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Birth Naturalization and living in Brazil

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LensSiano

Hi everyone, I'm hoping that all is well.

I'm Jonalin, I live in the Philippines, new to this forum. I'm glad to be here to meet and greet friends and hopefully will get answers. I'm pregnant with my second baby for 4 months and we are going to live in Brazil, and  for the change of my citizenship. Before I proceed to get an agent, am hoping that somebody could answer my questions and basic idea to keep going.

1. How long would it take to get the baby's passport after birth?
2. What are the formal procedure on getting the permanent residence in Brazil?
3. How long would it take to get the citizenship (if fortunate) in Brazil?
4. Dis-advantages of living brazil?
5. Is home birth allowed in Brazil?


Those are the few questions am currently working on to find out, and hoping that i could get an idea from you guys.

Thank you, keep well, regards,
Jonalin

Texanbrazil

First welcome,
I am not clear as to "we are coming to live in Brasil? Does "we mean just you and first child? When do you want to travel? What type of Visa will you enter under?
Being 4 months along and traveling later may raise issues with the Policia Federal as to having a baby in BR just to get residence.
You would need health insurance, residence location, birth certificates for you and your first child.
If you have no family to sponsor you living in Brazil. a tourist visa would be a start, but again being with a child on a 90-day tourist visa can get you denied.
Do you speak Portuguese? How will you pay for day to day living?
Where in Brazil do you desire to live? The cost of living is different across Brasil.
If you do give birth to a child in Brazil his/her passport may be issued in a few weeks or months. You then would have to apply for a permanent visa and requires many translated and legalized/apostilled documents.
I have seen man and wife (with child) try to enter with a tourist visa only to be denied upon landing in brazil.
Many of you question can be answered at your BR Consulate web site.
Now remember in Brazil Consulate/embassy can issue visas, but the PF has the final say upon entry.

LensSiano

Hi, thanks for the thorough reply.  Sorry my english wasn't good but have asked my partner to word it better as follows:

My partner (41 and unmarried and British), myself (23 and Philippines), and our baby boy (7-months old and British born in UK) are flying to Brazil within 1-2 months from now.  We plan to arrive on tourist visa and be in Cumbuco (near Fortaleza) for kitesurfing...thats our story for entry and we will go there for a month or so as my partner has been there in past. I am 4 months pregnant now, therefore would need to arrive before 6 months pregnant.  We are semi-retired Sailors and live on a boat most of the time and hoping to someday (after baby born etc) live on a boat in the area around Ilha Grande, between Rio and Sao Paulo.

We plan to settle and for our baby to be born in Brazil and for the baby to obtain Brazilian nationality and passport soon after birth, and for us as parents to become resident of Brazil as soon as possible and hopefully also become Brazilian within a year or two after the birth of our child.

Hope that explains it better.  Thanks again for your reply.

*sent private message as well!

abthree

LensSiano,

Both you as a Philippine citizen and your partner as a British citizen can receive a tourist visa for up to ninety days, with the ability to extend for another ninety days.  Given your plans, it's important to count your days and apply to the Federal Police for your extension before the expiration of your first ninety days.  If you allow your visas to expire, that will add an unnecessary complication to a situation that will already be complicated enough.

If you have your baby in a maternity hospital -- which is advisable both for health and for official purposes -- your new baby's documentation will be relatively easy.  Many maternity hospitals have a cartório -- a notary office -- onsite, and others have a relationship with a cartório, so you should be able to obtain your baby's birth certificate shortly after the birth.  If you're going to proceed with the home birth plan, I would advise (1.) picking the city where the baby will be born well beforehand; (2.) identifying the cartório in that city where you will register the birth; (3.) talk to the cartório in advance, so that they can brief you on what documentation they will need to register the birth, and and they know about when to expect you.  If the baby is going to be born on a boat, make sure that it's securely and publicly moored in that city's port.  Do NOT give birth on the high seas:  Brazil has an extensive body of law on stateless persons, and you don't want to come anywhere near invoking it.

With the baby's birth certificate in hand, you, your partner, and your older child can apply for Brazilian residency at the Federal Police.  In other threads, we have described that process in detail.  Prior to the pandemic, CRNMs, Migrant Identity Cards, were taking a couple of months after application to arrive from Brasília; it's hard to say how long they'll take now.  You will have to pick up your cards in person at the Federal Police, unless you leave a Brazilian Power of Attorney with someone you trust to pick them up for you.  So plan on a few months here, but once your applications have been accepted, at least you are no longer in danger of overstaying your visas.  You can apply for the new baby's passport any time after you have the birth certificate.  Passports for small children are only valid for one year, and so you'll need to apply annually.

