(English) Visa for unmarried partners
[:en]
In Brazil, foreigners who depend or are partners of a Brazilian citizen or of a foreigner older than 21 holding a Brazilian temporary or permanent visa can apply for the “family reunion” visa or the “stable union” one.
The rules applicable to the “family reunion” visa are predicted at the Normative Resolution nº 36/99. Such regulation requires the applicant to be a Brazilian national or foreigner over 21 (twenty one) years old residing in Brazil holder of a temporary or a permanent visa.
The dependents can be the spouse, unmarried children under 21 (twenty one) years or an adult unable to support himself. Although, siblings, grandchildren or great-grandchildren, when orphans, unmarried of any age, as well as the parents or grandparents, could be considered as dependents if they are unable to support themselves.
Finally, children, siblings, grandchildren or great grandchildren may be considered dependent up to 24 (twenty four) years old as long as they are enrolled in undergraduate or graduate studies, if equal treatment is given to Brazilians in the foreigner’s country of origin.
The visa application under the family reunion modality must be required before Brazilians diplomatic missions or consular offices having jurisdiction over the foreigner’s residence. Each Brazilian consular office usually requires specific documents such as the certificate of wedding, if applicable, or birth certificate, in cases of filiation.
It should be remembered that if the applicant is also a foreigner applying for a visa before the Ministry of Labor and Employment, the visa for his/her legal dependents can automatically be included in his/her own application.
Concerning non married companions, the 1988 Constitution recognizes the stable union between a man and woman as a family (Article 226 § 3). Likewise, so does the Brazilian Civil Code, on article 1723.
Thus, the companion should be given a treatment equal to the one reserved to spouses. Consequently, they should be able to obtain a visa due to their stable union with a Brazilian, or even with a foreigner holder of a Brazilian visa.
The procedures for these cases are regulated by the Normative Resolution 77/08, which allows the deliverance of a visa for companions without any sexual discrimination. The stable union should, however, be proven and it should be demonstrated that the applier can provide support for the companion in the national territory.
If the applier has Brazilian nationality, he or she must apply for his/her companion’s stable union visa before the Ministry of Labor and Employment, according to the RN 77/08. After approval and publication of the visa at the Official Journal, the foreigner must go to the Federal Police closest to their residence to obtain the National Registry of Foreigners (RNE).
However, the companion’s visa of a foreigner coming to Brazil to work with a permanent or temporary visa will not be granted on the same procedure of the latter. Indeed, the companion should enter the country with a tourist visa and start an independent procedure in Brazil before the Ministry of Labor and Employment, according to RN 77/08. After approval and publication of the stable union visa, the companion must go to the Federal Police unit closest to their residence to obtain the National Registry of Foreigners (RNE).
For further information or assistance concerning immigration issues, please feel free to contact Chenut Oliveira Santiago Law Firm (www.chenut.online).
Júlia Bandeira de Melo Campos (Intern from Imigration Department)
Gabriela Zaidan Cunha (Attorney from Imigration Department)
[:]