Brazil and Haiti: Whether it is possible for Haitian nationals whose children have Brazilian citizenship to obtain permanent resident status; requirements and application procedure (2017-April 2019) [ZZZ106283.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Family Reunification Laws

Sources report that in Brazil, Law No. 13,445 of 24 May 2017 (Lei no 13.445, de 24 maio de 2017), new immigration legislation, came into force on 21 November 2017 (Newland Chase 23 Nov. 2017; Veirano E Advogados Associados 9 Jan. 2018). According to sources, Decree No. 9,199 of 20 November 2017 (Decreto no 9.199 de 20 de novembro de 2017) regulates Law No. 13,445 (Newland Chase 23 Nov. 2017; EY Dec. 2017).

Article 45 of Decree No. 9,199 of 20 November 2017 provides the following:

[translation]

Art. 45. A temporary visa shall be granted for family reunification reasons to immigrants who meet one of the criteria listed below. They must:

  1. be the spouse or partner, without discrimination, in accordance with the Brazilian legal system;
  2. be the child of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  3. have a child with Brazilian citizenship;
  4. have a child who is an immigrant and who has been granted a residence permit;
  5. be an ascendant up to the second degree of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  6. be a descendant up to the second degree of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  7. be the sibling of a Brazilian citizen or an immigrant to whom a residence permit has been granted; or
  8. assume the wardship, trusteeship or guardianship of a Brazilian citizen.
  1. By way of an act, the minister of Foreign Affairs has the authority to determine the need for an inperson interview and for additional documents to prove the family relationship, if applicable.
  2. By means of a joint order, the ministers of state for Justice, Public Security and Foreign Affairs may establish other family relationships for the purposes of granting visas mentioned in the first paragraph, as well as related requirements, durations, conditions and procedures.
  3. In accordance with the law, a visa holder mentioned in the first paragraph may perform any activity in the country, including paid activities, under the same conditions as Brazilian nationals.
  4. An application for a temporary visa for reasons of family reunification may be presented at the same time as the family member’s application for a temporary visa.
  5. The visa mentioned in the first paragraph cannot be granted if the applicant already has a family reunification visa or permit or a temporary residence permit. (Brazil 2017a)

Articles 65 and 66 of Law No. 13,445 of 2017 provide the following:

[translation]

Article 65. Ordinary naturalization shall be granted under the following conditions:

  1. having civil capacity, in accordance with Brazilian law;
  2. having resided in the national territory for at least four (4) years;
  3. being able to communicate in Portuguese, the conditions for acquiring naturalization having been taken into account;
  4. having not been convicted of a criminal offence or received a pardon, as per the provisions of the law.

Article 66. The period of residence established in paragraph II of Article 65 shall be reduced to a minimum of one (1) year when the applicant for naturalization meets one of the following conditions:

  1. (REPEALED);
  2. The applicant has a Brazilian child;
  3. The applicant has a Brazilian spouse or partner and is not legally or de facto separated when naturalization is granted;
  4. (REPEALED);
  5. The applicant provides or is able to provide valuable service to Brazil;
  6. The applicant has been recommended for their professional, scientific or artistic skills.

Sole paragraph. Compliance with the conditions set out in paragraphs V and VI of the chapter shall be assessed in accordance with the regulations. (Brazil 2017b)

2. Procedure

According to the website of the Consulate General of Brazil in Montreal, persons seeking to reside in Brazil may be granted a temporary visa for a variety of reasons, including family reunification; the visa for family reunification [Brazil English version] “allows family members of Brazilian nationals or Brazilian residents to establish residence in Brazil” (Brazil n.d.a). The same source provides the following information regarding the procedure for obtaining a temporary visa:

[Brazil English version]

  1. Fill out the online visa request form [including uploading a photo].
  2. Print and sign the one-page “Visa Form Delivery Receipt (RER)”.
  3. After submitting the online form, the applicant must present the required documents listed below, as well as specific documents depending on the type of visa requested.
    • in person at the [c]onsulate …
    • by mail or a third party
  4. The estimated processing time is up to 10 (ten) business days, from the date the documents are received at the [c]onsulate.

