The following is an English translation of excerpts from Brazilian laws relating to residency rights and naturalization for foreigners (please note that BRA10430 of 4 Mar. 1992 contains as an attachment an English translation of other parts of the first law excerpted here: see especially Article 112, which relates to the rights of foreigners married to Brazilians):

LAW NO. 6,815 OF 19 AUGUST 1980

Defining the legal situation of aliens in Brazil, creating the National Immigration Council and making other provisions.

Article 16. A permanent visa may be granted to an alien intending to settle permanently in Brazil.

Sole paragraph. The primary objective of immigration is to supply specialized manpower to various sectors of the national economy, in order to increase productivity, the assimilation of technology and the mobilization of resources for specific sectors.

Article 18. The granting of a permanent visa may be made conditional upon the holder's engaging in a specific activity and residing a specified region of Brazil, for a period not exceeding five years.

Article 19. The Ministry of Foreign Affairs shall specify the circumstances for the granting, extension or waiver of diplomatic, official and courtesy visas.

Article 20. Consular fees will be charged for the granting of a visa, except in the case of:

I. Those governed by agreements that provide for the free issuance of visas;

II. Official, diplomatic or courtesy visas;

III. Transit, temporary or tourist visas, if granted to holders of a diplomatic or official passport.

Sole paragraph. All visas are valid for 90 days starting from the date of issue. Consular authorities may renew a visa one time only, for a similar period, upon receipt of payment of the required fee.

Article 21. A national of a neighboring country, living in a foreign city on the Brazilian border, may be permitted entry into Brazilian municipalities situated on the border with that country, upon presentation of proof of identity, with due regard to the interests of national security.

§1. An alien in the situation referred to in this article who intends to engage in a remunerated activity or to attend an educational establishment in such a municipality will be issued a special document identifying him and specifying his status; working papers and a Social Security card may also be issued.

§2. The documents referred to in the preceding paragraph do not confer the right of residence in Brazil nor do they authorize the holder to travel outside the territorial limits of those municipalities.

DECREE NO. 86,715 OF 10 DECEMBER 1981

Regulating law no. 6,815 of 19 August 1980, defining the legal status of aliens in Brazil, establishing the National Immigration Council and making other provisions.

SUBSECTION IV

Permanent visas

Article 26. A permanent visa may be granted to an alien intending to settle permanently in Brazil.

Article 27. To obtain a permanent visa, an alien must meet the special requirements stipulated in the immigrant selection rules established by the National Immigration Council, and must submit the following documentation:

I. Passport or equivalent document;

II. International immunization certificate, where required;

III. Health certificate;

IV. Certificate of criminal record or equivalent document, at the discretion of the consular authority.

§1. Except in cases of force majeure, a visa may be obtained only in the consular jurisdiction in which the applicant has maintained his residence for at least one year prior to submitting the application.

§2. Upon entering the national territory, a foreign holder of a permanent visa must submit to the competent federal authorities the documents referred to in items I to III of this article and those of the sole paragraph of article 9, along with as evidence of the supplementary health examination required by the special technical rules issued by the Ministry of Health.

§3. With due regard to the interests of national security and health conditions referred to in item V of article 5, the special provisions established in the immigrant selection rules and in the following article shall not apply to Portuguese citizens.

Article 28. The granting of a permanent visa may be made conditional upon the holder's engaging in a specific activity and residing a specified region of Brazil, for a period not exceeding five years.

Sole paragraph. The consular authority shall note in the margin of the visa the activity that the alien may engage in and the region in which he must reside.

SECTION II. Health examinations

Article 29. The Ministry of Health, through the National Division for the Health Supervision of Ports, Airports and Borders, may examine and control the condition of health of a foreign applicant for entry into or residence in Brazil.

Sole paragraph. The health examination will take into consideration the correlation between the alien's physical ability to work in his intended occupation.

Article 30. When a health examination is conducted abroad for purposes of granting a consular visa to an alien seeking to enter Brazil, it must be performed by a physician acceptable to the Brazilian consular office.

Article 31. When a health examination is conducted abroad for a candidate seeking a permanent visa, or in Brazil for a candidate seeking a change of visa, it must include the entire family group, as duly determined, even if it is only the head of the family who is a candidate for immigration.

§1. The family group determination referred to in this article shall be based on presentation of the family registry, a consular declaration or a document acceptable to the health authorities.

§2. Where only the head of the family is a candidate for permanent residency, that person must also submit medical examinations of his legal dependents, performed by a physician acceptable to the Brazilian consular office or, if such a physician is not available, by an official body of the country of origin.

