Same-sex immigration policy in Brazil
Encyclopedia
Same-sex immigration policy in Brazil or immigration equality
is legal in Brazil
since December 3, 2003, and the new text is of January 29, 2008. The Federal Police of Brazil
, located in the Brazilian Airports, is the responsible by this initial procedure, that forwards the documents to the National Immigration Council of Brazil, located in Brasília
, the federal capital. Which examines whether the union is true, such as opposite-sex couples.
Normative Resolution No. 77, 29.01.2008/ CNIG - National Immigration Council
(D.O.U. 11/02/2008)
Temporary or permanent visa.
Provides for criteria for the granting of temporary or permanent visa, or permission to stay, to partner, in marriage, without distinction of sex and repealing Administrative Resolution No. 5, December 3, 2003.
Resolution Regulations No-77, of 29 January 2008
Provides for criteria for the granting of temporary or permanent visa, or permission to stay, to partner, in marriage, without distinction of sex
.
The National Immigration Council, instituted by Law
no. 6815, to August 19, 1980 and organized by Law no. 10.683, of May 28, 2003, in exercise of the powers conferred by Decree
Nr. 840, of June 22, 1993, resolves:
Article 1: Requests for temporary or permanent visa, or permission to stay for companion in marriage, without distinction of sex, should be examined under the terms of Normative Resolution No. 27 of November 25, 1998 concerning special situations or omissions, and the Normative Resolution No. 36, September 28, 1999, on family reunion
.
Article 2: The proof of marriage
must be made by one of the following documents:
I - certificate of marriage issued by the national government of the country of origin of the call, or;
II - Proof of marriage issued by the competent court in Brazil or corresponding authority abroad.
Article 3: In the absence of the documents referred to in art. 2, the proof of marriage must be made by submitting:
I - certificate or similar document issued by authority of the nation
al civil registry
, or foreign equivalent;
II - statement under penalty of law, two people attesting to the existence of a stable union
, and;
III - at least two of the following document
s:
a) evidence of dependence issued by the tax authority or body corresponding to the Revenue;
b) religious marriage
certificate;
c) proving the testamentary
dispositions bond;
d) life insurance policy in stating a party insurance
as settlor and the other as beneficiary
;
e) the deed of purchase and sale, registered with the joint property in setting out the parties as owners, or lease of property
that appear as tenants, and;
f) joint bank account.
Sole Paragraph. For purposes of paragraphs "b" through "f" of section III of this article shall pay the minimum of one year.
Article 4: The claimant must also present:
I - application containing historical marriage law
;
II - deed of commitment to maintenance, support and exit from national territory
, if necessary, in favor of the call, done in registry
;
III - Proof of means of subsistence of the claimant or the foreigner, with source in Brazil or abroad, sufficient for the maintenance and sustenance of both, or employment
relationships, or even subsidies from scholarship, and other lawful means;
IV - certified copy of identity document
of the claimant;
V - certified copy of passport
of the call in its entirety;
VI - a certificate of criminal records
issued by the country of origin or habitual residence of the call;
VII - proof of payment
of individual
immigration
, and;
VIII - statement under penalty of law, the marital status
of the foreigner
in the country
of origin
.
Sole Paragraph. At the discretion of the competent authority
, the claimant may be asked to provide other documents.
Article 5: Documents issued abroad must be legalized by a Brazil
ian consular office in the country and translated by a sworn translator in Brazil
.
Article 6: If necessary, the National Immigration Council request the Ministry of Justice to court.
Article 7: In the case of a permanent visa or residence permit, foreigners remain bound to the condition that allowed its grant for a period of two years, and the condition contained in your passport and Alien ID card (CIE).
§ 1 The carrier permanently bound record under the caption may apply for indefinite stay by proving the continuity of stable union
;
§ 2 Once the period referred to in the heading up to the Ministry of Justice to rule on the stay indefinitely in the foreign country
;
§ 3 The request for the in § 1, after the time under the caption, subject the named to the penalty of a fine under clause sixteenth of art. 125 of Law No. 6815, 1980, as amended by Law no. 6964, to December 9, 1981.
