trilingual
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From:
Kansas City/Rio
Registered: 05/26/05
Posts: 1101
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Date Posted: Sunday, May 28, 2006, 11:17:10 PM
After all the recent hassles with the Brazilian Polícia Federal over the length of stay permitted on each entry under a tourist visa, I've decided to apply for a permanent residence visa. Many GTBers have considered the possibility, so I'll describe the process here.
The three main possibilities for our readers are: 1) a retiree visa; 2) an investor's visa; 3) a visa as the spouse or permanent partner of a Brazilian citizen. The first two visas must be applied for outside of Brazil at the Brazilian consulate serving the area where the applicant's residence is located. The spouse/partner visa may be applied for within Brazil.
After looking into the possibilities, I've decided to apply for the retiree visa because it's the easiest and most straightforward, and also the least expensive option. For a retiree visa you basically need proof that you are retired, that your retirement income is at least US$2000/mo. for a single person, and that the proceeds of your retirement can be transferred to Brazil.
For an investor's visa, the applicant must commit to investing US$50,000 in a business in Brazil and to the creation of ten (10) jobs for Brazilian citizens within two (2) years. There is more paperwork involved in applying for this visa (without mentioning the need forUS$50,000 and a business plan) and you will probably need the assistance of a Brazilian immigration attorney.
For a spouse/partner visa the applicant must show proof of marriage or of an equivalent legal relationship. Brazil permits the same-sex foreign partners of Brazilian citizens to obtain permanent residence. However, because there is no same-sex marriage, per se, in Brazil this can be a somewhat complicated process. Brazil will now recognize a same-sex marriage performed in a jurisdiction where these are now legal (currently Canada, the Netherlands, Belgium, Spain and South Africa, and the U.S. state of Massachusetts) so if you can marry your partner in one of those countries that can simplify the process. Otherwise, you have to go through a fairly complicated (and expensive) 3-step legal process in Brazil: 1) you have to document the existence of the relationship, including drawing up appropriate pre-nuptial agreements; 2) you must have the relationship formally recognized by a Brazilian family court; 3) you use this formal recognition to apply for the visa. If you are already married abroad you can skip steps 1 and 2. This would also be true if Brazil legalizes same-sex civil marriage or civil unions.
For the retiree visa, the documentation requirements are the most simple. It's a 2-step process: first you submit your visa application and supporting documents to the Brazilian consulate. You then have to wait for the visa to be run through Brasilia and approved. When the visa is approved, the consulate notifies you and you then submit to them another set of application forms, your valid passport, and the appropriate fees. Once you receive the visa, you must enter Brazil within 90 days of the date of issuance. After you arrive in Brazil, you take your passport and visa to the Policia Federal to obtain your R.N.E., which is Brazil's equivalent of a U.S. "green card." You are required to have your R.N.E. with you at all times in Brazil, just as Brazilian citizens have to carry their R.G. identity cards at all times. When you have the R.N.E. you can use that as identity each time you enter Brazil and can use the lines for Brazilians at immigration when you enter the country.
The documents you need are 1) two completed and signed visa applications (downloadable from the consulate websites); 2) two recent 2x2 passport photos; 3) a copy of the ID pages of your passport; 4) a copy of your driver's license to establish proof of residence in the consular district; 5) a statement from your local police department that you do not have a criminal record (issued within 90 days of your application); 6) a statement from the source of your pension payment showing that it comes to at least US$2000/mo.; 7) a statement from a financial institution that you can transfer the proceeds of your retirement to Brazil on a monthly basis.
IMPORTANT: This is where the Brazilian bureaucratic requirements become somewhat baroque. Each of the documents listed above (except for the application form and passport photos) has to be notarized. You then have to get authentication of the notary's signature from the appropriate body that certifies notaries in the state in question, usually the office of that state's Secretary of State; 3) "legalization" of each notarized/authenticated document by the Brazilian consulate that has jurisdiction over the place where the document was issued. In my case, the proof of my retirement comes from Washington, D.C., so I will have to get the document authenticated by the appropriate office of the D.C. government and then legalized by the consular service of the Brazilian Embassy in Washington. The other documents will all originate and be notarized in my home state, so I can have them authenticated by the Secretary of State's office and then send them (along with the already legalized proof of retirement) for legalization by the Brazilian consulate that serves my state, along with the application forms and photos.
The fees are not exorbitant. There's a US$100 reciprocity fee (applicable to U.S. applicants), a US$200 visa fee, and a US$10 handling fee for a mailed-in application. In addition, there is a fee of US$20 for EACH document that has to be "legalized" by the consulate. Policies seem to vary from consulate to consulate, but ALL of them accept U.S. POSTAL SERVICE money orders, made out to the Consulate General of Brazil (or Brazilian Embassy in the case of D.C.) in the exact amount of the fees. They don't take cash or personal checks, and some won't take cashier or certified checks, or bank-issued money-orders. They also require that you use the U.S. Postal Service to mail documents, and to use U.S. Postal Service pre-paid envelopes for returning documents or your passport. They don't accept FedEx or other private courier companies.
As you can see, the process can be somewhat lengthy and frustrating, especially if you have to obtain documents from out of your area because you then have to send them for authentication where they were notarized, and then to the Brazilian consulate for that jurisdiction to be legalized BEFORE you can send everything in to the consulate that will actually handle the application. Once the application is received, it's supposed to take about 2 months for it to be approved. So factor all of this into your plans if you decide to do this!
I'm currently waiting to receive the proof of my retirement (it's taken almost 4 weeks just to get it from the U.S. government -- it was supposed to have been prepared, notarized and mailed from D.C. this past week but it hasn't yet arrived). Then I have to mail it back to D.C. for authentication (which supposedly has a 5-day turnaround time) and then to the Brazilian Embassy for legalization (another 5 day turnaround time). I'll report in future posts how the process goes along, play-by-play, until I have the visa, return to Brazil, and obtain my R.N.E. Wish me luck! 
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