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Getting married in Brazil, Permanent Visa and documents required

Last activity 20 May 2022 by yvanmadoda

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cupofjoe

Sorry, I don't have a form for the single declaration.

But as for the work permit, I believe you can only get that once you apply for the permanent visa,

stevefunk

Haha ....they don't exactly "give" you a carteira de trabalho.....you have to chase it down , go to the relevant department, book an appointment , etc etc
It sounds like they are messing you around telling you to write up your own forms

James

Hello dan001,

The certified copy (cópia autenticada) of your passport can be done at any Cartório. For the marriage process you should only need to make copies of the identification pages and your current visa and entry stamp pages.

The certified copy that you will use for the permanency process with the Policia Federal must be of ALL pages of the passport (including blank pages). The stupid part of that is they will probably toss the blank ones out, or give them back to you, but the legislation requires all pages. Depending on the Cartório they may charge you for each single page, so while they'll copy the passport open (2 pages) at once they'll charge as each single page just to charge as much as possible. The copies should be made at a Cartório in Brazil (not some other country) since they use a seal here and won't understand a stamp used anywhere else.

You don't need to get the passport itself certified (in fact that's not even possible). Obviously the person at the Cartório hasn't the first clue as to what they're talking about, or you simply misunderstood what they were saying. If you still get the same runaround, then try speaking to somebody else, or even go to another Cartório to get married.

The documents that must be legalized by the Consulado-Geral do Brasil in the country of issue, and 180 day limit applies are your Birth Certificate, Divorce Certificate (if applicable), Single Certificate. They must ALSO be authenticated by Consulate General of Canada in Brazil. I believe that there is still an Honorary Consulate of Canada in Belo Horizonte, if it no longer exists then you'll need to get it done in São Paulo.

Cheers,
James    Expat-blog Experts Team

MGR BRAZIL

Was talking about the declaration that your not seperated from your spouse and the criminal record declaration but thanks anyways. So can only work after i get permanence then, sigh.

MGR BRAZIL

So its a seperate process getting the carteira after the permenance then?sounds great. I called the police and they told me to make on my own. Will go in person next week am sure will tell me something else. That place is a joke.

cupofjoe

MGR BRAZIL wrote:

Was talking about the declaration that your not seperated from your spouse and the criminal record declaration but thanks anyways. So can only work after i get permanence then, sigh.


That form is the criminal record declaration.

cupofjoe

MGR BRAZIL wrote:

So its a seperate process getting the carteira after the permenance then?sounds great. I called the police and they told me to make on my own. Will go in person next week am sure will tell me something else. That place is a joke.


Yeah, it's a separate thing. The federal police will give you a paper that you're supposed to take to the Ministeira de trabalho. If I remember correctly, you're supposed to show up at the Carteira de Trabalho with copies of your cpf, proof of address, the protocolo that the federal police will give you, the paper stating that you can work (sorry, don't know the name, but the fedral police give it to you), and also two photos. Doesn't hurt to bring your passport as well.

stevefunk

What kind of work are you planning to get , just out of curiosity?
It's not like it's exactly easy for a foreigner to find official employment here , and most of the type of jobs that will employ a foreigner don't seem to really care if you have a carteira or not.

stevefunk

The form they give you is called a SINCRE , it's just an official copy of your details on the federal police system from what I can see.

James

The Declaração Que Não Se Encontra Separados (model) can be found here:

https://upload.wikimedia.org/wikipedia/ … ireito.pdf

You will need to change the name of the Superintendência Regional to that in your state.

Cheers,
James    Expat-blog Experts Team

sharkster1

I got married to a Brazilian girl in Brazil in September. I am now applying for permanencia. I am wondering if I need to notify the US embassy that I got married? Thanks!

James

sharkster1 wrote:

I got married to a Brazilian girl in Brazil in September. I am now applying for permanencia. I am wondering if I need to notify the US embassy that I got married? Thanks!


You can, but it's not necessary.

Cheers,
James    Expat-blog Experts Team

dan001

Thanks again James for the info.

According to the Brazilian consulate I can get my passport certified in Canada by getting a copy Notorized by a public notary in Canada, and then legalized by the consulate of Brazil in Canada.  This means I don't have to wait to do it at the cartorio.  Since my fiancee may be doing this in my absence it will be better side I will be able to just mail all the documents to her along with a letter, according to the cartorio, that I authorize her to do this in my absence.

We called the cartorio again about the birth certificate and they are insisting that the date of the birth certificate needs to be within 90 days of brining it to the cartorio.  This means I have to get the birth certificate, legalize it at the consulate, and then bring it to the cartorio before the 90 days are up or I have to do it over again.  This makes no sense, and is completely different than what is being said on this forum.  I will also ask the Brazilian consulate this when I pick up my legalized birth certificate.  If it's true (90 days) then I have to start this whole process over again and order/expedite a new birth certificate since the old one is dated just over 90 days ago.

