Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Response to Information Request ZZZ106282 of August 2019 was updated to replace the translation of Decree No. 9,199 of 20 November 2017.

1. Legislation on Revoking the Residence Permit

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; Veirano E Advogados Associados 9 Jan. 2018).

Article 135 of Decree No. 9,199 provides the following:

[translation]

Art. 135. A residence permit will be revoked in the following circumstances:

1. The original basis for the residence permit ceases to exist;
2. A residence permit has been obtained on different grounds; and
3. Absence from the country for a period of more than two years without presentation of a justification.

Paragraph 1 - The immigrant must notify the Federal Police whenever he or she ceases to meet the conditions of his or her residence permit during its validity period.

Paragraph 2 – The provision in item I of the introduction does not prevent the immigrant from applying for a residence permit on other grounds. (Brazil 2017)

Given the provisions of Law No. 13,445, Brazil adopted Interministerial Order No. 10 of 6 April 2018 (Portaria Interministerial no 10, de 6 de abril de 2018), which [translation] “[p]rovides that temporary visas and residence permits shall be granted for humanitarian reasons to Haitian nationals and stateless persons residing in the Republic of Haiti” (Brazil 2018). Under Article 13, the Interministerial Order came into effect on the day it was published, i.e. on 9 April 2018 (Brazil 2018). Article 11 of Interministerial Order No. 10 of 2018 provides the following:

[translation]

Article 11. The basis for the humanitarian acceptance provided for in this order will be considered null and void if the immigrant leaves Brazil permanently when there is information showing that the immigrant attempted to reside in another country. (Brazil 2018)

For further information on permanent resident status, see Response to Information Request ZZZ201123 of June 2022.

2. Available Recourse

According to the website of the Consulate General of Brazil in Vancouver,

[i]f the holder of a permanent visa, even after all registration procedures in Brazil have been completed, leaves the country for more than two years in a row, the visa will expire, the ID for foreigner (RNE) [Registro Nacional de Estrangeiro] will automatically be revoked and the person will have to re-apply for a new permanent visa.

…

The Consular Authority may grant a new VIPER [permanent visa valid for five years] to a foreigner who once lived in Brazil as a permanent resident and then left in order to pursue or complete:

• University studies (undergraduate or graduate level);
• Professional training;
• Research activity at an institution recognized by the Brazilian Ministry of Science and Technology;
• Professional activity for the Brazilian government. (Brazil n.d.a)

Article 134 of Decree No. 9,199 provides the following:

[translation]

Art. 134. An immigrant may appeal a decision refusing permanent residence within 10 days following the date on which the immigrant is informed of the decision, ensuring the observance of the rights of the defence and of the adversarial nature of proceedings, and alternatively [application of] the provisions of Law No. 9,784 of 29 January 1999 [1]. (Brazil 2017)

The website of the Federal Police (Polícia Federal) of Brazil states that an immigrant who is absent from the country for a period of more than two years without presentation of a justification may have their permanent residence revoked (Brazil 30 Apr. 2018). According to the same source,

[translation]

[o]nce the process to revoke residence is initiated, the immigrant is notified, preferably electronically, that he or she has ten days to present his or her defence.

He or she may present his or her defence independently or through an appointed defence counsel, and make use of the recourse and means provided by the law, including the use of a translator or interpreter.

If an immigrant who has been legally notified does not present his or her defence, he or she is considered to be in default and the procedure to revoke residence is then initiated. (Brazil 30 Apr. 2018)

In correspondence with the Research Directorate, the Brazilian Federal Police attaché at the Embassy of Brazil in Washington notes that if a resident is absent from the country for two years without justification, a procedure to revoke their residence permit will be initiated (Brazil 27 June 2019). According to the attaché, the resident will receive a notice of defence, sent by mail or electronically, stating that he or she must present his or her defence within ten days or his or her resident status will be automatically revoked (Brazil 29 July 2019). According to the same source, a former resident seeking to regain permanent residence will have to restart the entire application process (Brazil 27 June 2019).

According to the website of the Consulate General of Brazil in Montreal, “[a] temporary visa may be granted to the applicant who intends to travel to Brazil to establish residence for a specified period of time” (Brazil n.d.b). The same website states that a temporary visa may be granted for the following reasons:

[Brazil English version]

1. Research, teaching or academic extension, with a stay of more than 90 days;
2. Health treatment, with a stay of more than 90 days;
3. Study, with a stay of more than 90 days;
4. Work;
5. Religious activity;
6. Voluntary service, with a stay of more than 90 days;
7. Artistic or sports activities, with a stay of more than 90 days;
8. Family reunion. (Brazil n.d.b)

For further information on family reunification, see Response to Information Request ZZZ106283 of April 2019.

Information on whether Haitians who have lost their permanent resident status have been able to reacquire it could not be found among the sources consulted by the Research Directorate within the time constraints of this response.

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.

Note

[1] This law is regarding the administrative processes in place in the federal public service and, more specifically, the protection of users' rights (Brazil 1999).

References

Brazil. 29 July 2019. Correspondence from the Polícia Federal attaché at the Embassy of Brazil in Washington to the Research Directorate.

Brazil. 27 June 2019. Correspondence from the Polícia Federal attaché at the Embassy of Brazil in Washington to the Research Directorate.

Brazil. 30 April 2018. Polícia Federal. "Por motivos alheios à minha vontade, permaneci mais de 02 (dois) anos ininterruptos fora do país. Perdi a minha residência por prazo indeterminado?" Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 9 Aug. 2019]

Brazil. 2018. Portaria Interministerial no 10, de 6 de abril de 2018. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 4 June 2018]

Brazil. 2017. 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. 1999. Lei no 9.784, de 29 de janeiro de 1999 (Law No. 9,784 of 29 January 1999). [Accessed 14 July 2019]

Brazil. N.d.a. Consulate General of Brazil in Vancouver. "Permanent Visa (VIPER)." [Accessed 29 Mar. 2019]

Brazil. N.d.b. Consulate General of Brazil in Montreal. "Visa Temporaire (VITEM)." [Accessed 29 June 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 – Embassy in Ottawa, Consulate General in Montreal, Consulate General in Vancouver; immigration consulting 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; Human Rights Watch; Migration Policy Institute; The Rio Times; UN – Refworld; US – Department of State, Law Library of Congress.