Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

This Response replaces Response to Information Request ZZZ201121 of July 2022.

1. Temporary Visas

Sources report that Law No. 13,445 of 24 May 2017 (Lei nº 13.445, de 24 maio de 2017), Brazil's immigration legislation, came into force on 21 November 2017 (US 2017-06-08; Soter & Lessa 2021-06-07). Sources indicate that Decree No. 9,199 of 20 November 2017 (Decreto no 9.199, de 20 de novembro de 2017) regulates the implementation of Law No. 13,445 (Brazil 2022-01-26; Soter & Lessa 2021-06-07).

According to sources, the concept of a "permanent visa" [1] was abolished under Law No. 13,445 (Brazil 2020-02-26, 40; Soter & Lessa 2021-06-07) and was replaced by that of a residence permit "for either a definite or indefinite term, depending on the basis on which it is granted," or a temporary visa (Soter & Lessa 2021-06-07). Similarly, Koetz Advocacia, a law firm based in Brazil that provides social security and immigration services (Koetz Advocacia n.d.), indicates that the term "'permanent'" is no longer used [in reference to residency] in Brazilian legislation, and that permanent residency in Brazil is "correct[ly]" referred to as "'indeterminate'" or "officially called 'indefinite term'" (Koetz Advocacia 2022-09-02).

The consular portal of Brazil's Ministry of Foreign Affairs (Ministério das Relações Exteriores) states that foreigners in Brazil may receive a visit visa, diplomatic visa, official visa, courtesy visa, or temporary visa (Brazil 2022-02-25). The same source specifies that the temporary visa is granted in the following situations:

1. Temporary Visa I: research, teaching or academic extension;
2. Temporary Visa II: health care visa;
3. Temporary Visa III: humanitarian visa;
4. Temporary Visa IV: as a student;
5. Temporary Visa V: paid work visa;
6. Temporary Visa VI: [w]orking-[h]oliday [v]isa: for those who travel primarily for purposes of tourism, with the possibility of undertaking paid employment. Visa granted on the basis of bilateral agreements. There are currently agreements with New Zealand, France and Germany;
7. Temporary Visa VII: as a minister of a religious confession or as a member of an institute of consecrated life and of a congregation or religious order;
8. Temporary Visa VIII – voluntary work visa;
9. Temporary Visa IX – investor visa;
10. Temporary Visa X – visa for activities of economic, scientific, technological or cultural relevance;
11. Temporary Visa XI – family reunification visa;
12. Temporary Visa XII – artistic or sports activities visa;
13. Temporary Visa XIII – temporary visas due to international agreements;
14. Temporary Visa XIV – temporary visas due to the Brazilian immigration policy;
15. VICAM – Temporary [v]isa for foreign doctors (medical training). (Brazil 2022-02-25)

Article 45 of Decree No. 9,199 of 20 November 2017 provides the following:

[translation]

Art. 45. A temporary visa for family reunification shall be granted to immigrants who

1. are the spouse or partner [of a Brazilian citizen], without discrimination, in accordance with the Brazilian legal system;
2. are the child of a Brazilian [citizen] or an immigrant granted a residence permit;
3. have a Brazilian child;
4. have an immigrant child who has been granted a residence permit;
5. are an ascendant up to the second degree of a Brazilian [citizen] or an immigrant granted a residence permit;
6. are a descendant up to the second degree of a Brazilian [citizen] or an immigrant granted a residence permit;
7. are the sibling of a Brazilian [citizen] or an immigrant granted a residence permit; or
8. have a Brazilian [citizen] under their conservatorship, guardianship, or custody. (Brazil 2017)

1.1 Family Reunification Visa

In follow-up correspondence with the Research Directorate on 9 December 2020, the Deputy Consul General of the Consulate General in Toronto explained that the temporary visa for family reunification is the same as the permanent visa for family reunification, but the terminology has changed with the new immigration legislation [adopted in 2017] and there are no more "'permanent'" visas (Brazil 2020-12-09). The same source added that "the visa in itself is temporary, even though its holder might live indefinitely in Brazil as long as they follow some procedures when they arrive in Brazil in order to [be] granted permanent resident status" (Brazil 2020-12-09). According to the source, visas are temporary because they have an expiry date, but they provide the opportunity to apply for permanent residence in Brazil (Brazil 2020-12-09). Similarly, J&D Immigration Advisers, an immigration consultation firm with offices in Brazil and Spain that provides advice on obtaining Brazilian nationality and residence permits (J&D Immigration Advisers n.d.a), states that the residence permit based on family reunification has the "same effec[t]" as the former "permanen[t]" visa for family reunification (J&D Immigration Advisers n.d.b).

