Brazil and Haiti: Whether it is possible for Haitian nationals living in Canada with a Brazilian minor child living in Brazil to apply for a temporary visa for family reunification in Brazil, including requirements and application procedure; whether it is possible for Haitian nationals living in Canada with a Brazilian minor child living with them in Canada to apply for a temporary visa for family reunification in Brazil, including requirements and application procedure; whether the same applies when the child is of age (2017–December 2020) [ZZZ200391.FE]

Research Directorate, Immigration and Refugee Board of Canada

1. Admissibility

In correspondence with the Research Directorate, the Deputy Consul General of the Consulate General of Brazil in Toronto stated that

[t]he parents of a Brazilian national may apply for a Family Reunion visa, even if said Brazilian national is a minor (under 18 years of age, as in Brazilian law) according to Brazilian Migration Federal Law - Lei de Imigração no 13.445/2017 and Federal Ordinance 12/2018, article 2, item IV. (Brazil 4 Dec. 2020)

According to Union Immigration Services, an immigration consulting firm in Brazil (Union Immigration Services n.d.), Interdepartmental Decree 12/2018 (Portaria interministerial 12/2018) extends the scope of family reunification to additional categories of beneficiaries (Union Immigration Services 14 June 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Article 2 of Interdepartmental Decree 12/2018 on granting a temporary visa and a residence permit within the family class provides the following:

[translation]

Article 2. A temporary visa under family reunification may be granted to an immigrant who

  1. is the spouse or partner, without discrimination, in accordance with the Brazilian legal system;
  2. is the child of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  3. is the stepchild of a Brazilian citizen or immigrant with a residence permit, provided the stepchild is under eighteen years of age, or up to twenty-four years of age if proven to be a student, or of any age if proven to be economically dependent on the applicant;
  4. has a child with Brazilian citizenship;
  5. has a child who is an immigrant and who has been granted a residence permit;
  6. is an ascendant up to the second degree of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  7. is a descendent up to the second degree of a Brazilian citizen or an immigrant to whom a residence permit has been granted;
  8. is the sibling of a Brazilian citizen or an immigrant to whom a residence permit has been granted, provided the sibling is under eighteen years of age, or up to twenty-four years of age if proven to be a student, or of any age if proven to be economically dependent on the applicant;
  9. assumes the wardship, trusteeship or guardianship of a Brazilian citizen. (Brazil 2018)

Similarly, in a telephone interview with the Research Directorate, a representative of the Consulate General of Brazil in Montreal stated that, in the case of a temporary visa application for family reunification by parents of a Brazilian citizen, the child with Brazilian citizenship may be a minor (Brazil 2 Dec. 2020).

However, the website of the Consulate General of Brazil in Vancouver states that a permanent visa under family reunification may be granted to [Brazil English version] "dependents" of a Brazilian citizen aged 18 or more (Brazil n.d.a). The same site states that dependents may include [Brazil English version] "ascendants of Brazilian citizens or [a Brazilian permanent resident] if it is proven that the applicant requires effective support from the sponsor" (Brazil n.d.a). However, in a follow-up correspondence with the Research Directorate on 9 December 2020, the Deputy Consul General of the Consulate General in Toronto explained that the temporary visa for family reunification is the same as the permanent visa for family reunification, but the terminology has changed with the new immigration legislation [adopted in 2017] and there are no more "'permanent'" visas (Brazil 9 Dec. 2020). The same source added that "the visa in itself is temporary, even though its holder might live indefinitely in Brazil as long as they follow some procedures when they arrive in Brazil in order to [be] granted permanent resident status" (Brazil 9 Dec. 2020). According to the source, visas are temporary because they have an expiry date, but they provide the opportunity to apply for permanent residence in Brazil (Brazil 9 Dec. 2020). For further information on obtaining permanent residence for family reunification, see Response to Information Request ZZZ106283 of April 2019.

The Deputy Consul General from the Consulate General in Toronto added regarding the visa application that it does not matter whether the Brazilian child lives in Brazil at the time of the application or in Canada with their parents (Brazil 4 Dec. 2020).

