization. Your situation is quite complicated and if you are absolutely certain that your VIPER based on investment was a PERMANENT category then perhaps yes you can apply now, but I think you'll find that I am correct. It's no wonder that even the Federal Police aren't sure of your situation.

It might be worth your while to discuss the matter with a lawyer who specializes in immigrations issues.

Thanks for super-quick response.

The rules on Investment visas were greatly changed in 2008 (tightened up a lot) but my application was initiated in 2006 and the visa granted in April 2007 - it was a five year visa not a three year.  Moreover, on the CIE it stated: "Classificacao: PERMANENTE". 

The stamp in my passport from the first time I entered Brazil after Apr 07 Ie after the visa was granted also says PERMANENTE and Tempo Ilimitado...presumably on the basis that I could indefinitely renew the Investment Visa every however many years until age 60 I guess...according to this rule:

"Estão dispensados da substituição da CIE, mesmo após o vencimento, os estrangeiros portadores de vistos permanentes, que tenham participado de recadastramento anterior e que tenham completado 60 anos até a data de vencimento da cédula ou sejam deficientes físicos."

I guess one has to remember that all of these visas can be revoked, due to separation from spouse, failure to support child, lack of necessary investment in business etc, so in effect none of them are in essence any more Permanent than the others.

The other issue is - what has been my status for the last almost-two-and-a-half years waiting for the new visa to be granted.....I was told to keep using my original RNE no. when required, and that I could now get a job (which wasn't allowed under the investment visa).

Yes, your VIPER should be Category: Permanente  and  Validade:  Indeterminado after 60 years of age or if you have any disability.

Once you've applied for the VIPER based on marriage or Brazilian child that carries with it the automatic right to obtain a Carteira de Trabalho e Previdência Social - CPTS and to work in Brazil. You should take the protocolo and a copy of the Birth Certificate of the Brazilian child to the Superintendência Regional do Ministério de Trabalho in your city to apply for the CTPS.

Right.....
Regarding PERMANENTE or PROVISIONAL though, I can't see how it was one when it states categorically otherwise on the only two documents that matter.  So, I have to wait until the local expert/head honcha at the DPF returns from a training month in DF and see what they say.

It depends only on the wording on the Cédula de Identidade you were issued at the time you applied for the VIPER for Investment. If it states Category: Permanente then you can apply one year from it's date of issue. If it states Provisório then you can't and you'll have to wait for the new one and hold it for a year.

Don't forget that you must meet ALL of the other requirements for naturalization, including passing the CELPE-Bras proficiency in Portuguese.

Yep - long list !
Good talk, thanks much

Hi William good morning!
Actually, after our chat yesterday, I logged into the CelpeBRAS site, and it appears that they only have two booking windows per year to book a test - March and August.  So inscricao is currently unavailable til March !  Test obviously not til after that, and one cannot even submit a naturalisation application without having already taken & passed the test.  I imagine also that depending on timing, you may not even get a place in your local city and then have to travel across Brasil !   

Is there no way round this ie having to wait six months to even apply for the test??

I believe they will accept other Brazilian Portuguese courses, especially those from universities here. I don't know if they will give applicants a practical test of their proficiency in the Portuguese language, but it wouldn't hurt to contact the Ministry of Justice by e-mail and ask them if there is an alternative to the CELPE-Bras, especially for anyone who already reads, writes and speaks reasonably well.

The Ministry of Justice e-mail address is:   estrangeiros@mj.gov.br

Hi,

I would appreciate if someone can explain my situation below:

I have entered to Brazil with a visa VITEM V along with my wife and son. Very recently, we were blessed with another child after 6 months from entering brazil. Are we allowed to change our temporary visa VITEM to VIPER immediately, knowing that we have now a new child with brazilian citizenship?

Awaiting for your reply

Regards

Mikhael

Hello Mikhael,

Yes, if your child was born and registered in the Cartório here in Brazll you can apply for the VIPER Permanent Visa anytime you want to.

If all the other paperwork involved in the process of permanency, RNE registration and application for the Cédula de Identidade Estrangeiro are in order you are granted permanency right then and there, you only need to wait for the ID card to be produced (they say it will take 60 days).

Thank you for your quick reply.

I thought that getting the permanent visa would take more than 2 years? Is this true?

If this is the case, do you think that talking to some agencies, like Horizon, would help speeding up the process in order to move to the next step which is citizenship?

Appreciate your reply

Regards
Mikhael

It used to take up to two years, sometimes even more, to get permanency in Brazil. However, new rules came into effect on September 1, 2014 that have changed the whole process radically and improved it completely.

See the following topic:  https://www.expat.com/forum/viewtopic.php?id=403321

The documents that are required are all pretty much the same as they've always been, except now you and your wife can make a "Declaração Sob Pena de Lei" that you have no criminal record. While you can use an agency in order to get permanency, it is something that you can really do by yourself if you wish to, most of us do.

Regarding citizenship, for Ordinary Naturalization, after you have held your VIPER Permanent Visa for 1 year you can apply for that if you are married to a Brazilian or if you are the parent of a child born in Brazil (thus a citizen), normally the waiting period would be 4 years for other people. You will need to meet all the requirements for citizenship including passing the CELPE-Bras test of fluency in the Portuguese language.

For information regarding documents for permanency (based on Brazilian child) see the DPF website:  http://www.dpf.gov.br/servicos/estrange … brasileira

To apply:  http://www.dpf.gov.br/servicos/estrange … -e-anistia

I was hoping to get some advice in regards to my situation:

I am a Portuguese-American (dual citizenship U.S.A & Portugal).  I have a great uncle that came from Portugal to Brazil 50+ years ago and has lived here since.  I would like to stay here and help take care of him as he is getting older (he will be 88 next year.)   

My first question is if there are any benefits from being a citizen of Portugal in Brazil.

Second, I was wondering if I could apply for a VIPER visa through my great-uncle.  (I am 31 years old and read that usually some visa requirements are only for 18 years and younger) Also that it's for 'immediate' family (spouse, child)

Lastly, I read that if you are a citizen of a Portuguese speaking country, then you can apply for permanent residency after one year of living in Brazil.  Would I have to obtain the permanent visa first and then after one year I could apply for residency? 

Again, any advice would be greatly appreciated!!!

Thanks,
Stefanie

Hello Istefanie,

While there are no specific provisions in the legislation for Permanência definitiva com base em reunião familiar for adult descendents who are not immediate family members, I'm sure that if your great uncle is completely dependent upon you for his continuing care that the Consulado-Geral do Brasil em Porto could certainly attempt to make some special arrangements for you to obtain your VIPER. It costs nothing to contact them to plead your case and see what the can do to help you. Certainly you would have to prove with some documents that you would, in fact, be caring for him. Perhaps letters from his medical doctor outlining his condition, treatment and continuing care necessary, etc., would all strengthen your case substantially especially if there are no other family members here in Brazil who are capable of caring for him. 

www.porto.itamaraty.gov.br

You would first need to acquire your VIPER Permanent Visa and from the date granted you would need to wait ONE YEAR before you can apply for "Igualdade dos Direitos".

Cheers,
William James Woodward, Expat-blog Experts Team