It was mentioned that it is somewhere in Brazilian law about the 180 day thing for the birth certificate and as long as the birth certificate is legalized by the consulate it doesn't have an expiry date.  Is there a Brazilian government website where I can read this somewhere?  Basically, if we can find this referenced somewhere (Federal Police website or other Brazilian government website) we can go to the Cartorio with it and say.... "No, the birth certificate is valid... it was legalized by the Consulate within 180 days of issue.. read this on the Brazilian government website...etc"....

James

Hi Dan,

Despite what the Consulado says, I'd strongly advise you to wait and get the copies certified here in Brazil at the Cartório. Here in this country the Cartórios are like a whole new world of bureaucracy unto themselves and the Consulado should know that. Most will stick strictly to the book and many will even invent their own rules just to cause problems and cost more, but none of them are going to accept certified copies of documents made in other countries, they won't understand because here in Brazil certified copies get a holographic seal and can be verified online, that's what they are going to want to see.

Cheers,
James    Expat-blog Experts Team

dan001

Thanks, I'll keep that in mind.  The certified copy is already done here, so we can try it, and if it doesn't work, we will do it the other way.  I'll share with the group if it worked or not.

Any thoughts on the 180 day birth certificate certification thing I asked about?  I'm wondering if there is a website somewhere from the Brazilian government that explains this, so that we can give it to the Cartorio.

James

The 180 day rule applies to foreign documents, such as Birth Certificates, that must be legalized by the Consulado-Geral do Brasil. Once the document is legalized it will remain valid (theoretically) for an indefinite period. That really usually applies only to the marriage process at the Cartório.

Cheers,
James    Expat-blog Experts Team

dan001

Thanks.  I understand that.  Is this written online somewhere (Brazil gov website or Federal Police website), so that we can verify this part of the law or rule?

James

Not that I'm aware of, but that is the practice. I can tell you from personal experience that it is the case. During my permanency process I had my Certified Criminal Record Check legalized by the Consulado-Geral do Brasil in Toronto and when I finally used it 4 years later, there was no problem whatsoever. The 180 day rule only applies to the period of time between issue of the foreign document and legalization by the Consulate.

Cheers,
James    Expat-blog Experts Team

dan001

Thanks.  The Cartorio is still saying otherwise unfortunately.  We'll try calling another Cartorio and see if their answer is different.  The Cartorio we called says that there is only a 90 day window and the legalized birth certificate has to be in their possession within that 90 days.  So even if it's legalized in less than 90 days, they won't accept it if it's been more than 90 days by the time it gets to the Cartorio.  This goes back to your point about the Cartorio's making up their own rules..  frustrating.

stevefunk

What city is this taking place in....?
Some of the departments in the cities near Sao Paulo are almost first world in my experience , but it gets worse the further away you go

I got my permanent outside of Brazil at the consul
I'm sure my certificate was about 6 months old and I didn't need it translated either
Although it's quicker now to get a permanent visa in Brazil it seemed easier to get it outside of the country

James

The Cartório staff you're dealing with is either totally incompetent or is deliberately trying to create problems for you, possibly in order to jack up their fees.

If you're not having any success then your best alternative is to demand all your documents be returned and go to another Cartório, preferably in another city, but it won't hurt to check with one in the same city to see if your documents will be acceptable to them.

This is an ongoing problem with Cartórios here in Brazil. They love to make up their own rules as they go along and nobody is willing to admit THEY might be wrong. Once they make a mistake they stick with it.

Cheers,
James    Expat-blog Experts Team

James

Here is the webpage for legalization of document at the Consulado-Geral do Brasil in Toronto:

http://toronto.itamaraty.gov.br/en-us/l … eneral.xml

You will not that, in fact, there is absolutely nothing at all in their information that even refers to the 180 day rule. I have had many members tell me that they've submitted Birth Certificates that they've had for years to the Consulate, and they've been legalized without any problems whatsoever. These very same members have then used those legalized Birth Certificates to get married at Cartórios all over Brazil.

If you read this information, it is very clear that once legalized by the Consulado, the document has legal effect in all national territory of Brazil. The Catório has no CONSTITUTIONAL right to refuse it.

Go to another Cartório and get married, because it sounds like it will be just a nightmare from start to finish with the one you're dealing with.

Cheers,
James    Expat-blog Experts Team

dan001

Thanks James.  We've tried 2 different Cartorios in BH and they are both saying the same thing. We will try a couple more and see what they say.  There are some cities just outside Belo Horizonte we will call too.

James

Minas Gerais is one of the worst states in Brazil in which to get married, I can tell you that from my own personal experience. I lived in Belo Horizonte and ended up getting married in São Paulo because the Cartórios there were a thousand times easier to deal with and much more competent.

