A legally recognized unmarried partnership (união estável) can provide the basis for a foreign partner to obtain residence in Brazil through family reunification. The couple does not need to marry, nor is there a general obligation to obtain a Brazilian notarial deed recording the partnership before applying.
The central requirement is to demonstrate a genuine family relationship with a Brazilian national or a foreign national whose immigration status permits family reunification. The legislation accepts documents issued abroad and provides alternative forms of evidence where the certificate or decision specified in the regulations is unavailable.
For international couples, preparation begins with an assessment of the history of the partnership and the documents already available. The form chosen to record the relationship must reflect the couple’s life and meet the requirements of the immigration procedure.
Who can apply for residence through an unmarried partnership
The partner of a Brazilian national or an immigrant holding residence authorization falls within the family reunification categories. This includes same-sex couples, without discrimination, under Interministerial Ordinance No. 12/2018.
The family member on whom the application is based is the sponsoring family member (chamante); the person seeking residence is the applicant family member (chamado). Under the general regime, a foreign sponsor cannot hold residence based on family reunification or provisional residence authorization. This restriction appears in Article 153(2) of Decree No. 9,199/2017.
This must be checked even where the partnership is well documented. The guide Family Reunification in Brazil: Eligibility, Requirements and Documents examines the sponsor’s conditions and the other family categories in greater detail.
What constitutes a legally recognized unmarried partnership
Article 1,723 of the Civil Code refers to a publicly acknowledged, continuous and lasting relationship established with the intention of forming a family. For the immigration application, the documents must demonstrate this actual family relationship.
There is no fixed minimum period of two or five years that automatically turns a relationship into a legally recognized unmarried partnership. Its duration is part of the assessment of stability, together with the couple’s shared life. The Superior Court of Justice (STJ) explains that the absence of a statutory minimum period does not remove the need to demonstrate a stable relationship.
Living at the same address is one element of evidence, but does not settle the issue on its own. Nor does living at different addresses necessarily rule out a partnership. For international couples, periods apart because of work or immigration matters should be explained consistently with the continuing relationship. An intention to form a family only in the future, by contrast, is insufficient to establish that a partnership already exists. STJ — Case Law Bulletin No. 557.
Is a Brazilian notarial deed of unmarried partnership mandatory?
No. The Federal Police guidance on evidence of an unmarried partnership and Articles 3 and 7 of Ordinance No. 12/2018 accept:
- A certificate of unmarried partnership issued by a competent authority in the country from which the applicant is coming.
- Evidence of the unmarried partnership issued by a competent court in Brazil or a corresponding authority abroad.
The regulations also allow evidence through a combination of other documents, described below. A new Brazilian notarial deed should therefore not be treated as a mandatory step for every couple whose partnership was already established abroad.
A Brazilian public deed, drawn up by a notary, can help document the relationship and the partners’ declarations. Submitting it does not, however, automatically dispense with the other supporting evidence: the documents required by the Federal Police (PF) or the competent consular post must be checked. The document does not replace the need for a genuine partnership.
How to prove the partnership without the certificate or decision specified in the rules
Where the primary documents cannot be submitted, the Ordinance provides an alternative form of evidence consisting of three cumulative groups of documents:
- A certificate or similar document issued by a Brazilian civil registry authority or its foreign equivalent.
- A declaration by two people attesting to the partnership, subject to the penalties prescribed by law.
- At least one additional document capable of demonstrating the relationship, drawn from the possibilities set out in the regulations.
Additional documents include proof of dependent status for tax purposes, a religious marriage certificate, testamentary provisions, life insurance naming one partner as the other’s beneficiary, jointly purchased real estate or a lease in both names, a joint bank account and a birth certificate for the couple’s foreign-national child. The list also allows another document capable of proving the partnership. Ordinance No. 12/2018, Articles 3(2) and 7(2).
A joint account or witness declaration alone does not satisfy the full set of requirements under this route. The prescribed groups must be assembled, and the connection between the documents and the couple’s history must be demonstrated.
Nor is there an obligation to submit every example on the list. The choice should be based on the available documents that actually prove the relationship. Further details and the witness declaration template are available in the Federal Police guidance on evidence of an unmarried partnership.
The evidence must show that the partnership continues to exist
In addition to evidence that the relationship was established, the Ordinance requires a joint declaration by the partners that their genuine relationship and shared life continue. The authorities may conduct interviews and request other evidence to clarify the facts. Ordinance No. 12/2018, Articles 3, 7 and 10.
The documents should be consistent as to names, marital status, addresses and the history of the relationship. A recent notarial deed may record a longstanding partnership; what matters is that the dates and declarations reflect reality and can be explained.
If there is a previous marriage or a separation not yet reflected in the documents, the position under civil law and the evidence of the current circumstances must be examined. Article 1,723 of the Civil Code itself addresses legal impediments and the position of a married person who is separated in fact or by judicial order.
Partnerships formalized abroad and French documents
Civil partnership documents, cohabitation agreements and foreign decisions may form part of the evidence. The issuing authority, the content of the instrument and the relationship it demonstrates must be identified, without assuming that legal arrangements with similar names have exactly the same effects.
For couples with a French civil partnership (Pacs), it is advisable to assemble the partnership agreement and evidence of its registration. The French authorities identify several forms of proof, including the registration receipt, the entry in the birth record and, where applicable, a Pacs certificate (attestation de Pacs). These documents establish how the partnership was formalized; their use in the Brazilian application should be organized according to the forms of evidence under Ordinance No. 12/2018. Service Public — Pacs Registration and Evidence.