Article 8: This Normative
Resolution
enters into force upon its publication, does not apply to cases already in progress.
Article 9: is repealed Administrative Resolution
No. 05, December 3, 2003.
PAULO SÉRGIO DE ALMEIDA
President of the National Immigration Council
Immigration equality
Immigration equality is a term which refers to the equal treatment of any or all citizens' ability or right to immigrate their family members. It also applies to fair and equal execution of the laws and the rights of non-citizens regardless of nationality or where they are coming from...
is legal in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
since December 3, 2003, and the new text is of January 29, 2008. The Federal Police of Brazil
Policia Federal
Policia Federal may refer to:Argentina:* Argentine Federal PoliceBrazil:* Federal Police Mexico:* Federal Police * Federal Judicial Police, until 2002...
, located in the Brazilian Airports, is the responsible by this initial procedure, that forwards the documents to the National Immigration Council of Brazil, located in Brasília
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
, the federal capital. Which examines whether the union is true, such as opposite-sex couples.
Official document
(D.O.U. 11/02/2008)
Temporary or permanent visa.
Provides for criteria for the granting of temporary or permanent visa, or permission to stay, to partner, in marriage, without distinction of sex and repealing Administrative Resolution No. 5, December 3, 2003.
Resolution Regulations No-77, of 29 January 2008
Provides for criteria for the granting of temporary or permanent visa, or permission to stay, to partner, in marriage, without distinction of sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
.
The National Immigration Council, instituted by Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
no. 6815, to August 19, 1980 and organized by Law no. 10.683, of May 28, 2003, in exercise of the powers conferred by Decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
Nr. 840, of June 22, 1993, resolves:
Article 1: Requests for temporary or permanent visa, or permission to stay for companion in marriage, without distinction of sex, should be examined under the terms of Normative Resolution No. 27 of November 25, 1998 concerning special situations or omissions, and the Normative Resolution No. 36, September 28, 1999, on family reunion
Family reunion
A family reunion is an occasion when many members of an extended family get together. Sometimes reunions are held regularly, for example on the same date of every year....
.
Article 2: The proof of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
must be made by one of the following documents:
I - certificate of marriage issued by the national government of the country of origin of the call, or;
II - Proof of marriage issued by the competent court in Brazil or corresponding authority abroad.
Article 3: In the absence of the documents referred to in art. 2, the proof of marriage must be made by submitting:
I - certificate or similar document issued by authority of the nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
al civil registry
Civil registry
Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database is called civil register or registry, or population registry. The primary purpose of civil registration is to create legal documents that are used to...
, or foreign equivalent;
II - statement under penalty of law, two people attesting to the existence of a stable union
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
, and;
III - at least two of the following document
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
s:
a) evidence of dependence issued by the tax authority or body corresponding to the Revenue;
b) religious marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
certificate;
c) proving the testamentary
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
dispositions bond;
d) life insurance policy in stating a party insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
as settlor and the other as beneficiary
Beneficiary
A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured...
;
e) the deed of purchase and sale, registered with the joint property in setting out the parties as owners, or lease of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
that appear as tenants, and;
f) joint bank account.
Sole Paragraph. For purposes of paragraphs "b" through "f" of section III of this article shall pay the minimum of one year.
Article 4: The claimant must also present:
I - application containing historical marriage law
Marriage law
Marriage law refers to the legal requirements which determine the validity of a marriage, which vary considerably between countries.- Rights and obligations :...
;
II - deed of commitment to maintenance, support and exit from national territory
National territory
"National Territory" is translated from "Territorio nacional", a term used for territories in Argentina. The last national territory was the Tierra del Fuego Province, which was given the status of a province in 1990....
, if necessary, in favor of the call, done in registry
Registry
-Computing:* Windows Registry, a database of configuration settings in Microsoft Windows operating systems* Domain name registry, an organization that manages the registration of top-level internet domain names...