You, your partner, and your older child will be permanent residents of Brazil, but not Brazilian citizens, and will not qualify for Brazilian passports.  As the parents and minor sibling of a Brazilian, you can apply for naturalization after one year of continuous residence in Brazil  (reduced from the usual four) following the issue of your CRNMs.  Naturalization is also discussed in detail in other threads in the forum.  In brief, it requires the same basic documentation required for permanent residency, plus proof, usually in the form of an examination offered twice a year called "CelpeBras",  that the applicant can read, write, speak, and understand Portuguese at a near-native level.  Unlike some countries, Brazil does not pressure permanent residents to become citizens, so you may well decide that it isn't worth the effort.  Brazil does allow dual citizenship; before starting the naturalization process, you should confirm that your own countries also do, so that you don't void your birth citizenship unintentionally.

Texanbrazil

Great advice. abthree has done all of this.
Only add, be upfront with embassy/consulate/PF and on applications.
Let us know how living on a boat goes for a permanent residence. Would like to know.
got your PM and abthree explains it better.

LensSiano

Thanks everyone for the very helpful info, it's much appreciated. 
Yes hopefully we will  eventually be able to provide feedback on boat liveaboard in Brazil.

Boat Complication:

In order for us as parents and sibling to obtain citizenship, it seems we would need to be prepared to spend about 2 years in Brazil without being away for more than say 3 months per year.   The pregnancy was a 'surprise' and the complication is that we now separated from our boat (floating home), which is in the Med.   Ideally we would sail it ourselves to Brazil, but its far too near to birth date to consider.  Having others sail the boat to Brazil would cost a lot and we miss out on the journey.  Therefore we in two minds whether to;

#1. obtain Brazil citizenship for baby and passport for the baby asap after birth, then fly out of Brazil and take our time sailing our boat to Brazil over the next say 3 years (the slow scenic route including Med and Caribbean, which also gives us more time to learn the language).  Then once back in Brazil with the boat then continue the steps for permanent residence, followed by naturalization etc for the parents and sibling. 

- Any idea if this time away from Brazil could negatively affect our residence application and naturalization plans once we return?  Our Baby would still be Brazilian hopefully and we could renew her passport whilst abroad, before returning.

#2. the less adventurous alternative is to give up on sailing for a couple years, charter out the boat or have others sail it to us in Brazil, and we remain in Brazil after the birth to complete all the steps to naturalization.

#3.  would be to first apply for residence before leaving Brazil, then sail the boat to Brazil in 2-3 years, but residence permit is for a few years and by leaving once issued we have less time remaining.  Maybe there is no consequential difference between the above and then we may as well do option #1.

Location and Maternity Hospital:

My partner spent time in Cumbuco near Fortaleza, many years ago for kitesurfing and wishes to be there until about 1-2 months before the birth, at which point and if necessary, we relocate within Brazil nearer to the chosen hospital and city that is convenient for processing the baby citizenship and (if we choose option 2 or 3) our resident application.  Sao Paulo seems to be where most of the Visa Agents and has many hospitals.  Long term the boat would arrive and be based somewhere between Rio and Sao Paulo, which is why considering that area.  We also have an acquaintance that lives about 4 hours drive from Rio.

If anyone knows a beautiful coastal area with a maternity hospital and seems like a convenient location, please do let us know  :)

We currently researching which countries to fly via to even be able to step into Brazil on time, as many have blocked the flight route of the country where we are at present...seems will have to spend time somewhere like Ethiopia before flying to Brazil. Wish us luck!

Thanks

abthree

LensSiano,

Either #1 or #2 is a workable plan. 

If you opt for #1, remember that your baby's passport will only be good for a year, so you should know the passport issuance requirements for every country you'll be visiting on your return to Brazil, so that you can renew that passport before it expires.  You, your husband, and your older child will return to Brazil on tourist visas.  When you come to Brazil, be sure to have your marriage certificate with you, if you've taken your partner's name -- the Federal Police may require it to issue your baby's passport, and authorization to travel.

It's not really viable to apply for residency, then disappear for 2-3 years.  As stated before, you would need to pick up your CRNMs personally, and you'd already be gone.  More importantly, your CRNMs will expire if you're out of Brazil for two years or more, so what's the point?  Brazilian citizens have the legal right to have their parents and minor siblings living with them  in Brazil, so you'll still be able to apply when you return, and your application can include your older child. 

You are correct:  an absence from Brazil for more than three months breaks the continuous one year required to apply for naturalization, and the clock has to start again.  Remember in addition that the clock only starts the first time on the date that your CRNM is issued, not on your first date of arrival. 

If you're going to be near Fortaleza, you'll already BE in a beautiful coastal area, and Fortaleza is the fourth largest city in Brazil:  it undoubtedly has some good maternity hospitals.  You might want to research your options there first.

LensSiano

Thanks Abthree,

1. Marriage.  We not married and the steps to do so in Brazil seems complicated - does not being married cause significant complications with baby's Birth Certificate and her first Passport and so forth?  We plan to marry before returning later for the residence and naturalization phase.

The baby's Brazil and UK passport will hopefully be issued around the same time, so she will hopefully have 2 passports before leaving Brazil.  As you suggested, before we return we will have to make sure the Brazil passport is renewed.

2.  Visa length:  since we arrive at 6 months pregnant and hope to delay residence for a few years...at birth is our 3 months in the country...the visa extension would give us 3 months to sort out the baby Brazil citizenship and passport...hopefully that is enough time to avoid overstay penalties.