In a press release, Brazil's Ministry of Foreign Affairs states that an interministerial ordinance it issued jointly with the Ministry of Justice and Public Safety (Ministério da Justiça e Segurança Pública), namely Interministerial Ordinance No. 38 of 10 April 2023 (Portaria interministerial nº 38, de 10 de abril de 2023), launches a new process for handling family reunification visa applications [see section 4] (Brazil 2023-04-12). Article 4 of the ordinance provides the following regarding those eligible to use this process to obtain a family reunification visa and residence permit:

[translation]

Art. 4º In accordance with this Interministerial Ordinance, the following Haitian nationals or stateless persons residing in the Republic of Haiti may be sponsored (chamado) [1]:

1. spouse or partner [of a Brazilian citizen], without any discrimination, in accordance with the Brazilian legal system;
2. child of a Brazilian [citizen] or an immigrant who has been granted a residence permit;
3. stepchild of a Brazilian [citizen] or of an immigrant who has been granted a residence permit, provided the stepchild is under 18 years of age, or up to 24 years of age if proven to be a student, or of any age if proven to be economically dependent on the petitioning family member (chamante) [2];
4. who has a Brazilian child;
5. who has an immigrant child who has been granted a residence permit;
6. ascendant up to the second degree of a Brazilian [citizen] or an immigrant who has been granted a residence permit;
7. descendant up to the second degree of a Brazilian [citizen] or an immigrant who has been granted a residence permit;
8. sibling of an immigrant who has been granted a residence permit, provided the sibling is under 18 years of age, or up to 24 years of age if proven to be a student, or of any age if proven to be economically dependent on the petitioning family member; or
9. who has a Brazilian [citizen] under their conservatorship, custody, or guardianship. (Brazil 2023, bold in original)

According to the UN International Organization for Migration (IOM), the Brazil Visa Application Centre (BVAC) is a visa processing centre in Port-au-Prince administered by the IOM that processes all applications for humanitarian and family reunification visas for Brazil (UN [2018]). The BVAC website states that as of March 2022, individuals eligible for family reunification visas, considered [translation] "dependants," include the following:

[translation]

• Spouse (husband/wife);
• Cohabiting partners;
• Ascendants (father/mother), provided that the applicant (Brazilian citizen) proves their need for assistance;
• Grandparents (provided that the applicant proves their need for assistance)
• Children (minors) under 18 years of age;
• Single children, over 18 years of age, provided they are unable to support themselves;
• Brothers/sisters;
• Grandchildren or great-grandchildren if orphaned, single and under 18 years of age, or over 18 years of age provided they are unable to support themselves. (UN n.d.a)

The same source further notes that individuals are considered dependents up to the age of 24 if they are students [translation] "enrolled in a higher education or doctoral program" (UN n.d.a).

1.1.1 Temporary Visa and Residence Permit for Foreign Parents of a Child with Brazilian Citizenship or a Residence Permit

In correspondence with the Research Directorate, the Deputy Consul General of the Consulate General of Brazil in Toronto stated that

[t]he parents of a Brazilian national may apply for a family reunion visa, even if said Brazilian national is a minor (under 18 years of age, as in Brazilian law) according to Brazilian Migration Federal Law - Lei de Imigração no 13.445/2017 - and Federal Ordinance 12/2018, article 2, item IV. (Brazil 2020-12-04)

The same source added, regarding the visa application, that it does not matter whether the Brazilian child lives in Brazil at the time of the application or in Canada with their parents (Brazil 2020-12-04).

In correspondence with the Research Directorate, a lawyer and partner at a US law firm with an office in Brazil that provides immigration services indicated that a Brazilian temporary visa granted on the basis of family reunification does qualify its holder to apply for an indefinite residence permit upon arrival in Brazil, including if the holder is the Haitian parent of a dependent child with Brazilian citizenship (Partner 2023-06-22).

1.2 National Immigration Registry Card (Carteira de Registro Nacional Migratório, CRNM)

According to Koetz Advocacia, the CRNM, a new identification document granted to migrants in Brazil that includes a unique National Immigration Registry (Registro Nacional Migratório) number, was introduced as part of the 2017 immigration legislation [Law No. 13,445, regulated by Decree No. 9,199 of 2017] and replaces the previous Foreigner Identity Card (Cédula de Identidade de Estrangeiro, CIE) (Koetz Advocacia 2020-07-16). The same source adds that the CRNM's validity period corresponds to that of the holder's temporary residence permit, unless the holder has an indefinite residence permit, in which case the CRNM is valid for nine years (Koetz Advocacia 2020-07-16). Articles 73 and 74 of Decree No. 9,199 of 2017 concerning the CRNM provide the following:

[translation]

Article 73. The national imigration registry card includes the immigrant's period of residence in accordance with the provisions set out in the residence permit obtained.

