Residence - based on the grounds of stable union (VITEM XI)
Residence - based on the grounds of stable union (VITEM XI)
a) General rules
- Based on the Interministerial Ordinance No. 12/2018 and specific instructions from the Brazilian Ministry of Foreign Affairs.
- The Brazilian legal system recognises the stable union of either same sex couples or opposite sex couples as a family entity. The rules regulating stable unions of opposite sex couples are provided for in articles 1,723 to 1,727 of the Brazilian Civil Code, and also apply to same sex couples, as decided by the Brazilian Supreme Court.
- According to the Irish legal system, opposite sex couples can only get married and same sex couples can either get married or could form a civil partnership (Only couples whose notice to enter into a Civil Partnershipe is complete prior to 16th November 2015 can have their civil partnership registered), which is the only relationship legally recognised in Ireland whose effects are similar to those of the Brazilian stable union.
- Foreign nationals who are already in Brazil can apply for residence on the grounds of stable union directly with the Federal Police. Therefore, if the applicant is in Brazil to get married or to officialise the stable union, there will be no need to return to Ireland to get a visa. For instructions on how to apply in Brazil, contact the Federal Police.
b) Length & extension of stay
Validity period: up to 1 year.
Limit / expiry date until which the first entry in Brazil must take place – counted from the date of issue of the visa.
Initial period of stay: up to 1 year.
Initial period during which the individual is allowed to remain in Brazil – counted from the date of first entry in the country – that will be confirmed at the moment of residence registration with the Federal Police.
Residence period: indefinite.
Determined at the moment of residence registration with the Federal Police – indicates the effective period during which the foreigner will be allowed to reside in Brazil.
c) Visa fees
d) Lodging the application
e) Required documents
Documentation |
Comments |
|
1 |
Applicant's valid passport |
Must have at least two blank pages. Please note that pages reserved for amendments cannot be used for visa purposes. |
2 |
One standard-sized passport photo (3.5 x 4.5 cm) |
The photo must be recent, with white background. |
3 |
Visa application form |
Must be filled in online (click here). Print and bring the Visa Request Form Receipt (RER) to the appointment. It is very important to fill in the parents' full names, as displayed in the applicant's birth certificate. Please note: the Consulate will only accept applications in which the required documents listed on this table have been uploaded to the form. |
4 |
Police check (applicants aged over 18 years old) |
It can be obtained at any Garda station (police station) in Ireland. Police checks are valid for up to 3 months from the date of issue. Please note: if the applicant has lived in multiple countries within the last 12 months, a police check from each country of residence must be provided. They must also be duly legalised (contain an apostille) by the competent authority in the issuing country and, if necessary, translated by a certified translator. |
5 |
Original full birth certificate |
If Irish, present the Certified Copy of an Entry of Birth – full form. In the absence of the full birth certificate, the applicant may submit another official document that contains the parents’ full names. The birth certificate must be legalized (get an apostille) by the competent authority in the issuing country. Documents issued in Ireland are legalized by the legalised by the DFA - Department of Foreign Affairs. |
6 |
Hardcopy of the inbound ticket to Brazil |
The applicant must submit either a booking confirmation (paid ticket or e-ticket) or a booking reservation (or letter from a travel agent on the applicant's behalf), containing the complete itinerary, flight numbers and arrival / departure dates. |
7 |
Original identification document of the partner (Brazilian or foreign beneficiary of residence permit in Brazil) |
The following documents will be accepted: a) Original Brazilian ID card (RG) or Brazilian passport; b) The foreign national’s National Registry of Foreigners card (RNE), and passport. Please bring a photocopy of these identification cards as well, in addition to a photocopy of the relevant page(s) of the passports. The foreign passport copy should include the page containing the registration at the Brazilian Federal Police (if applicable). If the partner is in Brazil, certified copies of these documents are accepted. |
8 |
Term of Responsibility |
Must be signed in the presence of the consular authority upon presentation of the passport and ID card. If the partner (a Brazilian or foreign national with a permanent resident status) is in Brazil, the document must have the signature certified by a notary public (“tabelião”) in Brazil. |
9 |
Proof of stable union |
At least one of the following documents (“a” or “b”) must be presented: a) Civil partnership certificate issued by the competent authority in Ireland. Please note: the civil partnership certificate is the only Irish official document that has the same effects of the so-called Brazilian stable union. Therefore, no other Irish document / declaration will be accepted. OR b) Sentence confirming the stable union (“Sentença Declaratória de União Estável”) issued by a Brazilian Family Court (“Vara de Família”) or equivalent foreign judicial authority. Please note: a deed of stable union (“Escritura Pública Declaratória de União Estável”), issued by a notary public in Brazil, will not be accepted on its own. If the applicant holds this deed (not a Family Court decision), complementary documentation will be necessary, as specified on the table below. |
10 |
Proof of consular fee payment |
Click here for information regarding visa fee values and how to pay them. |
In the absence of one of the documents listed on item 9 above (“a” or “b”), stable union can be attested by submitting the following documentation (1 + 2 + 3):
1 |
Deed + Certificate attesting the stable union |
This item consists of a combination of two documents, necessarily issued in Brazil. a) Public Deed of Stable Union (“Escritura Pública Declaratória de União Estável”), drawn up in a notary public (“Cartório de Notas”) in Brazil. b) This deed must be subsequently registered at a Civil Registry Office (“Cartório de Registro Civil”), which will then issue the Stable Union Certificate (“Certidão de União Estável”). Please note: the Consulate will not accept documents issued by power of attorney. The partners must register the stable union in person in Brazil. |
2 |
Declaration signed by the parts and two witnesses |
The declaration must attest, under the penalties of law, to the existence of the stable union. Please note: if not signed before the consular authority, the signatures must be previously certified by a notary public or solicitor. |
3 |
At least one of the following documents |
a) Proof of dependency issued by the tax authority or equivalent agency in Ireland; or b) Religious marriage certificate; or c) Proof that one part is the legal beneficiary in his/her partner’s will; or d) Life insurance policy in which one of the partners is the policy holder and the other is the beneficiary; or e) Proof that both partners are listed as joint owners of a property or that both are listed as tenants in a rental/lease contract; or f) Joint bank account; or g) Birth certificate of the couple’s child. |
f) Registration with the Federal Police
Holders of this type of visa must register with the Federal Police within 90 days from first entry in Brazil. Contact the Federal Police directly (click here) to learn how to register.
The Consulate anticipates that, among other documents, the applicant will have to present the Visa Application Form (FPV) provided upon issue of the visa, as well as his/her original full birth certificate, containing the parents' full names (if Irish, Certified Copy of an Entry of Birth – full form).
Please note: the certificate must be legalised (get an apostille) by the competent authority in the issuing country. Documents issued in Ireland are legalised by the legalised by the DFA - Department of Foreign Affairs. . After being legalised, the document will have to be translated into Portuguese by a sworn translator ("tradutor juramentado") in Brazil.