Introduction
Acquiring a permanent Common Law Marriage (Stable Union) visa for foreign nationals in Brazil is a viable option, yet it’s essential to understand the crucial elements involved. This article provides a detailed walkthrough on securing this visa and the necessary documentation.
For expert legal assistance in obtaining your Brazilian stable union Visa or Residence Permit, click here.
What are the requirements for the statement of common law marriage?
Legislation does not mandate a specific duration of living together to establish a stable union, nor does it necessitate that partners share the same residence or domicile to demonstrate their intention of forming a family unit.
Couples looking to officially register their stable union through a public deed should visit the notary’s office with their original identification documents. Here, they will need to specify the commencement date of their union and select a property regime that governs their relationship.
The presence of witnesses is not required for the documentation of the deed. The formation of a stable union is not possible if there are legal obstacles to the union. Individuals who are married but effectively or legally separated are permitted to engage in a stable union.
Stable Union Visa for Foreign Nationals in Brazil
Recognized by the constitution as a familial entity, stable unions in Brazil, encompassing both heterosexual and homosexual relationships, entitle foreign partners of Brazilian citizens to a visa.
Securing this visa and its accompanying rights requires substantiating the stable union. Continue reading for a detailed explanation.
Learn more about various Brazilian visas for foreign nationals here.
Formalizing a Stable Union with a Foreign National
To acquire a stable union visa for foreign nationals, formalization of the union is advised. This can be achieved via public deeds, private agreements, or court recognition.
For public deeds, couples should visit a Notary’s Office in person. Private contracts, also created at the Notary Office, are applicable in legal proceedings.
Court recognitions necessitate legal counsel and involve demonstrating a commitment to family life, cohabitation, and public acknowledgment of the stable union.
Evidence for the Stable Union
The following items can serve as evidence for a stable union visa:
- Tax declarations showing dependent status;
- Testamentary arrangements;
- Social media profiles on platforms like Facebook and Instagram;
- Photographs from social events or association gatherings as a couple;
- Handwritten romantic correspondences;
- Employment record annotations by relevant authorities;
- Notarized declarations of economic dependence;
- Employee registry entries;
- Birth certificates of joint children;
- Religious marriage certificates;
- Proof of shared domestic responsibilities and joint civil life activities;
- Mutual power of attorney and guarantees;
- Joint banking accounts.
Acquiring a Stable Union Visa for Foreign Nationals in Brazil
This visa falls under the family reunion category. Applications must be submitted to the National Immigration Council with the required documentation. If direct attendance isn’t possible, a representative can be assigned for application submission.
Once granted, the visa allows the holder to reside, work, and travel within Brazil, enjoying the same rights as Brazilian citizens.
Documentation for Stable Union Visa Application
The Ministry of Justice outlines the following requirements for the stable union visa application:
- Electronic application form completed on the Federal Police website;
- A 3×4 color photograph against a white background;
- Declaration of contact details, ideally with a residence proof copy;
- Valid travel or official identity document;
- Criminal records from the past five years from relevant judicial authorities;
- Legal declaration of no criminal records in any country;
- Birth or marriage certificate, or proof of the relationship with the Brazilian or immigrant beneficiary;
- Identity document of the Brazilian or immigrant beneficiary;
- Evidence of the stable union;
- Joint declaration about the ongoing union and cohabitation;
- Documents proving guardianship, trusteeship, or custody of Brazilian citizens, where applicable;
- Proof of payment for residence permit fees (Union Collection Guide available here).
For specialized legal assistance in acquiring your Brazilian stable union visa, contact us.
