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Uniao estavel OR marriage? 2021

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SameDame

Hello guys,

I am getting married to my girlfriend in Brazil while I am on a tourist visa. I want to know which is the easier way to get residence permit: is it uniao estavel or marriage?

I saw in other  threads that applying on residence permit based on uniao estavel requires an official document showing that relationship is 1 year old.  And since I just came to Brazil, I obviously don't posses such document. Is there a way to apply for residence permit based on uniao estavel without the rule of 1 year document?

Regards,
Sam

Inubia

My experience generally is that authorities of most governments take a very dim view about any marriages "of convenience" which seem to have as their primary purpose, the gain of immigration or residency rights by one of the participants.

SameDame

Inubia wrote:

My experience generally is that authorities of most governments take a very dim view about any marriages "of convenience" which seem to have as their primary purpose, the gain of immigration or residency rights by one of the participants.


Hello Inubia,

Could I know where did you see that the primary purpose of our marriage is gaining immigration residency. This is a very severe accusation. We want to marry and live in one country; either in my country or in Brazil, then of course we need to go through immigration procedures. Can we marry and live in separate countries? No.
Can we live together without going through immigration procedures? No.
Did you help me with your answer? No.
Did you accuse us with your reply? Yes.
Do you know us? Do you know our conditions? Do you have any information about our relationship? If we have kids or not?
Your answer is very biased. And i don't know why.
Could you please explain. (Or apologize if you are really a decent and polite person)

Regards

abthree

Sam,

You say that you want to get married,  then your very next question is "which is the easier way to get residence permit?"  If Inubia misunderstood your question,  I'm sure he wasn't the only one.

Anyway, you've answered your own question:   getting married is your most direct option, and the one least likely to cause additional complications.

Drjmagic

SameDame,

Please chill!

Inubia is just giving cautionary info.  I read his reply to say "Make sure you have all your documentation in order so it doesn't LOOK like a marriage if convenience."

My experience with this site is thst there are a lot of people here who are giving their time and experience and expertise to help us newbies

SameDame

abthree wrote:

Sam,

You say that you want to get married,  then your very next question is "which is the easier way to get residence permit?"  If Inubia misunderstood your question,  I'm sure he wasn't the only one.

Anyway, you've answered your own question:   getting married is your most direct option, and the one least likely to cause additional complications.


I don't think looking for the easiest way is a mistake or a suspicion. That has nothing to do with that. We always aim to ease bureaucratical complications.
Anyway thanks.
Still waiting for his apologize though

Texanbrazil

Coming in late here. Is your girlfriend Brazilian?
I do not believe you can have a "Civil Marriage"  in Brazil without jumping through many hoops.
You can be married at many Cartieros and they make it official. You then present this document(s) with all other documentation with your application

SameDame

Texanbrazil wrote:

Coming in late here. Is your girlfriend Brazilian?
I do not believe you can have a "Civil Marriage"  in Brazil without jumping through many hoops.
You can be married at many Cartieros and they make it official. You then present this document(s) with all other documentation with your application


Thank you.
But is there any document that should be 1 year old to apply for residence permit ?

Texanbrazil

Is your girlfriend Brazilian?
It has been a while, but I do not recall any having to be 1-year old for me.
That said girlfriend (if Brazilian) may have to show proof she lived her "x" amount of time in Brazil, but during our process, she only had to sign affidavits on her part.
The only limit I recall is the county background check could not be over 90 days old.

There is no "easy" part. All documents must be sworn translated and legalized/apostille. I even had an issue with my birth certifcate which was an original.

Have "thick skin" if these comments get to you, it will be a hard life in Brazil for a foreigner.

abthree

According to the guidance provided by the Polícia Federal (http://www.pf.gov.br/servicos-pf/imigra … ao-estavel), to request permanent residency on the basis of a união estável, you and your girlfriend would have to present either,

1. an official legal declaration from your country that you are in a união estável, or
2. a formal decree of união estável from a Brazilian judge,
3. a declaration by the two of you that you have a união estável, supported by one of the following documents:
    -- proof of economic dependency from the Receita Federal, or
    -- Certificate of Religious Marriage, or
    -- A life insurance policy taken out by one partner, showing the other as beneficiary, or
   -- A title deed or rental contract for residential real estate that shows both names, or
   -- A shared bank account, or
   -- The birth certificate of a foreign child born to the two of you, or
   -- Another appropriate document proving that the couple has a união estável.

SameDame

abthree wrote:

According to the guidance provided by the Polícia Federal (http://www.pf.gov.br/servicos-pf/imigra … ao-estavel), to request permanent residency on the basis of a união estável, you and your girlfriend would have to present either,

1. an official legal declaration from your country that you are in a união estável, or
2. a formal decree of união estável from a Brazilian judge,
3. a declaration by the two of you that you have a união estável, supported by one of the following documents:
    -- proof of economic dependency from the Receita Federal, or
    -- Certificate of Religious Marriage, or
    -- A life insurance policy taken out by one partner, showing the other as beneficiary, or
   -- A title deed or rental contract for residential real estate that shows both names, or
   -- A shared bank account, or
   -- The birth certificate of a foreign child born to the two of you, or
   -- Another appropriate document proving that the couple has a união estável.


