Brazilian passport through same sex marriage

In order to obtain a Brazilian passport you first need to naturalize as a Brazilian citizen. Ordinary Naturalization for those married to Brazilians or who have a Brazilian child has a required, but reduced waiting period of ONE YEAR (normally 4) from the time you were granted permanency.

You must still meet all the requirements for Ordinary Naturalization, which includes passing the CELPE-Bras test of fluency in Portuguese.

For more information on naturalization see the following Ministry of Justice page:

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

Just be advised that as part of the process of naturalization, you must sign that you renounce any additional citizenship you may have. Don't be too alarmed about this, it is strictly pro forma and has no force outside of Brazil. It essentially means that while in Brazil you are considered ONLY to be Brazilian, you cannot then fall back on any other citizenship and the protections it might otherwise offer you. For example, someone convicted of a crime and sentenced to jail could not plead for clemency or prisoner exchange to their homeland.

Once you've been granted citizenship then you can apply for a Brazilian passport through the Policia Federal. Also once you are a citizen you actually MUST obtain a Brazilian passport, since you would only be able to enter and leave Brazil using only a Brazilian passport. You would enter and leave the UK using only your UK passport. Travel to any OTHER county you can choose to use whichever passport would be most beneficial to you.

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks William. Does the one year waiting period for naturalisation start from Sept 2014 when I got my permanency VIPER or from Dec 2014 when I will be legally married under UK law?  Also, do I have to register the UK marriage in Brazil?  If so how?  Thanks again.

If it were Ordinary Naturalization by itself it would start from September when you received permanency, but that's the 4 year rule.

Since you're going to apply for the reduced waiting period based on marriage then it will almost certainly start from December when you actually marry.

Ok thanks. Do you think foreign same sex marriage (properly so called) will work for Brazil naturalisation purposes, and do I need to get the marriage registered in Brazil or registered at the Consulate in London?  Cheers

Same-sex marriage is now legal in Brazil and same-sex civil unions are easily converted to marriages here now too.

Yes, you will need to register any foreign marriage (same-sex or heterosexual) at the Consulado-Geral do Brasil in the UK, and once here in Brazil you will also need to register it with the 1º Oficio de Registro Civil either in Brasília or in the Brazilian city where you will reside (your choice), this will be what gives the marriage legal force in Brazil.

Really appreciate the advice and the swiftness!  Thanks

William,

Do you have any more information on the Portuguese language proficiency test for Naturalisation?  What is the level of proficiency required and what is the form of the actual language proficiency test?  Thanks for any help

As far as I am aware they accept the lowest level certificate of passing the CELPE-Bras test of proficiency in Portuguese administered by the Ministério de Educação. The courses are generally offered twice a year everywhere in Brazil (well at least bigger cities) and you can find the agenda on the internet

William,
I have been looking at the law on period of residency in Brazil for marriage which is one year under Art 113 of Lei 6.815/80 reduced from 4 years under Art 112.  But Art 112 sub paragraph 3 says the relevant period of residency in Brazil runs for the period immediately preceding the application for naturalisation. So on my reading even if my marriage is less than a year old, and even if my CIE is less than a year old, as long as I have been resident in Brazil for more than one year I qualify.  My CIE was issued on 1 October 2014, but it states that I entered Brazil in April 2013. So presumably I have been resident since April 2013, so more than the one year requirement.  Do you think then that I can apply immediately for my naturalisation, or will I have to wait for the one year anniversary of the issue of my CIE?  Cheers

Not exactly so...   the definition that the government attributes to "RESIDENT" is an individual who has been granted Permanência Definitiva, it is only from that moment that "residency" legally begins. Remember that we're not talking about the dictionary definition of the word, but rather the interpretation of the legal term as it applies to immigration, they are quite different.

For example, an expat transfers to Brazil from his position with a multinational company in his homeland. He's here for 2 years on a VITEM-V Work Visa. While he truly does "reside" in Brazil in terms of the law he is NOT a "Resident" nor is he even a "Provisional Resident", he's simply permitted to remain in the country on a temporary basis, while the conditions that gave rise to granting the visa continue to exist and it is renewed as necessary. After 3 years on a VITEM-V one may request transformation to a VIPER Permanent Visa. If granted the "Residency" of the individual does not pre-date the VIPER being granted. The clock only starts running once the VIPER is published in the DOU.

As such until you have held the VIPER for one year  which gives rise to legal residency, the grounds for naturalization did not previously exist you cannot go back beyond the VIPER process. The marriage and VIPER process are what gives grounds for the reduction of the waiting time and for subsequent naturalization. Without those in place there is no basis on which to even apply for naturalization. Just ask any lawyer, he or she will confirm exactly what I've told you.

Also don't forget, while there is a Constitutional right to Permanency in certain circumstances such as marriage, there is never any Constitutional right to citizenship except through birth or blood line. Naturalization is ALWAYS an act that is purely at the discretion of the nation granting it.

Cheers,
James

Thanks William.  I think you must be right on this (as usual!) I'll have to wait .....