Article 32. In fulfilling the provisions of the preceding article, the following rules must be observed:

I. For married couples: medical examinations of the spouses, of minor children and legal dependents;

II. For minor children: a medical examination of the parents;

III. For unmarried adults: individual medical examination.

Article 33. If any member of the family group is declared ineligible for any of the reasons stipulated in items I to III and V to VIII of article 52, the entire group will be rejected.

Sole paragraph. The restrictions of this article shall not apply to a person 60 years of age or over who is a dependent of a qualified immigrant, provided his condition does not constitute a risk to public health.

Article 34. Where the national interest so requires, the restrictions contained in the special technical rules established by the Ministry of Health will not prevent the granting of a permanent or temporary visa, as referred to in item V of article 22, provided the condition of the alien's health does not pose a risk to public health.

Article 35. Health certificates and forms must be consistent with the models prepared by the Ministry of Health.

SECTION II. Extension of temporary stay

Article 66. The length of stay authorized by a temporary visa may be extended:

I. By the Federal Police Department, in the cases of items II and III of article 22;

II. By the Federal Justice Department, in all other cases, with due regard to prevailing labor legislation, and with the consent of the Department of Immigration of the Ministry of Labor, as required.

§1. The extension will be issued under the same category as that under which the alien is classified and may not exceed the limits stipulated in article 25.

§2. Submission of an application will not necessarily prevent the Federal Police Department from taking steps to remove an alien who has exceeded the length of his authorized stay.

Article 67. An application for extension of temporary stay must be submitted before the end of the previously authorized stay and must include:

I. An authenticated copy of the travel document;

II. Evidence:

a) of temporary registration;

b) of the applicant's means of support;

c) of the reason for the requested extension.

§1. Evidence of means of support, referred to in article 22, shall be provided:

I. In the case of item I, by renewal of an invitation or an indication from an official or private cultural or scientific body, or submission of a suitable document justifying the application and specifying the length of stay and the nature of the function;

II. In the case of item II, by a document certifying financial suitability;

III. In the case of items III and V, by proof of extension of the initial contract or a new labor contract, showing that the employer assumes responsibility for the applicant's return [to his own country];

IV. In the case of item IV, by written evidence of a commitment of support, except in the case of a student under a special agreement;

V. In the case of item VI, by a declaration of the organization with which the alien is connected, justifying the need for the extension and indicating its length;

VI. In the case of item VII, by a commitment of support from the organization with which the alien is connected.

§2. In the case of a student, the application must also be accompanied by evidence of scholastic achievement and guarantee of tuition fees.

3. An application for extension pursuant to item II of the preceding article must be submitted at least 30 days before the end of the authorized stay.

4. In the case contemplated in the preceding paragraph, the application may be submitted directly to the Federal Justice Department or to the local office of the Federal Police Department, which will forward it to the Ministry of Justice within five days, under the responsibility of the official concerned.

5. In the case of item III, the body granting the extension will report this fact to the Immigration Department of the Ministry of Labor.

TITLE IV. EXIT AND RETURN

Article 89. Upon leaving the national territory, an alien must submit his travel document and his entry and exit card to the Federal Police Department.

Sole paragraph. The Federal Police Department will enter on the documents the date on which the alien leaves the national territory.

Article 90. An alien registered as a permanent resident, having left Brazil, may return without a visa if he does so within two years after the date he left Brazil, with due regard to the provisions of the sole paragraph of the preceding article.

Sole paragraph. Upon expiry of the time limit referred to in this article, re-entry into Brazil as a permanent resident will require the granting of a new visa.

TITLE X. NATURALIZATION

Article 119. An alien who intends to become naturalized must submit an application to the Ministry of Justice, declaring his full name, country of birth, nationality, parentage ["filiation"], sex, marital status, day, month and year of birth, occupation, places in which he has resided previously in Brazil and abroad. He must also meet the requirement of item VII of article 112 of Law No. 6815 of 19 August 1980, and declare whether he intends to translate or adapt his name to Portuguese, with submission of the following documents:

I. Authenticated copy of permanent resident's identity card;

II. Police certificate of continuous residence in Brazil for a period of at least four years;

III. Certified police record issued by the competent authorities of the place of residence in Brazil;

IV. Proof of exercise of an occupation or valid document proving that he possesses sufficient assets to support himself and his family;

V. Official certificate of physical and mental health;

VI. Certificates demonstrating, as appropriate, compliance with the conditions of article 113 of Law No. 6,915 of 19 August 1980;

VII. A certificate of compliance with income tax requirements, except under the conditions stipulated in paragraph 2(b) and (c) of this article.