Thank you so much!
Do you have any information on how to get the document number 2? Does it need a lawyer and a case in the court?

SameDame

Texanbrazil wrote:

Is your girlfriend Brazilian?
It has been a while, but I do not recall any having to be 1-year old for me.
That said girlfriend (if Brazilian) may have to show proof she lived her "x" amount of time in Brazil, but during our process, she only had to sign affidavits on her part.
The only limit I recall is the county background check could not be over 90 days old.

There is no "easy" part. All documents must be sworn translated and legalized/apostille. I even had an issue with my birth certifcate which was an original.

Have "thick skin" if these comments get to you, it will be a hard life in Brazil for a foreigner.


Thank you TexanBrazil,
May i know in what year did you do this process? Thanks again

abthree

SameDame wrote:

Thank you so much!
Do you have any information on how to get the document number 2? Does it need a lawyer and a case in the court?


You'd need a lawyer, a court date, and probably a lot of time.  It would be cheaper, faster, and simpler to just get married!

GuestPoster302

You can do a união estável in the Cartorio.  It’s roughly the same cost as a marriage, and you have to show pretty much the same documents. 

There’s not an “easier way” in this case, I’m afraid.

SameDame

HaDov wrote:

You can do a união estável in the Cartorio.  It’s roughly the same cost as a marriage, and you have to show pretty much the same documents. 

There’s not an “easier way” in this case, I’m afraid.


Have you already done Uniao Estavel? Was it before or after 2018? Because i think residence permit over uniao estavel requires a 1 year old document.. (see the photo in the link)
https://ibb.co/SyhYDcS

GuestPoster302

No, we did the civil marriage.  As far as I know, this is the same thing; however, it’s only valid inside Brasil.

Current law makes no distinction between civil marriage, religious marriage or stable unions; in fact, the required documents are the same in all cases ( https://www.gov.br/pf/pt-br/assuntos/im … o-familiar ).

The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio”.

SameDame

HaDov wrote:

The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio”.


Thank you so much Sir, are you sure of this last information?

abthree

HaDov wrote:

No, we did the civil marriage.  As far as I know, this is the same thing; however, it’s only valid inside Brasil.

Current law makes no distinction between civil marriage, religious marriage or stable unions; in fact, the required documents are the same in all cases ( https://www.gov.br/pf/pt-br/assuntos/im … o-familiar ).

The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio”.


There is a difference between "religious marriage" and "religious marriage with civil effect".  A purely religious marriage before a member of the clergy without the involvement of a cartório is not legally binding in Brazil.  It can apparently, however, be used as evidence of a união estável.

Most Brazilians who are married in a church have a "religious marriage with civil effect", in which the first steps of a civil marriage are completed at the cartório, a document is then delivered from the cartório to the clergy person to be completed at the time of the religious ceremony, then returned to the cartório for registration.

SameDame

abthree wrote:
HaDov wrote:

No, we did the civil marriage.  As far as I know, this is the same thing; however, it’s only valid inside Brasil.

Current law makes no distinction between civil marriage, religious marriage or stable unions; in fact, the required documents are the same in all cases ( https://www.gov.br/pf/pt-br/assuntos/im … o-familiar ).

The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio”.


There is a difference between "religious marriage" and "religious marriage with civil effect".  A purely religious marriage before a member of the clergy without the involvement of a cartório is not legally binding in Brazil.  It can apparently, however, be used as evidence of a união estável.

Most Brazilians who are married in a church have a "religious marriage with civil effect", in which the first steps of a civil marriage are completed at the cartório, a document is then delivered from the cartório to the clergy person to be completed at the time of the religious ceremony, then returned to the cartório for registration.


Sorry Abthree, but i didn't understand anything of this. Could you explain a little more please? Is the statement of HaDov correct? Is the [The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio”] ?? Is that correct?

abthree

I was responding specifically to HaDov's point on religious marriage. 

You may be able to get a Certidão de União Estável from a cartório; I've never needed one, so I've never gotten one.

GuestPoster302

It’s the same process, same documentation required as a regular marriage, without the bens.  I believe there’s about a R$10 difference in price, and if you want to convert it to a civil marriage later, you can do so.  I’ve got a document from the local cartório listing the specific requirements; I’ll see if I can find it in the morning.

SameDame

Thank you HaDov, I already have the documents list to make both marriage and Uniao Estavel.

All I want to know is when applying for residence permit, are you sure that [ The “Formal decree of stable union signed by a Brazilian judge” would be the certidão de união estável issued by the Cartorio” ] ?
Thanks again

GuestPoster302

That’s exactly what it is.  As far as your residency paperwork goes, you may also need to supply an affidavit as listed in the required documentation; however, don’t quote me on that.

The best thing to do would be to get all your documentation together and visit the PF to ask for a consultation; gather literally everything you think you might need. Tell them that you’re requesting residência on the basis of a stable union.  The person at the window will check all your documents and tell you what you are lacking, and will tell you which documents you do not need before sending you on your way and telling you to mark an agendamento.

SameDame

HaDov wrote:

That’s exactly what it is.  As far as your residency paperwork goes, you may also need to supply an affidavit as listed in the required documentation; however, don’t quote me on that.

The best thing to do would be to get all your documentation together and visit the PF to ask for a consultation; gather literally everything you think you might need. Tell them that you’re requesting residência on the basis of a stable union.  The person at the window will check all your documents and tell you what you are lacking, and will tell you which documents you do not need before sending you on your way and telling you to mark an agendamento.


That's sounds good! Then it should be fine. Thank you so much for you and others who shared their precious ideas with me.

OHBrazil

I met with the Polícia Federal at the beginning of January and was told that I can go there and apply for the CRNM residence permit as soon as my girlfriend and I have made our união estável official at a cartório. They also provided a list of documents that are required for the application, including apostilled and translated birth certificate and FBI background check.

We're planning to do the união estável one week and go to the Polícia Federal for the CRNM the following week.

I think the "one year old document" step comes when applying for a Family Reunion Visa based on a união estável. I've read that you have to wait one year before doing that, but I'm not sure.

SameDame

OHBrazil wrote:

I met with the Polícia Federal at the beginning of January and was told that I can go there and apply for the CRNM residence permit as soon as my girlfriend and I have made our união estável official at a cartório. They also provided a list of documents that are required for the application, including apostilled and translated birth certificate and FBI background check.

We're planning to do the união estável one week and go to the Polícia Federal for the CRNM the following week.

I think the "one year old document" step comes when applying for a Family Reunion Visa based on a união estável. I've read that you have to wait one year before doing that, but I'm not sure.


Thank you for the information .
But there is something I don't understand here. The CRNM: is Carreira de Registre nacional Migratorio. It is the card that you obtain when your family reunion visa is approved. So basically anyone who got his CRNM through marriage or Uniao Estavel has applied for Authorizacao de Residencia com base de Reuniao Familiar.

Please explain to me what do you mean.

OHBrazil

Hmm. The Polícia Federal told me I can come directly there from getting the união estável and apply for residency authorization, a card I will be given on that day. I was under the impression that it would be a CRNM and there was no mention of a Family Reunion Visa, so maybe I'm mistaken on what exactly it is.

abthree

OHBrazil wrote:

Hmm. The Polícia Federal told me I can come directly there from getting the união estável and apply for residency authorization, a card I will be given on that day. I was under the impression that it would be a CRNM and there was no mention of a Family Reunion Visa, so maybe I'm mistaken on what exactly it is.


If they'll process your application on the basis of the document from the cartório, that's great.  You should do it ASAP, and make a note of the date you were given that information,  and as many details as you can remember.   That way, if you're talking to a different officer when you go back, and s/he tells you something different,  you'll be able to say, " I was here on (date) at (time), and your colleague told me (details of conversation)."

You won't get your CRNM, which will need to be generated in Brasília and returned to BH;  you'll be able to pick it up in 1-3 months.   What you WILL get is a Protocolo as evidence that your application has been accepted, and as evidence of your new status as a resident.  This is your interim ID until your CRNM arrives.  Bring it with you to pick up your CRNM.

GuestPoster302

The "one year document" would be a document from a religious marriage, foreign documentation of a stable union, a lease contract or utility contract showing your name as one of the principals, a life insurance or health insurance policy or proof of a stable union that is NOT emitted from your cartorio here in Brasil

A stable union executed in a cartorio carries the same effect as a civil marriage in the eyes of the PF, when it comes to permanent residence.

brasipinaenglishway

I am a foreigner with a união estavel with my Brazilian partner for almost 7 years and we are planning to convert our união estavel to marriage. What are the requirements?

abthree


09/10/24    I am a foreigner with a união estavel with my Brazilian partner for almost 7 years and we are planning to convert our união estavel to marriage. What are the requirements?     

    -@brasipinaenglishway


Congratulations!  Here are the general published requirements:


https://www.casamentocivil.com.br/uniao … -casamento


Check with your cartório for any additional requirements (or shortcuts) that they customarily use.

brasipinaenglishway

@abthree

Thank you for the info.

Stay safe

abthree


09/11/24    @abthree
Thank you for the info.
Stay safe 

    -@brasipinaenglishway


Best of luck to you.  Please let us know how it goes.

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