Considerations surrounding Brazilian citizenship and naturalization

James · 2013-05-05T23:54:23+02:00

Naturalization in any country is nothing to be taken lightly by any stretch of the imagination. This is especially the case here in Brazil because citizenship, however obtained, carries with it certain serious responsibilites as well as rights. So before you decide one way or the other you should have as much information as possible. Brazil is one of the nations that recognizes dual citizenship. You therefore must know about how one obtains citizenship and how it may effect you. There are a number of ways in which one obtains citizenship; The first is of course by birth. In most cases, and with a few exceptions, anyone born in a country is automatically a citizen of that country (jus soli). Anyone born in Brazil, even to foreign parents (provided that they are not in the service of their country) is automatically a Brazilian by birth. The second is by having a parent of that nationality (jus sanguinis). The birth may need to be registered with the country's consulate if a child is born abroad. It may also be applied for in most cases. Anyone who is born abroad and has a Brazilian parent may become a Brazilian citizen in the following ways: their birth is registered with the Consulado-Geral do Brasil in the country in which they were born; they come to Brazil as a minor and request citizenship; as an adult at any time upon application. If you have a child born in Brazil you are also entitled to citizenship under jus sanguinis. In some countries you obtain citizenship based on marriage to a natural of the country (jus matrimonis). Here in Brazil this entitles you to apply for citizenship after a minimum period of time as a Permanent Resident in the country. You can become a citizen through the naturalization process. Any permanent resident qualified can apply for citizenship in Brazil You may obtain citizenship of a new country if your country of origin is anexed by that country and ceases to exist. You can be granted citizenship of a country for humanitarian reasons. You can be awarded "honorary citizenship" for some special accomplishment. So let's look at what the law says: CITIZENSHIP LAW - BRAZIL The citizenship of Brazil may be obtained in one of the two ways: by birth: by naturalization BRAZIL CITIZENSHIP BY BIRTH The nationality of Brazil may be obtained by Birth by persons those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not in the service of their country; those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is serving the Federative Republic of Brazil; those born abroad, of a Brazilian father or a Brazilian mother, provided that they are registered with a proper Brazilian authority, or those who come to live in Brazil before coming of age and, having come of age, opt for Brazilian nationality at any time; BY NATURALIZATION Those who, as set forth by law that is (Law no. 6815, of August 9, 1980, as amended by Law no. 6964, of December 9, 1981, and Decree 86715, of December 10, 1981), acquire Brazilian nationality, and, for persons originating from Portuguese speaking countries, the only requirement being residence for one uninterrupted year and moral integrity; Foreigners of any nationality, resident in the Federative Republic of Brazil for over Fifteen years uninterruptedly and without any criminal conviction, provided that they apply for Brazilian nationality. The rights inherent to born Brazilians shall be attributed to Portuguese citizens permanently resident in Brazil if Brazilians are afforded reciprocal treatment, except in the events set forth in the Constitution. The law may not establish any distinction between born and naturalized Brazilians, except in the events set forth in this Constitution. BRAZIL NATURALIZATION PROCEDURE An application for Brazilian citizenship through naturalization can only be lodged in Brazil. The application standards are set forth by Portaria (Ordnance) of the Minister of Justice No. 703 of June 13th, 1995, published by DiÃ¡rio Oficial Da UniÃ£o (the brazilian federal government official daily) of June 14th, 1995. PRE REQUISTES AS TO NATURALIZATION Applicants must meet the following conditions: Legal capacity, according to Brazilian law. Registration as a permanent resident of Brazil. Proof of uninterrupted residence in Brazil for at least four years immediately prior to lodging the application. Ability to read and write Portuguese in a manner commensurate with his or her possibilities. Exercise of a profession or own sufficient property for support of self and family. This condition is met if the applicant: receives a pension for work done in Brazil, or is a student up to the age of 25, or is married to a Brazilian citizen, or shows proof of support by a parent, relative or descendant who has enough resources to meet the legal requirement's for the applicant's support. Proof of good behavior. Absence of any denunciation, indictment or sentence in Brazil for a crime punishable, in principle, by more than one year in prison. No income tax debts in Brazil. Good health. (No proof of good health is required from a foreigner who has continuously resided in Brazil for more than two years immediately prior to the date the application is lodged.) ABSENCE FROM