Brazilian Permanent Residency for Foreign Citizens Through Childbirth

Brazil’s nationality laws provide a distinctive pathway to permanent residency for parents of Brazilian-born children. When a child is born in Brazil, they are automatically granted Brazilian citizenship, irrespective of their parents’ nationality. This policy reflects Brazil’s inclusive approach to citizenship and residency, emphasizing the right to nationality by birth on Brazilian soil.

For parents, the birth of their child in Brazil opens the door to applying for permanent residency. This process involves leveraging the child’s Brazilian citizenship as a crucial part of their application. Parents must submit a comprehensive application, including proof of the child’s Brazilian citizenship, among other required documents, to the Brazilian immigration authorities.

Understanding Brazilian Permanent Residency by Childbirth:

Securing permanent residency through this route is not just about submitting an application; it’s about establishing a genuine connection with the country. The Brazilian government evaluates applications to ensure that families are committed to living in and contributing to Brazil, aligning with the country’s values and integrating into its society.

Once permanent residency is obtained, parents have the opportunity to pursue Brazilian citizenship for themselves after meeting certain criteria, including a period of uninterrupted residency in Brazil. This period allows families to fully immerse themselves in Brazilian culture, language, and society, further strengthening their ties to the country.

This pathway to residency and potential citizenship underscores Brazil’s open and welcoming stance towards individuals and families who choose to make Brazil their home. By providing a legal framework that acknowledges the significance of birthright citizenship, Brazil facilitates a process for families to secure their future within its vibrant and diverse community.

Important: when entering Brazil, you may need an eVisa if you are a citizen of the US, Australia, or Canada.

Brazil Permanent Residency by Childbirth
How To Get Started

[email protected]
(214) 432-8100
+55-21-2018-1225
Schedule your Consultation Now!

Eligibility Criteria

To qualify for permanent residency through childbirth (also known as “Brazil childbirth visa requirements”), you must meet specific eligibility criteria from the Brazilian immigration:

1. Birth: the birth must occur in a Brazilian territory to qualify.  In Brazil, the commanding proof of nationality is the birth certificate instead of a passport. So, as long as your child has a Brazilian birth certificate attesting that the child was born inside of Brazil, you as the parent can apply for permanent residency

2. Parental Relationship: Your name on your passport and other personal documents must match exactly the name of the parents on the Brazilian birth certificate for your child. Make sure no mistakes are made when issuing the birth certificate since this could take several months to be corrected.

3. Financial Capacity: Demonstrate that both you and your spouse possess the financial capability to support yourselves while residing in Brazil. Traditionally, Brazilian immigration will not ask for any specific amount. In our experience, any proven amount (even a few hundred dollars) could be enough.

4. Document Submissions: Submit all necessary documentation, which may encompass marriage certificates, birth certificates of your child, birth certificate for you as the parent, and other documents supporting the authenticity of your relationship.

5. Background Checks and Certificates: Undergo thorough background checks and furnish relevant certificates to establish a clean legal record.

6. Application Submission: Prepare and lodge your application for permanent residency through marriage with the Brazilian immigration authorities.

Documents Required

The Brazilian immigration will evaluate your application based on the papers being presented. As not everyone’s situation is the same, it is always possible for the Brazilian immigration to choose to ask for alternative or additional documents. This said the most common documents requested for childbirth-based permanent residency are:

1. Passport
2. Your birth certificate with an apostille
3. Your child’s original birth certificate issued in Brazil
4. Your marriage certificate
5. Proof of address in Brazil
6. Brazilian Tax ID CPF
7. Criminal records with an apostille
8. Criminal records declaration
9. Digital contact declaration
10. Arrival in Brazil declaration
11. Proof of income
12. Other documents as seen fit by the Brazilian immigration

Where to Apply

Let’s get this out of the way: there is no such a thing as applying for the permanent residency at a Brazilian consulate or embassy abroad.

You must be physically in Brazil to qualify and apply for such important immigration benefit. The point here is that Brazil is not giving you this benefit to avoid aggravation when arriving at the Brazilian customs at the airport (yes, we have heard that before in our consultations more than once). Instead, this is being provided so you can legally live in Brazil.

The Brazilian immigration has at least four major safeguards to help Brazilians and their foreign citizen partners refrain from attempting to apply from abroad: 

a) You must apply while physically in Brazil

While the documentation may be provided remotely, your application won’t move along until you show up in person at the Brazilian Federal Police in Brazil.

b) You must sign an affidavit under perjury of law

People nowadays can travel very easily across the world. Gone are the days when traveling abroad was a life-changing event. We have some clients who have traveled to Brazil over a hundred times, can you believe it?

The downside is that applicants may be tempted to lie that they are living in Brazil when, in fact, they are simply spending vacation. By asking applicants to sign such an affidavit, Brazilian immigration (hopefully) reduces the burning desire of some to lie about living in Brazil.

c) Proof of residence

One of the requirements for you to apply for permanent residency through childbirth is to present a valid proof of residence in Brazil. While a utility bill is the preferred way to prove you have a fixed address in Brazil, some alternatives exist for those who do not have such type of evidence.

d) The Brazilian immigration may visit you at your address

Ok, this one is probably the most efficient way for Brazilian immigration to catch those trying to cheat the “must be living in Brazil!” requirement. Although rare, the Brazilian immigration chooses a random small number of applicants to visit during the application 

Benefits of Brazilian Permanent Residency by Childbirth

Gaining Brazilian permanent residency (aka “Brazil childbirth permanent visa”) through childbirth extends numerous benefits to you and your spouse:

• Sustaining Family Unity: This program allows you both to live, work, and thrive together in Brazil without the stress of frequent visa renewals.