§1. If the identity card omits any information concerning the qualification of the applicant for naturalization, another official document containing such information must be submitted.

§2. The requirements of item IV will be deemed to be satisfied if the applicant:

a) receives retirement income;

b) is a student of 25 years of age or less, living as a dependent of a parent, sibling or guardian;

c) is married to a Brazilian or has support provided by a parent or child who has sufficient resources to meet the legal obligation of providing maintenance.

§3. Where continuous residency of four years is required for naturalization, the calculation of that time will not be interrupted by trips abroad, provided the reasons for such travel are justified in the view of the Ministry of Justice, and if the total length of such absences does not exceed 18 months.

4. The residency requirement referred to in item II of this article is waived, and a stay of only 30 days in Brazil is required, where:

a) the applicant alien has been married for at least five years to a Brazilian diplomat on active service; or

b) the applicant alien has been employed by a Brazilian diplomatic mission or consular office for at least ten years without interruption of service.

§5. The requirement referred to in item V of this article is waived if the alien has lived in Brazil for more than two years.

§6. Portuguese nationals are exempt from the requirements of item IV of this article, and for purposes of item II uninterrupted residency of one year is sufficient.

§7. The application for naturalization must be signed by the applicant but, if he is a Portuguese national, it may be signed by a person with power of attorney.

Article 120. A person admitted to Brazil before the age of five years, and who is a permanent resident of Brazil, may apply for naturalization at any time until two years after reaching the age of majority, by submitting an application accompanied by:

I. Permanent resident's identity card;

II. Police certificate of continuous residence in Brazil since arrival; and

III. Certified police record, issued by the competent authorities of the place of residence in Brazil.

Article 121. An alien admitted to Brazil before the age of five years and who is a permanent resident of Brazil may, while still a minor, apply for a provisional certificate of naturalization, through his legal representative, submitting the following documentation:

I. Proof of date of entry into Brazil;

II. Proof of permanent-resident status;

III. Birth certificate or equivalent document;

IV. Proof of nationality; and

V. Certified police record, issued by the competent authorities of his place of residence in Brazil, if he is 18 years of age or older.

Article 122. A person naturalized pursuant to the preceding article who intends to remain a Brazilian citizen must so declare to the Ministry of Justice within two years after reaching the age of majority, by submitting an application together with:

I. Authenticated copy of his identity card; and

II. The original of the provisional naturalization certificate.

Article 123. An alien who has resided in Brazil before achieving the age of majority and who has taken instruction in a Brazilian institution of higher learning may, within one year after his graduation, apply for naturalization, by submitting an application with the following documents:

I. Permanent resident's identity card;

II. Police certificate of continuous residence in Brazil since arrival; and

III. Certified police record issued by the competent authorities of his place of residence in Brazil.

Article 124. Aliens referred to in paragraph 4(a) and (b) of article 119 must provide the following with their application for naturalization:

I. In the case of paragraph 4(a): proof of marriage, duly authorized by the Brazilian government;

II. In the case of paragraph 4(b): documents provided by the Ministry of Foreign Affairs proving that the applicant has been performing his services for more than 10 consecutive years, and recommending him for naturalization;

III. In both cases, if the candidate is abroad:

a) a certified photocopy of his identity document, translated if not in Portuguese;

b) a document proving that the person has been in Brazil for 30 days;

c) a certificate of physical and mental health issued by a physician approved by the Brazilian consular authorities, where it is impossible to perform a health examination in Brazil;

d) three sets of fingerprints taken by the competent local authorities in the place of residence or by the Brazilian consular service, where there is no record of the alien's registration in Brazil or where it cannot be proven that he was registered as an alien in Brazil.

Sole paragraph. The authorization referred to in item I is not required if the marriage occurred before the Brazilian spouse entered the diplomatic service.

Article 125. The application referred to in articles 119, 120,122 and 123, addressed to the Ministry of Justice, must be submitted to the local office of the Federal Police Department.

§1. In the case of Article 121, the application may be submitted directly to the Federal Justice Department, in which case the formalities of §3 of this article are waived.

§2. In the case of article 124, the application may be submitted to the Brazilian consular office, which will forward it through the Ministry of Foreign Affairs to the Federal Justice Department for purposes of this article.