… [V]isa fees … : [C$150 (Brazil n.d.b)]. (Brazil n.d.a)

The Consulate General of Brazil in Montreal also lists the following requirements for [Brazil English version] “[all] types of [t]emporary [v]isa”:

[Brazil English version]

Original passport

  • The passport must be valid for the entire period of the stay in the country until the date of applicant’s departure.
  • It must have at least two blank pages, for the visa.
  • Non-Canadians must also provide proof of legal status in Canada such as valid visa (if applicable), admission stamp on the passport, a copy of valid study permit or a copy of valid work permit or a copy of the permanent resident card[.]

Birth certificate

  • The name of the parents must be indicated.
  • [In the registration process with the Federal Police, in Brazil, the birth certificate must be legalized.]

[RER]

  • Fill out the Visa Request Form [online].
  • Print the [RER] and sign it in the designated box.
  • In case of minor applicants, both parents must sign the [RER] in the designated box.

One (1) recent passport photo

A passport photo of the front face, taken against a plain off-white or white background, within the last 6 months.

If the applicant is under 18 years old, [the following] is required:

  1. Minor Travel Authorization Form signed by both parents or [the] legal guardia[n].
  2. A copy of a document proving the relationship with the minor. Examples: one piece of [ID] from each parent accompanied by the minor’s birth certificate stating the parent’s names; or parent’s death certificate, when applicable; or a copy of a judicial document attesting the sole custody, when applicable. (Brazil n.d.a)

The same source indicates the following additional documents that are required for the family reunification visa:

[Brazil English version]

Police Clearance

  • Non-fingerprint name check only issued by RCMP or your local police.
  • Must have been issued within the last 3 months.

Proof of relationship

  • Proof of relationship to the Brazilian national or foreign citizen resident in Brazil, e.g.: birth or marriage certificate.

Brazilian ID

  • Official ID of the Brazilian spouse.

Declaration of the spouse’s residence

  • Declaration of the Brazilian spouse, under the penalties of the law, that he/she resides in Brazil.

Foreign applicant: Declaration of a criminal record absence.

  • Declaration by the foreign applicant, under penalties of the law, of an absence of criminal records in any country, in the 5 years prior to the date of the visa application.

In cases of family reunion by marriage/stable union: Joint declaration

  • A joint statement of the Brazilian and foreign parties, under the penalties of the law, regarding the continuity of effective union and coexistence.

Birth certificate

  • The name of the parents must be indicated.
  • In the registration process with the Federal Police, in Brazil, the birth certificate must be legalized. (Brazil n.d.a)

According to the Brazilian Federal Police (Polícia Federal) website, a residence permit granted for the purpose of family reunification will be valid for the same period as the family member’s residence authorization (Brazil 30 May 2018).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Brazil. 30 May 2018. Polícia Federal. “Residência com base em reunião familiar .” Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 5 June 2018]

Brazil. 2017a. Decreto Nº 9.199, de 20 de novembro de 2017 (Decree No. 9,199 of 20 November 2017). Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 5 June 2018]

Brazil. 2017b. Lei No 13.445, de 24 de maio de 2017 (Law No. 13,445 of 24 May 2017). Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 5 June 2018]

Brazil. N.d.a. Consulate General of Brazil in Montreal. “Visa temporaire .” [Accessed 9 Apr. 2019]

Brazil. N.d.b. Consulate General of Brazil in Montreal. “Modalités de paiement .” [Accessed 12 Apr. 2019]

Ernst & Young Global Limited (EY). December 2017. Raquel Teixeira and Renata Porto. “Brazilian Federal Government Published Decree Nr. 9.199 that Regulates the New Migration Law Nr. 13.445 .” Taxalert. [Accessed 25 Mar. 2019]

Newland Chase. 23 November 2017. “Brazil: New Immigration Law Takes Effect .” [Accessed 8 Apr. 2019]

Veirano E Advogados Associados. 9 January 2018. “Brazil: AILA GMS Spotlight Interview Series .” [Accessed 12 Apr. 2019]

Additional Sources Consulted

Oral sources:Brazil – consulate in Montréal, consulate in Vancouver, embassy in Ottawa; immigration consultant firms in Brazil, Canada and the US.

Internet sites, including:Agência Brasil; Amnesty International; Asylum Research Centre; Brazil – Comitê Nacional para os Refugiados, embassy in Ottawa, Ministério da Justiça e Segurança Pública; Caritas; ecoi.net; EMDOC; US – Department of State, Law Library of Congress; Human Rights Watch; Migration Policy Institute; UN – Refworld; The Rio Times.