French public documents covered by the France–Brazil agreement are exempt from apostille and legalization requirements under Article 23 of the agreement given effect in Brazil by Decree No. 3,598/2000. This exemption does not remove the need for a sworn translation, prepared by an officially authorized translator, where required in the procedure.
For documents from other countries, the apostille or legalization requirements and any applicable exemptions must be checked. The guide Foreign Documents for Immigration to Brazil: Apostilles, Translations and Requirements addresses these formalities. This review allows the couple to use existing documents before arranging new instruments.
Where to apply for residence
If the partner is abroad, they may apply for a temporary family reunification visa at the competent Brazilian consulate. After entering Brazil on that visa, they must register with the Federal Police within 90 days. Ordinance No. 12/2018, Articles 3 and 4.
A partner already in Brazil, including as a visitor, may apply directly to the PF for residence authorization, provided the requirements are met. The procedure involves a form, supporting documents, applicable fees, an appointment and attendance at the responsible office. The steps are set out in the official residence authorization service.
Where a foreign sponsor applies for residence through work or investment using MigranteWeb, the online immigration application system, the partner’s family reunification application proceeds separately before the PF or the consulate. In Brazil, it may be coordinated with the sponsor’s registration stage, after the sponsor’s authorization has been granted, through a separate application and subject to the local office’s appointment arrangements. The partner is not included as a dependent in the employment or investment application. Ministry of Justice and Public Security (MJSP) guidance in the MigranteWeb manual.
Which other documents are required
Evidence of the partnership is one part of the application. For residence authorization sought in Brazil, the applicant must also prepare identity documents and documents identifying their parents, criminal record certificates from the countries where they lived during the last five years, and a declaration of no criminal record, subject to the applicable exemptions.
The sponsor must provide an identity document, evidence of immigration status if a foreign national, and a declaration that they live in Brazil. At the consular stage, the Ordinance allows a declaration that they live or will live in the country. Consult the Federal Police document checklist and Ordinance No. 12/2018, Articles 3 and 7 for the chosen route.
Discrepancies in names or other details between the evidence of the partnership, the passport and the certificates should be clarified before filing. The aim is to enable reliable identification of the individuals and the family relationship relied on.
Duration of residence and the right to work
Where the partnership is with a Brazilian national or a resident authorized to remain for an indefinite term, the partner’s authorization is granted for an indefinite term. If the foreign sponsor holds residence for a fixed term, the family member’s authorization expires on the same date as the sponsor’s. Decree No. 9,199/2017, Article 153(4) and (5).
The holder may work in Brazil, including in paid activities, without obtaining another immigration authorization simply to practice their profession. Applicable professional requirements remain in force, such as registration with a professional regulatory body or recognition of a degree. Ordinance No. 12/2018, Article 9.
The validity of the National Immigration Registration Card (CRNM) must be monitored separately: residence for an indefinite term does not mean that the card will never need replacement.
What happens if the partnership ends
Dissolution may affect the basis for residence and must be examined even if the CRNM remains valid. The Decree provides for notification to the PF when the conditions justifying authorization cease to exist. Any loss of authorization requires an administrative procedure with the right to be heard and to present a full defense. Decree No. 9,199/2017, Articles 135 and 137.
There may be another basis for remaining in Brazil. Article 160 of Decree No. 9,199/2017 provides a new authorization for people who previously held residence through family reunification, subject to requirements including four years of residence in the country, means of support and a certificate showing no criminal record. This category excludes situations in which the requirement for the previous status ceased to be met because of fraud.
An unmarried partnership with a Brazilian national and naturalization
An unmarried partnership does not automatically confer nationality. Under ordinary naturalization, having a Brazilian partner may reduce the minimum residence period to one year, provided the partners are neither legally separated nor separated in fact when naturalization is granted and all other requirements are met. Migration Law, Articles 65 and 66.
This period is not simply one year in a relationship: the Decree requires the calculation to be based on periods of residence authorized for an indefinite term. The guide Brazilian Naturalization: Requirements, Timeframes and Documents explains this distinction and the other conditions. Decree No. 9,199/2017, Article 221.
Frequently asked questions
Do I need a Brazilian notarial deed of unmarried partnership?
No. The regulations accept foreign documents and other forms of evidence. A notarial deed can be useful, but it is not a universal requirement and does not automatically dispense with the other documents.
Do I need to prove two years of living together?
There is no fixed minimum period of two years under the general rule. A stable, publicly acknowledged and lasting shared life as a family must be demonstrated.
Are a joint account and two witnesses sufficient?
Under the alternative route provided by the Ordinance, these elements must be accompanied by a certificate or similar document from the civil registry. The combined evidence must demonstrate the genuine partnership.
Can I use documents relating to my French Pacs?
Yes, when preparing evidence of the relationship, with verification of their content and registration. French public instruments covered by the bilateral agreement are exempt from apostille and legalization requirements; translation remains subject to the requirements of the procedure.
Can I apply for residence if I entered as a tourist?
Yes, if you meet the family reunification requirements. The application is submitted to the Federal Police in Brazil with the required documents.
Can I work with this residence authorization?
Yes. Residence through family reunification allows paid activity, subject to the legal requirements of the profession or activity concerned.
How SCCM can help
SCCM advises international couples on assessing and proving an unmarried partnership for immigration purposes. This includes foreign documents, organizing the evidence and preparing the application to the PF or the documents for the consulate.
Assessing the evidence of the unmarried partnership and preparing the residence application helps identify gaps before filing and coordinate the couple’s immigration status with their move to Brazil.