‎Brazilian Family Visas

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Visa based on Family Reunion

The visa or residence permit for family reunion purposes will be granted to the immigrant:

I - spouse or partner, without any discrimination, under the terms of the Brazilian legal system;

II - the son of a Brazilian or an immigrant beneficiary of a residence permit;

III - stepson of a Brazilian or immigrant beneficiary of a residence permit, as long as he is under eighteen years of age, or up to twenty-four years of age, if proven to be a student, or of any age, if proven economic dependence in relation to the calling;

IV - who has a Brazilian child;

V - who has an immigrant child who has a residence permit;

VI - ascending to the second degree of Brazilian or immigrant beneficiary of residence permit;

VII - descendant up to the second degree of Brazilian or immigrant beneficiary of residence permit;

VIII - brother of a Brazilian or immigrant beneficiary of a residence permit, as long as he is under eighteen years of age, or up to twenty-four years of age, if proven to be a student, or of any age, if economic dependence in relation to the calling; or

IX - who has a Brazilian under their tutelage, trustee or custody.

In the process of applying for a Visa based on Family Reunion, a foreigner already registered as a permanent resident in Brazil or a Brazilian assumes responsibility for the family member, being necessary that he is legally dependent on it.

A foreigner who wants to live in Brazil has several ways to obtain a permanent visa, which leaves him in a legal situation in the country. One is to get married or prove a stable relationship (live together) with a Brazilian. Homo-affective relationships are also accepted. There is no minimum time required to apply for a permanent visa after "yes", unlike other countries, such as the United States, which establish one to three years for the release of the right.

Having a child born in Brazil also gives the father, mother or both the right to stay in the national territory. And whoever proves that he intends to invest here also wins his visa. For that, it is necessary to prove a minimum investment of 150 thousand reais, a value established by normative resolution No. 84 of the National Immigration Council.

In July, the government announced the amnesty to illegal immigrants who entered Brazil by February 1, 2009. Until December 30, these people can go to the Federal Police and regularize their situation. According to the law professor at the University of Mogi das Cruzes and president of the National Association of Foreigners and Immigrants in Brazil (Aneib), Grover Calderón, it is estimated that there are 200,000 illegal immigrants here. Most are from Bolivia, Paraguay, China, Peru and African countries. So far, only 20,000 have sought the Federal Police. "These government initiatives to legalize immigrants are very positive and try to minimize the effects of the immigration law, which is from the time of the dictatorship", says the professor.

A foreigner with a permanent visa has the same rights as Brazilians, such as access to health and education services in Brazil, in addition to being able to open a company, bank account, obtain a driver's license, among others. He just cannot vote, nor can he be elected to political office.

Compared to other countries in the world, especially Europeans, Brazil is very welcoming and is more in line with the recent guidelines of the Human Development Report of the United Nations Development Program, released this week. The report shows the advantages that migration brings to countries, such as stimulating productivity.

Not only does the government view foreigners with good eyes, but the Brazilian is also sympathetic to them, in the expert's opinion. "It is fantastic to see the support that the people give to foreigners even in an irregular situation. In the center of São Paulo, there are schools and hospitals that serve this population without questioning documents, but provide care for humanity.

Procedures for temporary visa and family reunion

Spouses, partners, children and parents of Brazilians or immigrants with a residence permit may benefit from the Ordinance.

This type of visa and residence permit may be granted, among other cases, to the ascending or descending immigrant up to the second degree of Brazilian or immigrant who has a residence permit in Brazil.

The temporary visa for family reunion will have a validity period of one year. The immigrant holding a temporary visa for family reunion must register with the Federal Police within 90 days after entering the national territory, an opportunity in which the term of residence in the country will be noted.

Those who are already in the national territory and wish to formalize the migratory regularization based on a family reunion, may submit an application for a residence permit in one of the units of the Federal Police, presenting the documents provided for in the ordinance.

The immigrant who receives a residence permit, as a result of a family reunion, may exercise any activity in the country, including remuneration, under equal conditions with the Brazilian, under the terms of the current legislation.

Visa based on Marriage

The Permanent Visa Application must be submitted to the consulate or diplomatic mission where the interested party resides (art. 1, sole paragraph of Res. No. 36/99), and the application form can be obtained from the Federal Police. Attached to the application, there must be proof of the establishment of the domicile (residence), as well as other documents [7]. All documentation issued abroad must be approved by the Brazilian consular authorities abroad, and translated by a sworn public translator.

The foreigner who marries a Brazilian can be considered a legal dependent by extension (art.4 °, sole paragraph of Law 6.815 / 80 w / c art.2 °, IV of CNI Resolution 36/99). If he has been married for more than five years, he cannot be expelled from the national territory (art.75, II, “a”).


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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