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DeeWhy

Hi all,

This blog has been helpful in answering a lot of my questions thus far but I was hoping for some clarification on a couple of requirements for applying to a permanent visa for Brazil please.  Currently I hold a tourist visa but now that my Brazilian spouse and I have a marriage license, I am looking to change my visa to a permanent visa and live with her in Rio.

1.  Submission of Permanent Visa.  Law allows submission in either US or Brazil.  Blog indicated easier process if done in home country.  Why?  What are the benefits in terms of cost, time, etc?

2.  Proof of Jurisdiction requirement.  For which country?  I have only IDs and bills for my US residence.  I can't have this for my residence in Brazil because I'm not a citizen with a national ID.

3. Translation of Permanent Visa documents.  I assume this is valid if I begin the process in Brazil and not the US. Is that correct?  And this includes ALL documents?

Thank you all much in advance for your help!

James

Actually the process is now much easier if done in Brazil, and if all the paperwork is in order at the time of your application for "permanência definitiva" you are granted permanency immediately and need only wait for the ID card (Cédula de Identidade Estrangeiro) to be produced. See the following topic for more information on this:

https://www.expat.com/forum/viewtopic.php?id=403321

By "marriage license" I presume that you actually mean Marriage Certificate, or at least hope so. They're quite different and you must have a Marriage Certificate to apply.

If you married in the USA, your spouse is going to need to return there and register the marriage with the Consulado-Geral do Brasil that has jurisdiction over the city where your marriage took place. Note that ONLY the Brazilian citizen can register the foreign marriage. And once back in Brazil the marriage must also be registered in the 1º Oficio de Registro Civil (either in Brasília or in the city where you will reside). If the marriage took place in Brazil then you submit the Marriage Certificate you received from the Cartório here.

Documents Required for VIPER Permanent Visa Application

1.     Completed application form, signed by the applicant.

2.     Clear and legible Certified copy of applicant's passport (ALL PAGES - even if blank) or equivalent travel document.

3.     Clear and legible Certified copy of applicant's Entry Card.

4.     Certified Criminal Record Check / Police Conduct Certificate issued in country where you reside, may not be more than 90 days before submission or not considered valid. This document must also be "legalized" by the Consulado-Geral do Brasil in the country of issue. If you have no criminal record at all you may ask to sign a "Declaração Sob Pena da Lei de Nada Consta"

5.     2  3 cm X 4 cm color photographs of applicant (on white background) Note: sunglasses or eyeglasses which might reflect light/flash must not be worn in these photos

6.     International certificate of vaccination (if requested)

7.     Clear and legible Certified Copy of Birth Certificate (if requested) or Marriage Certificate in the case of married women.

8.     Proof of address (in Brazil) - phone/electric/water bill

9.     Bank receipt for payment of visa fee (GRU - Guia de Recolhimento da União)

10.    Any other documents that may be requested by the Federal Police.

NOTE #1:  If you are required to provide any kind of DECLARATION, these must be have the signature of the declarant certified by the Cartório (Reconhecimento da firma por autenticidade - ONLY; note that there are two different kinds of "reconhecimento" so make sure you specify the right one, this is also the more expensive of the two types, the declarant must appear in person at the Cartório and produce identification).

All documents produced in ANY language other than Portuguese MUST be translated by a notarized translator. If applying in Brazil they must be translated in Brazil by a "tradutor juramentado" in Brazil or by the Consulado-Geral do Brasil (much more expensive). It doesn't matter WHERE you apply since all documents come back to Brazil so must be translated.

The benefit of applyiing in Brazil is you get permanency immediately, you are able to obtain your work permit and to work. If you apply abroad then you must wait until the VIPER Visa has been issued before you can enter the country.

Cheers,
James       Expat-blog Experts Team

DeeWhy

Thank you.  This sounds easier than I previously understood!

2 more follow ups please?

1)  you said the following: If you married in the USA, your spouse is going to need to return there and register the marriage with the Consulado-Geral do Brasil that has jurisdiction over the city where your marriage took place.
> We did marry in the US but as we are back in Brazil, can we take our marriage certificate to Consulate Office in Brazil to do this?

2)  proof of address in Brazil.  I assume this is only for the spouse who is a citizen of Brazil?  (Sorry if this seems obvious, my intention is to thoroughly understand.)

James

To answer your two questions:

1.  No, the foreign marriage must be registered in the Consulado-Geral do Brasil in the country where it took place whenever possible. The exception is where the couple married in a third country (i.e. not in Brazil and not in the country where they presently reside). Under such circumstances the foreign Marriage Certificate must be "legalized" by the Consulado-Geral do Brasil in the third country, then the Brazilian spouse can register the marriage at the Consulado-Geral do Brasil in the country where they now reside. This MUST be done in person and can only be done by the Brazilian spouse. There is NO mechanism to register a foreign marriage within Brazil.You could of course get married again here in Brazil if you wished to go through all that trouble and mountain of bureaucracy, but it will probably be cheaper and quicker for your spouse just to go back to the USA and register the marriage.

2.  No, the proof of address in Brazil is for the non-Brazilian spouse. It can take the form of any utility or telephone bill in your name. You would first need to take your passport and go to the Receita Federal nearest you and apply for a CPF number (individual tax number), they issue them right away. Then you can arrange for a cellular telephone account in your name. If you are renting here in Brazil and have a rental contract that shows your name, that too will suffice. If living with your spouse's parents for example then they can provide you with a "Declaração Sob Pena da Lei de Residência" and you attach a copy of their utility bill to it. The declaration would need to be notarized in the Cartório.

If you need a copy of the declaration I can give you the necessary text as a model in a private message. Just let me know. It's quite specific and must be exactly in the way shown.

Cheers,
James      Expat-blog Experts Team

DeeWhy

Hi James,

Do you know if I have to have a bank account in Brazil to set up a bill in my name?  I just received my CPF ID/card and I am wondering "what" kind of bill is valid for proof of address since the phone/electric/water is already in my roommate's name (though we are exploring changing one in my name). 

8.     Proof of address (in Brazil) - phone/electric/water bill

Thanks again-- your information has been so helpful as I go through this process.

James

Any utility bill such as water, electricity, gas or telephone will satisfy the requirement. If the proof of address is for the Federal Police or the Cartório for marriage you may likely be able to do a Declaração Sob Pena da Lei da Residência instead. It is valid for almost any purposes EXCEPT to open a bank account, which you can't do anyway unless you are a permanent resident.

With the declaration, you fill it out and you can annex a utility bill with your current address (preferentially in your spouse's name) to it and then take it to be notarized at the Cartório.

If you can change one of the above bills to your name, then so much the better.

If you want a model of the Decalarção, then send me a private message with your e-mail address (please do not post your e-mail address here) and I will send you a copy that you can fill in and print off.

Cheers,
James

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