Getting Permanence based on Same-Sex Marriage in Brazil (PART 2-Polícia Federal)

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This post is for those of you who have already obtained your marriage license in Brazil and now want to apply for permanence. For all the details on how to get a marriage license, see this previous post. If you are applying based on a stable union, see this one.

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All current information can be found on the Ministry of Justice website, here. There is little information about how to go about collecting these documents so I’ve included translations, the approximate prices of these docs, how you go about getting them and how long each is expected to take. Keep in mind, the following documents and requirements are for Rio de Janeiro but most likely are similar in other states. NOTE: I do not claim to know everything, I can only tell you about my own experience in hopes of saving you a lot of stress and time delays. IF YOU ARE CURRENTLY GOING THROUGH THIS PROCESS AND THE INFORMATION BELOW IS NOT ACCURATE, PLEASE LET ME KNOW SO I CAN UPDATE IT AND HELP EVERYONE ELSE OUT! THANKS!

**When we first went in to apply for permanence based on marriage, the Police officer was uninformed and didn’t understand that gay marriage had already been legalized in Brazil. For this reason he required us to bring a lot of extra documents that were unnecessary. If this is your case, consider taking with you a declaration of the law that gay marriage exists. This may sound ridiculous but it happens. I will try to include one soon as an example to print out.

DOCUMENTS TO BRING TO THE POLÍCIA FEDERAL -Permanence based on Marriage

(according to Ministry of Justice site)-

This list can be found here.

1) REQUERIMENTO PRÓPRIO- this is your application (form 334) which will be given to you when you arrive at the Polícia Federal. Or you can print it out here and take it already filled out.

2) CÓPIA AUTENTICADA, NÍTIDA E COMPLETA DO PASSAPORTE-Copy of passport (cópia autenticada, nítida e completa do passaporte (inclusive das folhas em branco). You will need to get authenticated copies of ALL pages in your passport, even blank pages. Authenticating documents can be done at a cartório and costs approx. R$5.40 per page.

3) CÓPIA AUTENTICADA DA CERTIDÃO DE CASAMENTO-Authenticated copy of your marriage license

4) CÓPIA AUTENTICADA DA CÉDULA DE IDENTIDADE BRASILEIRA DO CÔNJUGE-An authenticated copy of your partner’s Brazilian I.D

*IMPORTANT! If your partner changed their name when you got married, they will have to present an I.D. with their married name at the Polícia Federal. In our case, that meant that my wife had to go to the DETRAN and get a completely new I.D.-approx. R$27.

5) DECLARAÇÃO DE QUE NÃO DE ENCONTRAM SEPARADOS-Declaration that you have not separated as a couple with recognized signatures. This is on the 334 Form here  that I listed above in step 1. If you look at the form, go to part 4 (Declaração) and look at section 2. You and your partner sign this with recognized signatures at the cartório where you opened your first signature. If you already have your marriage license, you know what this means.

6) DECLARAÇÃODE QUE NÃO FOI PROCESSADO CRIMINALMENTE-Declaration that you have not committed any crimes in Brazil or abroad. Sign it with a recognized signature at the cartório.

here is an example of that:

“Eu, Maria da Silva, argentina (put your nationality), residente à Rua/Avenida (put your complete Brazilian address with neighborhood, city, state and CEP), portador do passaporte número (passport number), DECLARO, para os devidos fins legais, de que NÃO SOU CONDENADA(O) CRIMINALMENTE NO BRASIL NEM NO EXTERIOR.

Por ser verdade, dato e assino a presente declaração.

Rio de Janeiro, 22 de abril de 2013.

(Your signature-recognized in the cartório) “

7) COMPROVANTE DO PAGAMENTO- Receipt showing you have paid the fee of R$102. Go to the PF site, fill in your info and at “Código da Receita STN” type in the code: 140066. It should come up as Unidade Arrecadadora:SR/DPF/RJ. Print out the receipt it generates, go to the bank or Casa Lotérica to pay it and bring this receipt to the PF.

8) 2 FOTOS 3X4 of the foreigner and 1 foto 3×4 of your Brazilian spouse

_________________

 

Two documents they may also ask of you:

  • EXPOSIÇÃO DAS RAZÕES DO CHAMAMENTO DO ESTRANGEIRO. This is something you type up and sign with recognized signatures at the cartório. It is a text basically saying that your Brazilian spouse is asking for you to be allowed to live here with them while giving some background on your relationship.

here is an example I found on gringoes.com:

“Ao ILMO Sr. Secretario da Secretaria Nacional dos Direitos Humanos e da Cidadania e Justica – MJ:
(leave 4-5 lines blank)
Eu, (full name of Brazilian), casado/a, (nationality), CPF #, identidade #, residente a (full address)
e (all the same info for partner) nos conhecemos em (brief story of your relationship with date and place of marriage)
deste modo, pedimos permanencia no Brasil em razao de casamento (date and place)
signatures (I assume of both partners)”

Some people also like to include information that may make them more attractive as candidates to gain permanence such as talking about your college degrees or jobs making you seem like better contributors to Brazilian society. Who knows if this makes a difference.

  •  CARTÃO DE ENTRADA/SAÍDA- This is the little white paper you get coming into Brazil with the date you came stamped on it. You get it from the PF on your way in. Remember to bring an authenticated copy of it. It looks like this:

cartao-entrada-saida-brasil-jacopo-brasile

* When you go to turn in all your documents, your spouse/partner is required to be there with you. And try to dress nicely.

***Once you have turned in all of your documents, you will receive a protocolo ( a small slip of paper which basically shows you are now in the process of permanence). DON’T LOSE THIS PAPER! You will need it to get in and out of the country, when you travel within Brazil between cities (at the airport), and to be able to work legally here. The same day, you can take the protocolo to another area of the PF where they will make you a piece of paper stating you can work in Brazil. This paper will not be turned in to you for another 8 business days or so. Keep calling until they tell you it’s ready. Take this certidão and present it to the Ministry of Justice where they will issue you your carteira de trabalho (work book) to work in Brazil.

*Gaining permanence may actually take up to two years. After you have turned in all your paperwork, it could take about 6-7 months for the PF to come to your house and make sure you are really a married couple. Even though actual permanence may take a while, the good news is that you are able to work in Brazil a week or two after turning stuff in. You can also come and go from Brazil which is great (not spending more than 2 months out of Brazil at any time while waiting to be approved).

I hope this information has helped. If you have anything to add PLEASE do! We need to work together to make sure this process is less frustrating for everyone in the future. Good luck!

2 thoughts on “Getting Permanence based on Same-Sex Marriage in Brazil (PART 2-Polícia Federal)

  1. Pingback: Getting Permanence in Brazil based on Same-Sex Marriage (PART 1) | Far From Om

  2. Pingback: Getting Permanence based on Same-Sex Stable Union in Brazil (PART 2-Polícia Federal) | Far From Om

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