BRAZIL AND PERIOD OF INTERRUPTION The required four year period of residence is not considered interrupted by trips abroad, provided that the motive for such trip is considered relevant by the Minister of Justice and that the total sum of the periods of absence from Brazil does not exceed eighteen months. REDUCED PERIOD OF RESIDENCE The required four-year period of residence may be shortened to, if the applicant: One year: has a Brazilian child or is married to a Brazilian. One year: has a Brazilian parent; One year: has rendered or is in a position to render relevant services to Brazil, at the discretion of the Minister of Justice. Two years: is eligible because of professional, scientific or artistic ability. Three years: owns property of expressive value in Brazil; is an industrialist, owning expressive resources; or owns expressive paid-in shares in any corporation specially and permanently active in industry or agriculture. So, what are the advantages and disadvantages / rights and obligations surrounding acquiring Brazilian citizenship? On the plus side: The right to vote and run for public office (with some exceptions for highest offices). The right to apply for public service jobs / enter concursos. The right to obtain a Brazilian passport. The right to all services that are provided free of charge to Brazilian citizens because of age or disability. The right to enroll in government programs that are restricted to Brazilian citizens, "Minha Cada - Minha Vida" or "Bolsa Família" for example. On the minus side: Regardless of any other citizenship you will be required to enter and exit Brazil using ONLY a Brazilian passport, so you must obtain one. Regardless of any other citizenship while in the country you are considered first and foremost a Brazilian citizen, subject to all Brazilian laws, and if something goes wrong you cannot fall back on your other citizenship for any kind of protection. Your home country will probably not want to get involved in trying to help you if you've naturalized and then seek help because of some serious legal problem as they would if you were not a citizen. Military service is obligatory so while it may not effect you, if you have any Brazilian born child they will be obligated to serve in the military upon reaching 18 years of age. Depending on your home nation's citizenship laws, you may automatically lose (or be required to renounce) your citizenship should you choose to naturalize in Brazil. Voting in Brazil - since the vote is obligatory you will be required to vote or justify why you did not do so. There are penalties and loss of certain civil rights for those who fail to vote. Naturalized citizen or not, there are always those Brazilians who will still consider you a foreigner or "outsider". Xenophobia does exist here in Brazil to a great extent depending on where you come from. So, now you know the facts you can make an informed decision on whether or not you want to naturalize in Brazil. ***************************************************************************************** Further tax considerations surrounding Brazilian citizenship (added May 17, 2015) It is especially important for individuals who are nearing or have reached retirement age to find out if their country of origin has a bilateral Tax Treaty with Brazil, and to find out all the ways that Treaty will impact on your retirement income. For example, under the Canada/Brazil Tax Treaty my Canadian Pension Plan retirement benefit payments are only taxable in Canada because I am NOT a Brazilian citizen. That means I am still able to avail myself of all the considerable tax benefits that Canada offers me. Under normal circumstances a non-resident of Canada is subject to a 25% withholding tax on income, this satisfies ALL tax liablity on that income and eliminates the need for filing an annual T1-General Income Tax Return. However, one would not therefore be entitled to any refund should that exceed the amount actually owed in taxes had one filed a return. In such cases one can submit an NR-5 form requesting a reduction of the withholding tax (under specific conditions) and begin to file an annual T1-General and claim under Sec. 217 of the Income Tax Act. So in my case, the withholding tax was reduced from the standard 25% to only 10%, and because my total income is less that the annual Basic Personal Exemption even that is refunded to me at the end of the year when I file my T1-General. I pay ZERO taxes. However, if I had naturalized as a Brazilian citizen the Treaty provides that my pension income would be taxable ONLY in Brazil. I would not therefore be entitled to any of the substantial tax benefits that my Canadian citizenship would otherwise offer me. The taxes in Brazil are on an incrimental scale up to 27% and I have no idea how much I would otherwise end up paying in taxes on my Canadian pension, however I am certain I would not get off with ZERO tax liability as I do in Canada. Permanent Residents who are citizens of countries that do not have a Tax Treaty with Brazil could end up being taxed twice on their pension incomes since they are required to declare any foreign income earned as part of their "worldwide income". So this is something to watch out for. Cheers, James Expat-blog Experts Team

