By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Expert
Partner at Mitico Advogados and BR-Visa
Family members of migrants that are beneficiary of residence authorization in Brazil or migrants relatives to Brazilian citizens may live in Brazil under a specific visa, a residency authorization based on family reunion. Migrants with residence authorization based on family reunion, may exercise any activity in the country, including studying and working, on equal terms with the Brazilian national.
Applicable Permit
Brazil has a specific residence permit for migrants that have Brazilian relatives or are relatives to migrants beneficiary of a residence permit in Brazil.
Applicable legislation
The inter-ministerial ordinance nº 12, of June 13, 2018, from the Ministry Justice, Ministry of Foreign Affairs and Extraordinary Ministry of Public Security, disciplines the temporary visa and the residence permit for family reunion.
Main Requirements
The temporary visa and residence authorization for family reunion may be granted to the migrant:
I – spouse or companion (in Brazil known as união estável) of a Brazilian or migrant beneficiary of a residence permit, under the terms of the Brazilian legal system;
II – child of a Brazilian or of a migrant beneficiary of a residence permit;
III – stepchild of a Brazilian or of a migrant beneficiary of a residence permit, provided that he 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 economically dependent to the Brazilian or migrant beneficiary of a residence permit;
IV – who has a Brazilian child;
V – who has a migrant child who is a beneficiary of a residence permit;
VI – ascendant up to the second degree of Brazilian or migrant beneficiary of a residence permit;
VII – descendant up to the second degree of Brazilian or migrant beneficiary of a residence permit;
VIII – sibling of a Brazilian or a migrant who is beneficiary of a residence permit, provided that he 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 economically dependent to the Brazilian or migrant beneficiary of a residence permit; or
IX – that has a Brazilian under its guardianship, trustee or guardianship.
Peculiarities
The request for a temporary visa and authorization for family reunion may occur concomitantly with the request for a temporary visa and residency authorization of the family member that will be beneficiary of a residency authorization to which this family reunion shall be bonded.
When the request is made based on a family reunion with a migrant beneficiary of a residence authorization for a specific period, the expiration date of the family member’s residence permit will coincide with the expiration date of the residence authorization of the calling family member.
The beneficiary of the residence permit for family reunion may carry out any activity in the country, including remunerated activities, on equal terms with the Brazilian nationals.
The barrier of a residence permit based on family reunion will become a tax resident in Brazil and subject to all Brazilian tax obligations as soon as this migrant enters the country with such permit or obtains the residence permit if he is already in the country.
Timeframe – Issuance and Validity
Issuance
It takes around 30 days for the residence permit to be approved, counting from the date the process is filled.
Validity
In the case of family reunion for family members of a Brazilian, the initial period of residence will be of 9 years.
And for a family reunion with a migrant benefiting from residence, the expiration date of the authorization will coincide with the date of the calling family member.
Picture: Freepik