Sorry if this comes across as offensive to anyone, but you just can't tell a Mineiro that they're wrong, even when they are!!! It does absolutely no good. You're wasting your time with the Cartórios there, trust me. Been there, done that, went elsewhere before it was too late.

Cheers,
James     Expat-blog Experts Team

James

When I got married in São Paulo the only documents that were submitted the Cartório de Registro Civil e Pessoas Naturais (Comarca Jaraguá) were the following:

1. Original long form Ontario Birth Certificate (Registration of Birth) that was legalized by the Consulado-Geral do Brasil in Toronto within the 180 day requirement. By the time it was submitted to the Cartório it was well over six months since it was issued. So I know that the Cartório in BH is full of it. The Birth Certificate was also authenticated by the Honorary Consulate of Canada in Belo Horizonte and translated by a sworn translator (tradutor juramentado) in BH.

2.  Original of my British Columbia Certificate of Divorce, legalized, authenticated and translated as above.

3.  Valid Canada passport and current visa pages, and Entry Card. Certified copies made in a Cartório in BH. The passport DID NOT need to be legalized by the Consulado-Geral in Toronto or translated.

4.  Power of Attorney (procuração particular) for the lawyer to make the arrangements for the marriage with the Cartório in my absence. I only went to São Paulo on the day before the wedding.

5.  Brazilian partner's Certidão de Nascimento about 180 days since issued in Bahia

6.  Certified copy of her Registro Geral.

7.  Certified copy of her CPF.

8.  Certified copy of proof of address in Brazil.

The reason I flatly refused to get married in Belo Horizonte, where I lived at the time, was the fact that they didn't have a clue about what they were doing, and that they were asking for a whole ream of additional documents that ARE NOT required by law in any other state. The reason I chose São Paulo over Rio de Janeiro was that the rules in Rio were just about as crazy as in Belo Horizonte and they even required that my Birth Certificate be registered at the 1º Oficio do Registro Civil in Rio (at a cost of R$300) before they would accept it. Also something else that is NOT in the law, since legalization at the Consulado-Geral do Brasil is what gives foreign documents legal effect in Brazil. This is Rio's way of milking more money from expats.

Getting married in Brazil is a bureaucratic nightmare, but you must treat it like making a major purchase... shop around, get the best price, and the least complicated process even if you have to look to other states in order to do that.

Cheers,
James    Expat-blog Experts Team

Cheers,
James   Expat-blog Experts Team

dan001

Thanks!  I picked up my legalized birth certificate at the consulate in Toronto today.  I asked her all about this situation, and she said the cartorio in Belo Horizonte is wrong.  Once the birth certificate is legalized at the consulate and officially translated in Brazil it is legal in Brazil.  That's the same as everyone is saying here.  She told me to try again, and we will.  90 days applies to residents of Brazil she said, and the birth certificate for them has to be within 90 days to prove they are not married. 
As long as I have my marriage search legalized (proof of being single) and legalized birth certificate (as well as the other docs), there shouldn't be any problem.  She also said that the law cartorios follow is the same for all cartorios.  She seemed to find it slightly humorous, but didn't lead on too much. 

All this information, of course, won't help me if the Cartorio continues to be stubborn.  We will tell the Cartorio all of this info when we go again.

I disagree with your assessment of Mineiros though.  That hasn't been my experience at all.  I find the people of MG to be relaxed, very nice, and easy going people.  Though, I have no specific dealings with the Cartorios directly there myself.

James

I'm glad you got things sorted out. Let's just hope that you'll find somebody at the Cartório who will listen to reason.

Cheers,
James   Expat-blog Experts Team

dan001

Thanks.  Any hints (or another forum post) on the fine print for the marriage agreement when you get married in Brazil.  I understood 3 options.  1) Everything you owned (even house) that was owned individually prior to marriage is still yours incase of divorce.  Only things that have been accumulated since will be considered.  2) Everything, including possessions prior to marriage are considered in case of divorce.  or 3) A custom agreement.

It seems pretty straightforward, but I guess there is always fine print.  Also, how does this work, assuming you also marry in the other spouses country of origin (Canada) and plan to and live exclusively there?  If the marriage agreements are in conflict with one another between the 2 countries how does that work?  Does anyone know where I could get more information about this?

azarudeen.abdul

Dear james, Good day !

How are you? After long time . Now I am going to start my naturalization process. Could please clarify my doubts.
1.) For naturalization I need to make any  prior  appointments . If so with whom with (federal police or ministry of justice)
2.) When and where  I have to make my portugues test
3.) How long time this process  take place ?
4.) How much it cost do complete this process.

Regards.

James

Hi,

While it is the Ministry of Justice that handles citizenship cases, you must apply through the Federal Police (just like permanency).