• No need for any type of visa: once you get Brazilian residency, you won’t need any visas to enter Brazil anymore.

• Work and Study: Enjoy the freedom to work and study within Brazil without the need for additional permits.

• Access to Services: Benefit from access to healthcare, education, and other essential social services.

• Travel Flexibility: The permanent residency in Brazil through childbirth allows you to enter and exit Brazil at your convenience, ensuring you can visit your home country and return effortlessly.

• Path to Citizenship: As time progresses, the option to apply for Brazilian citizenship becomes available, further solidifying your ties to this vibrant nation.

Brazil Permanent Residency by Childbirth
How To Get Started

[email protected]
(214) 432-8100
+55-21-2018-1225
Schedule your Consultation Now!

Begin Your Journey to Brazilian Permanent Residency

Embracing the journey to Brazilian permanent residency through childbirth is an exciting endeavor. Our experienced legal team at Oliveira Lawyers is dedicated to making this process smooth and efficient for you and your spouse. Our consultations are easily accessible via Skype, Zoom, or WhatsApp, enabling you to receive expert advice regardless of your location.

>> Schedule your Consultation Now <<

By signing up for a consultation, you’re taking the first step toward a promising future together in Brazil. Remember, permanent residency Brazil through childbirth is not just a legal status; it’s the foundation of a shared life of opportunities and experiences in this remarkable country.

Brazil Permanent Residency by Childbirth
How To Get Started

[email protected]
(214) 432-8100
+55-21-2018-1225
Schedule your Consultation Now!

Frequently Asked Questions (FAQ)

1. What is the Brazilian Permanent Residency by Childbirth Program?

   The Brazilian Permanent Residency by childbirth program enables foreign citizens who are parents of a Brazilian citizen to live and build a life in Brazil.

2. How can I qualify for Permanent Residency in Brazil Through childbirth?

   To qualify, you need to be the legal parent of a Brazilian citizen. You must provide evidence of your relationship, financial capacity, undergo background checks, and submit necessary documentation.

3. Do I need to prove my Relationship’s Authenticity?

   Yes, providing proof of a genuine parental relationship is crucial. The usual route to prove parental rights is the child’s birth certificate. Adoption may also be the basis for an application, but properly recording in the Brazilian citizen child’s birth certificate will be required.

4. Can I apply if my child’s birth is in the Future?

   No. You will need to wait for your child to be born in Brazil to be able to apply for the permanent residency in Brazil.

5. What Documents are Required for Submission?

   Required documents will include birth certificates, background checks, financial documentation, and more. Consult with our bilingual attorneys for a comprehensive list.

6. How long does the Application Process Take?

   The application process duration can vary from one to a few months. It involves preparing and gathering the needed documents, paying the immigration fees, filing your documents with the immigration processing system, answering questions that may arise, and attending one or more interviews at the Brazilian Federal Police (which handles immigration in Brazil). Consult with our bilingual attorneys for an accurate time estimate based on your specific situation.

7. Are there Financial Requirements for the applicant parent?

   Yes, you must demonstrate financial capacity to support yourselves in Brazil.

8. Can I Work and Study in Brazil with Permanent Residency by childbirth?

   Absolutely. The program grants you the right to work and study in Brazil without the need for additional permits.

9. What Benefits Does Brazilian Permanent Residency Offer?

   The benefits include family unity, the freedom to work and study, access to essential services, travel flexibility, and a potential path to Brazilian citizenship.

10. How can Oliveira Lawyers Assist me?

    Oliveira Lawyers is experienced in immigration matters. We offer consultations via Skype, Zoom, or WhatsApp to guide you through the process, ensuring a smooth transition to permanent residency in Brazil.

11. What if I don’t have a bank account in Brazil?

    While a bank account might be helpful, you may be able to withdraw cash in Brazil bank ATMs using a foreign bank card. After you register in Brazil as a permanent resident, you will get the RNM ID card and will be able to open a bank account in a Brazilian bank of your choice. Consult with our bilingual attorneys for guidance on alternative proofs.

12. Can same-sex couples apply as parents of a Brazilian child?

    Yes, although some people often address the “gay marriage visa Brasil”, same-sex couples are eligible and welcome to apply as parents of a Brazilian child. The Brazilian government recognizes and respects relationships of all orientations.

13. Can I travel freely outside Brazil with a Permanent Residency by childbirth?

    Yes, you can travel in and out of Brazil without limitations. The permanent resident visa based on childbirth provides travel flexibility for you and your spouse.

14. Do I need to speak Portuguese to apply for Permanent Residency by Childbirth?

    While Portuguese language skills are beneficial for daily life in Brazil, they are not a requirement for this program. However, being able to communicate in Portuguese can enhance your overall experience and will be a requirement for Brazilian citizenship if you decide to pursue one.

15. Can I apply for Brazilian citizenship immediately after obtaining Permanent Residency by childbirth?

    Brazilian citizenship typically requires a specific residency period as a permanent resident before you can apply. Consult with our bilingual attorneys to understand the naturalization process and its requirements.

16. Can I bring my children to Brazil under the Permanent Residency Brazil Through the Childbirth Program?

    Children of a foreign parent are eligible to accompany you to Brazil based on the family reunion visa. Discuss family immigration options with our bilingual attorneys to ensure a comprehensive plan.

17. Is there an age requirement for the Brazilian Permanent Residency Through Childbirth program?

    There is no age requirement for the parents nor the Brazilian child sponsoring the foreign citizen parents.

18. Can I apply for the Brazilian Permanent Residency by Childbirth program if I’m already in Brazil on a different visa?

    Depending on your current visa status, you might be able to apply for a change of status to the permanent residency program. Consult with our bilingual attorneys to explore this option based on your circumstances.