Last activity 08 December 2019 by Donstanley

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256 replies

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Ramin_upcNew member11 January 2016 10:47:10

#241

Hi Hashem,

i have applied for visa they called me two days later and asked me if my wife is pregnant, they also request a letter from doctor state that she is on what week on pregnancy, also they asked if I would like to deliver baby in Brazil.

Is this the same happened with you once you have applied for visa ?

Awaiting for your answer, Regards.

nasir_acc80Active member11 January 2016 11:06:26

#242

Strange, they did not ask to me even i apply 2 times visa with my family.

Hashim777Active member11 January 2016 14:09:00

#243

hi ramen
well nothing as such as nasir replied
what happened then after they asked .?
hashim

Ramin_upcNew member11 January 2016 15:41:34

#244

They asked either she is pregnant or not ? I said yes.

If she is pregnant or not we require medical certificate stating that she is in good health. (She said)

Also, they asked do you want to deliver your baby in brazil? My answer was no.

What is the week of the the pregnancy? I said almost 7 month.

Well i will give them the letter and will update you.

Regards.

Hashim777Active member11 January 2016 16:07:05

#245

hmm
hope they give the visas .... all the best ...
regards
hashim

Hashim777Active member20 January 2016 13:42:30

#246

hi to all
i got my and my family CIE card yesterday . i was checking online and it got updated day before yesterday so tried my luck of going to policia federal and ask for the card (i didn't receive any email from them ) and fortunately i got it .... (in 45 day after applying my permanency) .... i even got my passport stamp with permanency which the agent on the first day didn't . thanks to one of my friend who speaks good Spanish and manageable Portuguese... literally he convinced the girl on the counter about the card arrival and the stamp on the passport. and thanks to another friend who took care of everything the day i applied for visas .... above all thanks to James whose suggestions and informations help million people on the blog .
thank you

Ramin_upcNew member20 January 2016 14:15:40

#247

Here you go, All the best Hashem.

All for BrazilNew member24 February 2017 11:57:42

#248

Hello James.
Can you help with this explanation as I believed that you have done or know someone who had done the same process and procedure for naturalization in Brazil;

Unidade Descrição
DIPROT Conclusão do processo na unidade

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ZiadsorMember02 June 2017 11:18:59

#249

I applied for RNE and got the number. However, still waiting for the Card. Would i be able to travel out of Brazil and back again?

jland912Serial expat03 June 2017 03:39:54

#250

884

Yes you can. You should notify PF when you leave and how long. In case they need to contact you.

Jim

stanza51VIP Member03 June 2017 11:20:18

#251

283

You can travel in and out using your Protocolo however the usual time limit they give for you to stay outside of the country on the Protocolo is 59 days.

Once you have your CIE (the actual ID card) you must enter the country once within every 24 months in order to keep the CIE active.

Regards

Stanza

ZiadsorMember07 June 2017 22:12:20

#252

Hello Mr. James hello every one

I have permanent residency from born child and would like to obtain residency for the rest of my children.

The mom is legally divoreced long time ago. What procedures would be in this case to have residency for my kids ??

Highly appreciate your assistance

Hashim777Active member07 June 2017 22:27:01

#253

Hi ziadsor
Kindly explain what do u mean by "mom is legally divorced "

Regards

Hashim

ZiadsorMember08 June 2017 01:32:57

#254

Their mother is legally divorced and no longer live together. I got married again and need to obtain residency for my children. What are the procedures in this case?

manar.shanqitiMember02 December 2018 13:06:48

#255

Hello James..

I hope you will be able to reply to my email as its been a long time since you started this conversation.

I gave birth to a child in Brazil and automatically gained the Brazilian citizenship. after that me, my husband and my 5-year-old daughter gained the permanent residency cards. after that we have applied for my 5-year- old daughter for naturalization and we are waiting for her passport to come out. i live in Natal city in the north and police Federal came home to check if we reside there and so on.. its been 7 months now since my Brazilian child was born and i was told by a friend that i can leave brazil without and collect my daughter's passport at a Brazilian embassy in the country im going to. is that right? i did read in your original post about the interruption period not to exceed 18 months. does this apply on us ??

I tried to click the links you provided to read more about this but they are not working

thank you

Manar

clubworld360Member07 December 2018 02:49:34

#256

Hello,

We are planning on giving birth to our child in Brazil also. How was the delivery? Did you already get your permanent residency? How long did they say it would take to get your citizenship? Thanks in advance.

DonstanleyMember08 December 2019 04:39:11

#257

Please after Portuguese language cerficate text, is there any other text from police federal for naturalizations

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