Great we'll persist with Fortaleza area...my partner enjoyed driving and kitesurfing for many miles along that coast, sounds magical.  I also kitesurf, but my tummy is now getting in the way :)

Thanks

abthree

" Marriage.  We not married and the steps to do so in Brazil seems complicated - does not being married cause significant complications with baby's Birth Certificate and her first Passport and so forth? "

Sorry for startling you.  :D

It should not be a problem, as long as your documents - passport and such - are in your own name.   The Polícia Federal apparently only insists on marriage certificates when one spouse has adopted the other's name, but that person's documents are in the original name.

Texanbrazil

Interesting.
I am not sure this situation would get through the PF being 6 months along. Everything I read seems to point to an "anchor baby".
As I stated you will need to apply for Visas at 2 separate Consulates for tourist visas and must state being with a child may raise a red flag.
You may get a visa, but it does not mean PF will allow entry.

Californian.in.SP

LensSiano wrote:

...seems will have to spend time somewhere like Ethiopia before flying to Brazil. Wish us luck!

Thanks


Ethiopia doesn't have access to the Sea. It's a landlocked country. How are you planning to live on boat in Ethiopia?

abthree

Texanbrazil wrote:

Interesting.
I am not sure this situation would get through the PF being 6 months along. Everything I read seems to point to an "anchor baby".
As I stated you will need to apply for Visas at 2 separate Consulates for tourist visas and must state being with a child may raise a red flag.
You may get a visa, but it does not mean PF will allow entry.


Good point.

Maternity tourism is still legal  (or at least, not explicitly illegal) in Brazil, but there are anecdotal indications that the PF are cracking down on the practice.   Chances are that you'll be admitted,  but there's also a possibility of being denied admission on arrival.  Having a backup plan in case that happens, and the resources with you to carry that plan out,  is a very good idea.

LensSiano

Californian.in.SP wrote:

Ethiopia doesn't have access to the Sea. It's a landlocked country. How are you planning to live on boat in Ethiopia?


Was referring to the flight (not boat) route to get to Brazil requires that we either spend time / stopover in Ethiopia or Qatar....joys of travels with world playing lockdown...

LensSiano

Its good to hear your guys concerns, it helps us prepare and avoid disappointment. 

KYC / flagging:  our passports are full of travel stamps and visas and our existing child has 2 passports already (and could have a 3rd if wanted) and both of us have bank accs that we can show to prove that we are self funded 'spenders' and not trying to take jobs or similar.  Therefore am not convinced that the PF would flag us for long and doubt they would even notice Lens/mother is pregnant.  Last year we flew into UK on 6 months tourist visa for birth, but this time UK is not an option as cannot get in time, and the baby will already have UK citizenship anyway because of British father.  Alone a Filipino holding a baby might get questioned at the airport, but together as a family we yet to be flagged in 4 years...but yes covid travel is challenging and we can make mistakes.

Entry:  with regards to entry Visa, both of us can arrive visa-free for up to 90 days.   Getting in through the airport should be okay, but...;

Extension:  our primary concerned is applying for the 90 days extension as "foreigner is to appear at a Federal Police unit" and at this point we would need to declare pregnancy...and not sure how this will be received.  I guess we should apply for the Ext within first couple weeks? because what if we declined and pregnancy is now too advanced to fly out...we could end up illegal in country for the birth...doesn't sound like fun.  (would we still get Birth Certificate if forced to be there without extension?) 

Backups:  A Dr's letter can allow being on flight up to 8 months pregnant, however up to 6 months is no concern for airlines.  So the sooner we find out about the extension the better and maybe we should hurry and get to Brazil instead of sitting around preparing.  The backup plan we have is to fly out of Brazil to the boat in Med, Turkey, place a birthing pool on the front deck and the sailors in the marina can do some cheerleading :)   Last year we did birthpool in UK home.  UK is not an option this time as the pregnancy caught us by surprise and we cannot get to a suitable country for a UK visa application for Lens/mother.  Philippines suspended foreigner resident permits (we were detained in Manila airport for many days on last entry and after much begging and paying we were let in) so we do not wish to go there for birth unless absolutely necessary.  We seem limited for choice, but are excited about Brazil as it suits our future resident and sailing plans...it would take us many years to explore the Brazil coast.

Birth certificate:  our understanding is that the baby's status is Brazilian on receiving a Brazilian birth certificate?  Wondering if can still get Birth Certificate if not granted the extension?  In theory, if there are serious complications, we can fly out of Brazil once the baby's UK passport arrives by mail.

Any further feedback or suggestions are very welcome.  The primary concern as mentioned is obtaining the 90 day extension for us 3.  Followed by obtaining a birth certificate soon after birth.

Thanks

Texanbrazil

WIsh you luck. I bring up the warning because I have seen 2 women  (6 and 7 months along) were denied entry at GRU airport. There sure was a lot of yelling going on.
Not sure as to "visa-free"  unless a UK citizen.

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