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Divorce (Permanent Visa)

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LilythEster

Hey everyone,

I have a question for a friend who's not part of expat.com. He (part of the European Union) got married to his husband (Brazilian Citizen) last year, he got his permanent and unfortunately, for unreconcilable differences, they split early this year. He was wondering what it means for him now to reside in Brazil if they got a divorce? Does anyone have any resources or recommendations for lawyers who deal with this type of thing?

Thanks so much!!!

jland912

Lilythester

Unless something has changed under the new process he can keep his permanency. Divorce has no bearing on it.

Jim

abthree

jland912 wrote:

Lilythester

Unless something has changed under the new process he can keep his permanency. Divorce has no bearing on it.

Jim


That's my understanding, too.  If they had split before the process was completed it might have made a difference,  but after he was granted permanency, he's in.

Cejames

I am going through the same problem now and am currently going through a separation. We have been living together for 3 years and I was given a permanent resident visa based on stable union. She is telling me she is going to the PF to get my visa cancelled so I have to leave Brazil because I gained the permanence because of her. I have made this my home now and am deeply rooted in. I have never broken any laws.
Any new clarification on the new laws and is this highly possible.

LilythEster

To my understanding, once you get a permanent visa, you get a permanent visa, your marital status doesnt change that. But I recommend getting a lawyer to make sure that you have all your options taken care of. Also I'm pretty sure she has no power in cancelling your visa. Your visa was granted because of your relationship with her but the STATE granted your visa. Not her. I recommend getting a lawyer that specializes in immigration.

stanza51

Overall the Brazilian spouse doesn’t hold any power over the process of the cancellations of the RNE.

if the person is really evil then they can make a sworn declaration stating that they only got married for the permanency and all and give it to the Policia Federal.

However this will effect both parties and even then the burden of proof will be on the complainant

Hope this helps

Regards

Cejames

Thank you for the info. Kind of what I was thinking also.

stanza51

anytime :)

GuestPoster367

Hi everyone
good afternoon......
I have one friend, who is not part of this forum. He was married to Brasilian lady. He got his permanent residence on marriage basis. Only 4 days was left to complete 5 years of marriage, they divorced. His wife taken his CIE card. After she told she had lost it, along with his debit card. He gone back to his home country. But without his CIE Card. At departure, he told about this matter to agent from Federal Police. They told him to make online report for loss of CIE Card. Also put exit stamp on his new passport, with duration of two years. They told him as you are permanent residence, also have stamp by Federal Police as permanent residence. You can come back within two years. Divorce not end your right of permanent residence. But immigeration at home country not let him board flight. Insisting on original CIE card. He only had online police report, along with photo copy of CIE. He also showed e mail from embassy, that he can travel back, as already holding permanent visa, but nothing work in his favour. After contacting embassy. Counselor told him to   apply for visit visa. Which he did already. Now question is if embassy will issue him tourist visa to enter Brasil? Or there is possibility of denying visa to permanent residence holder?  What is the solution for his problem.
Thanks to all. I hope with your help. I will able to clarify him about his situation, also what step he needs to take in future.

GuestPoster367

Hi!
According to the practical information I had from Policia Federal is:
They cancel the permanent residency if they know that the divorce was affirmed. (averbacao de divorcio).

I know a very close friend who got denied his entry to Brazil by federal police because he had already divorced, his status of permanent visa was already cancelled in the system of Policia Federal.
This person was entering to Brazil to continue his Postgraduate studies, as he had a full scholarship. He went to his home country just to visit the family. He did not know that his Permanent RNE was cancelled, while he was handling RNE card in his hand. At immigration, Policia Federal collected his RNE and denied the entry.

The Policia federal came to know that he was a legitimate student, they denied his entry and asked him to come to Brazil based on a student visa to study. This person showed me his entry refusal letter as well as Permanent RNE cancellation letter issued by Police.

Now, I know that Permanent visa can be cancelled upon registered divorce. If you are already in Brazil, don't go anywhere without regularizing your status, otherwise, you can get in trouble.

I hope this helps you.

Thanks

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