See the link below for more information about ORDINARY NATURALIZATION: 

http://www.justica.gov.br/seus-direitos … uralizacao

I don't see anywhere on the DPF website where you can actually schedule an appointment for naturalization (just for permanency) so I guess that you just get all the documents ready and then go there to see. You may want to make a trip there ahead of time and see if you can schedule. The application form can be downloaded and printed off here:

https://www7.dpf.gov.br/web/formulario/ … _comum.htm

The only fee that I know about is the GRU fee for the application itself, it is Código da Receita STN - 140058 PEDIDO DE NATURALIZAÇÃO R$296,64 and you go into the DPF website, click on GRU in the menu to generate that GRU exactly the same as you did for premanency.

As far as any other fees I really guess it will just be cartório, fees for copies, etc. And regarding the fluency in Portuguese, depending on the DPF where you apply they may require a certificate from the CELPE-Bras course or they will give you a test of their own.

I understand that the process takes around a year from the time you apply.

Cheers,
James
expat.com Experts Team

azarudeen.abdul

James. Once I applied with this naturalization process. Is it Possible I can travel  outside of brazil. Is this make my process delay or any interruption arise?

Regards .

James

You can travel, however you must report all absences from the country in the year prior to application. I would presume that absences of more than 90 days would likely extend the 1 year waiting period since 1 year of residence is required. Absences during the process probably wouldn't be a big problem provided that they were not prolonged. Also it would be advisable to notify the Federal Police beforehand that you have a naturalization application in progress and plan to leave the country temporarily. Again I think that periods greater than 90 days could pose a problem.

Cheers,
James
expat.com Experts Team

azarudeen.abdul

Thank you for your responses.  Once I done with my application will update you about my status.

Regards.

Jimkey19

Hello ,I have submitted all
My documents to Cartorio.After a long process My marriage day was given last friday.I will be officially married on 25 of January 2016.I have extended my stay here just once and i got another 3 months .My 6 months period will be over by 9 of January 2016.So I will be overstaying here for 16 days.The officials saw my passport and didn't bother with the future based overstaying issue.Well any ideas about that ? Will I  have to face some difficulties?I never applied for RNE before.Please also advise me how to get a work permit after marriage.Cheers .

James

Jimkey19 wrote:

Hello ,I have submitted all
My documents to Cartorio.After a long process My marriage day was given last friday.I will be officially married on 25 of January 2016.I have extended my stay here just once and i got another 3 months .My 6 months period will be over by 9 of January 2016.So I will be overstaying here for 16 days.The officials saw my passport and didn't bother with the future based overstaying issue.Well any ideas about that ? Will I  have to face some difficulties?I never applied for RNE before.Please also advise me how to get a work permit after marriage.Cheers .


No issues whatsoever at the Cartório, they won't even ask to look at your passport or visa again and if they do it will be just to look at the ID pages to confirm who you are.

Once legally married, the Federal Police are obligated to accept your application for permanency even though you are in an overstay situation, since you are considered "inexpulsável". The very worst thing that could possibly happen is that when you apply for permanency they might ask you to pay the small overstay fine (R$8.28 per day), but there is even jurisprudence that states you really don't have to pay it. If they do ask you to pay, don't argue the point with them, it's such a small amount it isn't worth the hassle and risking getting on their wrong side.

Cheers,
James
expat.com Experts Team

azarudeen.abdul

Good day james,

I am on my way doing my naturalization process.  I have one doubt.
They askig me to get last 5 years crimanl record check from my orgin country. . From 2010 to 2012 I was worked in dubai and reutn to india 2012  and stayed there for 1 year.  In 2013 August I moved to work in international cruise ship . worked around the europe and south  American.  In my case I need to get pcc from dubai ? Or only from my orgin country or can i  get certificate from india embassy in brazil.  They accept certificate from india embassy im brazil.

Regards,
Azar.

Hashim777

hi azar !
i have read your post . Please update about the process and the status so far and all the best .
regards
hashim

GuestPoster104

Hi there!!

Pls may u help me, after applying for a Viper through the consulate, how long the foreigner has to enter brazil?

And about docs expiring dates, once at the consulate, will the termo de responsabilidade keep expiring?

GuestPoster104

Sry can I ask why some ppl r leaving developed countries n going to brazil?

James

isabelpecanha wrote:

Hi there!!

Pls may u help me, after applying for a Viper through the consulate, how long the foreigner has to enter brazil?

And about docs expiring dates, once at the consulate, will the termo de responsabilidade keep expiring?


Hi Isabel,

If there is nothing stated on the VIPER itself, then you should have a maximum of ONE YEAR in which to enter Brazil. Remember that once in Brazil you're going to need to register with the Policia Federal within 30 days of arrival. 

Cheers,
James
expat.com Experts Team

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