;
III - Proof of means of subsistence of the claimant or the foreigner, with source in Brazil or abroad, sufficient for the maintenance and sustenance of both, or employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
relationships, or even subsidies from scholarship, and other lawful means;
IV - certified copy of identity document
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...
of the claimant;
V - certified copy of passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
of the call in its entirety;
VI - a certificate of criminal records
Criminal Records
Criminal Records is the name of a UK based independent record label representing basement bands. It was formed in 2004 and focuses of the emergence of the subgenre known as Basement Rock or Basement. They represent over 20 UK bands.-External links:* *...
issued by the country of origin or habitual residence of the call;
VII - proof of payment
Payment
A payment is the transfer of wealth from one party to another. A payment is usually made in exchange for the provision of goods, services or both, or to fulfill a legal obligation....
of individual
Individual
An individual is a person or any specific object or thing in a collection. Individuality is the state or quality of being an individual; a person separate from other persons and possessing his or her own needs, goals, and desires. Being self expressive...
immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, and;
VIII - statement under penalty of law, the marital status
Marital status
A person's marital status indicates whether the person is married. Questions about marital status appear on many polls and forms, including censuses and credit card applications.In the simplest sense, the only possible answers are "single" or "married"...
of the foreigner
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
in the country
Country
A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...
of origin
Origin
Origin, origins, or original may refer to:- Beginning of the universe and life :* Abiogenesis, the study of how life on Earth arose from inanimate matter* Cosmogony, any theory concerning the origin of the universe...
.
Sole Paragraph. At the discretion of the competent authority
Competent authority
A competent authority is any person or organization that has the legally delegated or invested authority, capacity, or power to perform a designated function....
, the claimant may be asked to provide other documents.
Article 5: Documents issued abroad must be legalized by a Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian consular office in the country and translated by a sworn translator in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
.
Article 6: If necessary, the National Immigration Council request the Ministry of Justice to court.
Article 7: In the case of a permanent visa or residence permit, foreigners remain bound to the condition that allowed its grant for a period of two years, and the condition contained in your passport and Alien ID card (CIE).
§ 1 The carrier permanently bound record under the caption may apply for indefinite stay by proving the continuity of stable union
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
;
§ 2 Once the period referred to in the heading up to the Ministry of Justice to rule on the stay indefinitely in the foreign country
Country
A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...
;
§ 3 The request for the in § 1, after the time under the caption, subject the named to the penalty of a fine under clause sixteenth of art. 125 of Law No. 6815, 1980, as amended by Law no. 6964, to December 9, 1981.
Article 8: This Normative
Normative
Normative has specialized contextual meanings in several academic disciplines. Generically, it means relating to an ideal standard or model. In practice, it has strong connotations of relating to a typical standard or model ....
Resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
enters into force upon its publication, does not apply to cases already in progress.
Article 9: is repealed Administrative Resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
No. 05, December 3, 2003.
PAULO SÉRGIO DE ALMEIDA
President of the National Immigration Council
See also
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
- LGBT rights in Brazil
- Immigration to BrazilImmigration to BrazilImmigration to Brazil is the movement to Brazil of foreign persons to reside permanently. It should not be confused with the colonisation of the country by the Portuguese, or with the forcible bringing of people from Africa as slaves....
- Immigration equalityImmigration equalityImmigration equality is a term which refers to the equal treatment of any or all citizens' ability or right to immigrate their family members. It also applies to fair and equal execution of the laws and the rights of non-citizens regardless of nationality or where they are coming from...
- Immigration Equality (organization)
- Visa policy of BrazilVisa policy of BrazilThe government of Brazil allows citizens of specific countries and territories to travel to Brazil without a visa.-Visa waivers:Citizens of the following countries do not need a passport or visa to visit Brazil for business or tourism, if the trip does not exceed 90 days...
- Visa requirements for Brazilian citizensVisa requirements for Brazilian citizensBearers of Brazilian passports are allowed to enter a number of countries without the need of a visa. Mercosul members and some other countries do not even require a passport; a national or state-issued ID card is enough...