2. Requirements and Procedure

According to the representative of the Consulate General in Montreal, the requirements and procedure for the parents of a minor child with Brazilian citizenship to apply for a temporary visa for family reunification are the same as those for an adult child (Brazil 2 Dec. 2020). The Deputy Consul General noted that the procedure for requesting such a visa is "the same as stated on our website" in the section VITEM XI and that although the site sometimes refers to the applicant as "spouse," the same requirements and procedures apply for the parents (Brazil 4 Dec. 2020). The website of the Consulate General of Brazil in Toronto lists the following steps to apply for a temporary visa

  • Fill out the visa request form online.
  • Print and sign the one-page Visa Form Delivery Receipt (RER).
  • Submit in person the additional documents required, including documents specific to the type of visa requested (Brazil n.d.b).

According to the same source, the following documents are required for all types of temporary visa:

  • A passport that is valid for the entire period of the stay in the country with two blank pages for the visa. Non-Canadians must also provide proof of legal status in Canada, such as a valid visa (if applicable), an admission stamp in the passport, a copy of a valid study or work permit or a copy of the permanent resident card;
  • A birth certificate showing the parents' names;
  • The RER form once the visa application form has been completed online;
  • A recent passport-type photo;
  • If the applicant is a minor, the Minor Travel Authorization Form signed by both parents or the legal guardians, and a copy of a document proving their relationship with the applicant;
  • Proof of income: a bank or credit card statement or pay stubs from the last three months (Brazil n.d.b).

In addition, in the case of a temporary visa for family reunification, the same source states that the following documents are required:

  • Criminal record check based on full name, issued within the last three months by the RCMP or the local police force;
  • Proof of relationship to the Brazilian national (e.g., birth certificate);
  • Official ID for the Brazilian spouse;
  • Declaration of the Brazilian spouse’s residence: declaration by the Brazilian spouse, under penalty of law, that he or she lives or intends to live in Brazil and for how long;
  • Declaration by the foreign applicant that they have no criminal record in any country in the five years prior to the visa application date;
  • Birth certificate showing the name of the parents. For the registration process with the Brazilian Federal Police (Polícia Federal), the certificate must be legalized (Brazil n.d.b).

However, the representative of the Consulate General in Montreal stated that the declaration signed by the Brazilian party is not required in the case of a minor child who is a Brazilian citizen and added that proof of the relationship between the child and their parents, namely, the Brazilian birth certificate, is required (Brazil 2 Dec. 2020).

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. 9 December 2020. Consulate General of Brazil in Toronto. Correspondence sent to the Research Directorate by the Deputy Consul General.

Brazil. 4 December 2020. Consulate General of Brazil in Toronto. Correspondence sent to the Research Directorate by the Deputy Consul General.

Brazil. 2 December 2020. Consulate General of Brazil in Montreal. Telephone interview with a representative.

Brazil. 2018. Portaria interministerial nº 12, de 13 de junho de 2018. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 9 Dec. 2020]

Brazil. N.d.a. Consulate General of Brazil in Vancouver. "Permanent Visa (VIPER)." [Accessed 9 Dec. 2020]

Brazil. N.d.b. Consulate General of Brazil in Toronto. "Temporary Visas." [Accessed 9 Dec. 2020]

Union Immigration Services. 14 June 2018. "Portaria interministerial nº 12, sobre visto temporário e autorização de residência para reunião familiar." [Accessed 16 Dec. 2020]

Union Immigration Services. N.d. "About Union!" [Accessed 16 Dec. 2020]

Additional Sources Consulted

Oral sources: Brazil – Consulate General in Vancouver, Embassy in Ottawa.

Internet sites, including: Brazil – Consulate General in Montreal, Embassy in Ottawa, Polícia Federal; Deloitte Brazil; EU – European Asylum Support Office; Factiva; UN – Refworld; US – Law Library of Congress; Veirano e Advogados Associados.