Visa for Same-Sex Union in Brazil
The Brazilian government may provide a visa for a foreigner in a same-sex stable union with a partner who has prior permission to live or work in the country. In this article, we have listed the needed documents and procedures for its procurement.
This type of visa is issued by the Ministry of Labor and Employment, and the process is followed and analyzed by the Conselho Nacional de Imigração, the Brazilian Immigration Council.
When analyzing visa requirements for foreigners in stable unions, the Brazilian government makes no distinction whether it is for same-sex couples or not. The current rule was published in 2008, and it has repealed some of the older obligations, such as the adoption certificate of a child by the couple.
Proving the Stable Union
The first step for couples seeking a visa for one of the partners is to prove a stable union between them. This is needed for both temporary and permanent visas, and can be done in two different ways:
- With a stable union certificate, issued by the country of origin, or;
- With a documentary proof of stable union, issued by a competent court in Brazil or its equivalent in another country.
In the absence of these, the Brazilian government requires a longer list of other documents to certify to the existence of the stable union. In this case, a declaration of two persons, attesting to its existence, is needed, as well as a certificate issued by a national registration authority. Besides that, at least two of the following must be shown, and they must have been issued, at least, one year ago:
- Proof of financial dependence of the partner, issued by the Receita Federal or a similar entity.
- Religious marriage certificate.
- Testamentary depositions that prove the union.
- Insurance policy, where one of the partners is listed as the settlor and the other one as the beneficiary.
- Deed of purchase and sale of a property, where the interested partners are the owners.
- Rental contract, where the couple is the renter.
- Evidence of a joint bank account.
General Documents
The person who's already holding a Brazilian visa and is seeking to extend the right to its partner, must also show other papers, mostly personal registers. They are:
- An application, with the history of the couple’s union.
- Evidence of financial capacity to sustain the couple while in Brazil.
- Certified copy of his/her identification document.
- Certified copy of his/her partner's passport.
- Certificate of good conduct or lack of criminal record.
- Proof of payment of the immigration tax, equivalent to BRL 16.93.
- Declaration of the partner's civil status in the country of origin.
All documents and certificates issued outside Brazil must be legalized by the Brazilian consular post, and must be translated by an official sworn translator. Furthermore, the Ministry of Labor and Employment might also require additional documents. The process can be monitored at the website of the Ministry of Justice, in the tab Consulta a Processos.
In case the visa is approved, the foreigner must maintain the stable union for at least two years, in accordance with all of the government's requirements. After this period, the Ministry of Justice will decide if the authorization to live in the country may be extended for an indefinite period.