§3. In processing the application, the office of the Federal Police Department shall:

I. Submit the applicant's fingerprints to the National Identification Bureau, requesting any information in its files;

II. Investigate the conduct of the applicant;

III. Issue a recommendation as to whether naturalization should proceed;

IV. Certify whether the applicant can read and write Portuguese, within due regard to his status;

V. Attach an investigation report, using its own form.

§4. The application referred to in item I of the preceding paragraph must be processed within 30 days.

§5. Processing, with or without the background file, must be completed within 90 days, at the end of which time it will be sent to the Federal Justice Department, under the full responsibility of the official concerned.

Article 126. Once the processed application is received, the Director General of the Federal Justice Department may set aside or dismiss the application, if the applicant fails to meet any of the conditions set forth in articles 112 and 116 of Law No. 6,815 of 19 August 1980.

§1. A decision to dismiss an application may be appealed within 30 days after its publication in the Official Gazette.

§2. If the dismissal is upheld, an appeal may be made to the Minister of Justice, again within 30 days.

Article 127. In the absence of the situation contemplated in the preceding article, or if a final decision on an appeal has not been rendered, the Director General of the Federal Justice Department may order further investigation as he deems necessary.

§1. The Federal Justice Department will inform the applicant of any further requirements and the time limit for fulfilling them.

§2. If the applicant fails to fulfill these requirements within the time limit, or leaves any unjustified omissions, the application will be set aside and may be renewed only upon fulfillment of all the requirements of article 119.

§3. If the further measures require action by other than the applicant, the agent of whom they are requested must comply within 30 days, under penalty of law.

Article 128. Upon publication of the Naturalization Decree in the Official Gazette, the Federal Department of Justice will issue a certificate for each applicant.

§1. The certificate will be sent to the Federal Judge of the city where the applicant resides, for individual or group presentation in a public ceremony at which the magistrate will explain the significance of the act and the duties and rights flowing therefrom.

§2. Where there is more than one federal judge, the presentation will be made by the primary magistrate.

§3. Where there is no federal judge in the city in which the applicants reside, presentation will be made by the ordinary judge of the comarca or, in his absence, that of the nearest comarca.

§4. If during the proceedings the interested party should change his place of residence, he may request that the certificate be presented by the competent judge for the city in which he resides at that time.

Article 129. A sworn statement will be taken at the time of presentation of the certificate, signed by the judge and by the applicant, who must:

I. Demonstrate that he knows the Portuguese language, in accordance with his status, as demonstrated by a reading of selections from the Constitution;

II. Declare expressly that he renounces any previous nationality;

III. Pledge to fulfill the duties of Brazilian citizenship.

§1. A naturalized Portuguese citizen is exempt from the provisions of item I of this article.

§2. The date on which the applicant made his pledge, and the fact that the sworn statement was given, will be recorded on the certificate.

§3. The judge will report the date of presentation of the certificate to the Federal Justice Department.

§4. The Federal Justice Department will report all naturalizations to the office responsible for military enlistment and to the Federal Police Department, as soon as presentation of the certificates is recorded.

Article 130. In the cases of articles 121 and 122, the Federal Justice Department or the regional office of the Federal Police Department will present the certificate of naturalization to the applicant or his legal representative, who must furnish a written receipt.

Article 131. Certificates may be presented to the applicants referred to in article 124 by the head of the Diplomatic Mission or Brazilian Consular Office in the country where they reside, with due regard to the formalities stipulated in the preceding article.

Article 132. Naturalization will be null and void if the applicant does not request presentation of the certificate within twelve months after the date of its publication, unless he can prove to the Minister of Justice that he was prevented from doing so by circumstances beyond his control.

Sole paragraph. Upon expiry of the time limit referred to in this article, the certificate must be returned to the Director General of the Federal Justice Department for disposal, noting the circumstances under which it was returned.

Article 133. The process that begins with the application for naturalization is concluded upon formal delivery of the certificate, in the manner stipulated in articles 129 to 131.

§1. In the course of naturalization proceedings, any citizen may challenge those proceedings, on substantiated grounds.

§2. Such a challenge must be submitted in writing to the Minister of Justice, and proceedings will be suspended until the challenge is decided.

Article 134. Delivery of the certificate will be suspended if federal or state authorities confirm that the conditions under which naturalization was authorized have changed.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Brazil. 10 December 1981. Decree No 86,715. http://www.senado.gov.br [Accessed 20 Mar. 2000] Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada.

_____. 19 August 1980. Law No 6,815. http://www.senado.gov.br [Accessed 20 Mar. 2000] Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada.