Help moving to Brazil to be with my sick civil partner

LiamT · 2022-07-03T14:41:04+02:00

Hi all, Hoping I can get some direction from those more experienced than I am as to what the best course of action will be for me. Here's the salient points of the case: - My partner is a Brazilian national. We entered into a civil partnership when we were both living in London in 2011 but "circumstances" since 2016 have meant that he has had to return to Brazil to live and I have spent 3-6 months of most years since then there with him on the standard 90-day tourist visa (or some years extended to 180 as per the rules). - We were on the verge of solidifying things and me moving there full-time at the end of 2019 when the COVID-19 pandemic took over the world and Australia's borders were shut, effectively separating me from him for two years. - Last year, in November, he was diagnosed with cancer and I immediately arranged to go there to support him, again just on the standard tourist visa, which I was able to extend again and stay for 180 days. I returned to Australia in May when this visa expired - his illness meant we didn't leave enough time to sort out a stable union visa or anything, and I'm not sure I had the right paperwork with me anyway - meaning unless there is some way to apply for a family reunion/stable union/or similar type of visa so that I can enter the country beforehand, I won't be able to go back again until November THIS year. - Leaving aside the notion that his prognosis remains uncertain and there's every chance he'll die there without me by his side, I can just about cope with waiting until November if I absolutely have to. What's creating anxiety for me at the moment is the notion of having to leave again like I had to in May. I want to make sure that when I go back, I have the correct documents or can get the correct documents so that I can remain as long as I like. Outside this situation, I love Brazil, my mental and physical well-being is twenty times better when I am there and I just don't want to be forced to leave him again. - Complicating matters slightly is the fact that neither of us registered the civil partnership at the embassies/consulates of our respective countries at the time of the ceremony, because we were young and didn't realise we were meant to. So I don't think our civil partnership counts for anything anywhere except the UK. So having done a bit of research and found so many conflicting things about what's required and allowed etc, I'm here for some clarity. A few questions I'd like some coherent answers to to start with: - Can you apply for a stable union visa from outside Brazil, or do you actually have to be there? - If I wait until November and simply get married to him when I arrive, what documents to we both need? - Is there any other way anybody knows of that I can get back into Brazil before November? Thanks so much everyone!

Last activity 30 October 2023 by billpr

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Peter ItamaracaSerial expat28 October 2023 10:23:04

#41

747

@billpr

Abthree is exactly right on question1 - leave Brazil for a period exeeding 2 years and you will lose you permanent visa. Less than that - no problem.

On question 2 - UK marriage certificates do not contain the couple's signatures, just that of the registrar. But I am confused why you might need a copy? If you already have a permanent visa, and were married, why do you want to record a civl partnership - also given that your husband has, unfortunately, died ? Would that not be a waste of time, money and energy?

StarMarisMember28 October 2023 14:29:25

#42

@billpr What i know for sure: ant document you provide will have to be translated into portuguese and online to the the Brazilianlateoir embassy. Their website is also in English. follow the for what you. you do not need a lawyer to do it. if the papersork you submit is not the way they want, they will tell you within 2-3 days and your case will be on hold. Before opening a request you can also e-mail them your question. it is goid to reaad what the website says beforhand. This is the way it worked for me. The info on the days you are allowed to stay etc is also there. It is better than asking people. Each case is a case. yours has its intricacies.

Nomad MundoContributor29 October 2023 23:54:43

#43

105

@billpr.... The processing of your marriage can be done at the "Registry for title and documents". It's different than the other notary office in Brazil.

The required documents is Apostilled & sworn translated (In Brazil) your UK marriage certificate and IDs of you and your husband.

The notary office can't deny this processing since you fulfill the requirements as per the civil law of union/ marriage between two persons.

Please visit another notary office and they will definitely do it for you.

If still denying then, you can complain to National Council of Justice (CNJ) about them.

billprNew member30 October 2023 12:15:46

#44

@Peter Itamaraca

Hi Peter, I am engaged in a bitter legal fight with my late partner's family over a plethora of grievances surrounding the death of my husband and my lawyer wants to make sure the union is recognised 100% and completely and unarguably in Brazil. I thought it might be a bit late myself, what with one of us being dead, but apparently not and is done all the time. My application for his death benefit was refused so I have had to engage legal assistance to appeal that. There's more info upthread if you really want to know some of the ins and outs of what I am facing but if it means getting his pension and being able to assert my legal rights as his next of kin in a court of law, I don't care how much trouble it is or how much it costs, I'll do it.

Peter ItamaracaSerial expat30 October 2023 12:36:37

#45

747

@billpr

I have always found that UK marriage certificates, once translated by an official translator, have been accepted here in Brazil. However I think you are exactly right to retain an attorney, and should follow their advice...

billprNew member30 October 2023 12:45:08

#46

@Peter Itamaraca

Indeed, the certificate and the sworn translation appear to have been adequate for every other purpose for which I have needed to present them, hence the confusion regarding what this cartorio appears to be requesting, so I thought I would check the Expat brains trust as you have all been very helpful in the past, especially last year when I was applying for my CRNM.

Thanks to everyone for taking the time to respond and assist!

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