§ 1. For the purposes of a temporary visa, the immigrant's period of residence is calculated from the date of the immigrant's first entry into Brazil after being granted the visa.

§ 2. For an immigrant who holds a Brazilian residence permit, the date from which the period of residence is calculated is the date of the immigrant's application for registration.

§ 3. If an immigrant who has obtained a Brazilian residence permit does not apply for registration within the time limits provided for in paragraph IV of article 307, the residence period starts on the expiration of a period of thirty (30) days following the date on which the decision to grant the residence permit was issued.

§ 4. In the case of temporary residence, the expiration date of the national immigration registry card coincides with the expiration date of the residence permit.

Art. 74. In the case of indefinite residence, the national immigration registry card is valid for nine years as of the registration date.

Sole Paragraph. In the situation set out in the first paragraph, the national immigration registry card is valid for an indefinite period if the cardholder:

1. has reached the age of 60 by the document's expiration date; or
2. is a person with a disability. (Brazil 2017)

2. Requirements and Procedures to Obtain a Temporary Visa
2.1 Temporary Visa

The website of the Consulate General of Brazil in Montreal provides the following information regarding the documents required for all temporary visa applications:

• A completed visa application form with a signed Visa Form Delivery Receipt (Recibo de Entrega de Requerimiento, RER). For minor applicants, both parents must sign the RER;
• A passport valid for the entire duration of the stay in Brazil. The passport must have a minimum of two blank pages and the pages dedicated to amendments must not be used for visa purposes.
• One recent photo—UN International Civil Aviation Organization (ICAO) standard—of the face, front view, against a "plain off-white or white background," taken within the last six months; and
• A birth certificate that includes the name of the parents (Brazil 2023-05-08).

For applicants under the age of 18, the same source indicates that the following documents are also required:

1. Parental Consent Form signed by both parents or legal guardians, duly notarized by a local notary.
2. A document proving the relationship with the minor. Examples: one piece of [identification] from each parent accompanied by the minor's birth certificate stating the parent[s'] names; or [a] parent's death certificate, when applicable; or a copy of a judicial document attesting the sole custody, when applicable. (Brazil 2023-05-08)

2.2 Family Reunification Visa

According to the website of the Embassy of Brazil in Port-Au-Prince, the application for a family reunification visa can be submitted online, after which the applicant will receive an email from the embassy confirming that there are no issues with the documentation; the applicant must then book an in-person appointment at the embassy (Brazil 2023-05-25). However, if the family member residing in Brazil has entered the country on a humanitarian visa, the application to bring the foreign family member to Brazil for reunification must be submitted to the BVAC (Brazil 2023-05-25).

According to the IOM, the first step to obtain a family reunification visa from Haiti is securing an appointment to visit the BVAC in person and submit the visa application (UN n.d.b). J&D Immigration Advisers indicates that the applicant for a family reunification visa need not be present in Brazil at the time of the application and may submit their request from a Brazilian consulate or embassy (J&D Immigration Advisers n.d.c). The BVAC website indicates that the following documents are required to apply for a family reunification visa (VITEM XI) for the family members of a holder of a Brazilian humanitarian visa:

[translation]

• Passport valid for at least twelve (12) months from the day the application is submitted, with at least two (2) blank pages;
• Two (2) recent passport-style photographs taken on a white background (5x5cm);
• Extract from the criminal record or a police certificate issued by the Central Directorate of the Haitian Judicial Police (Direction centrale de la Police judiciaire, DCPJ) (valid for six months) or the Courts of First Instance (Tribunaux de première instance, TPI) (generally valid for three months), for adults;
• Original marriage and birth extracts issued by the National Archives (Archives nationales) duly certified by the Public Prosecutor's Office (Parquet), the Ministry of Justice and Public Security (ministère de la Justice et de la Sécurité publique), and the Ministry of Foreign Affairs and Worship (ministère des Affaires étrangères et des Cultes);
• Notarized copy of the residence permit or protocol [see section 2.5] (valid for at least three months) of the person living in Brazil;
• Notarized letter of invitation from the person living in Brazil;
• Notarized copy of an identity document (preferably a passport) of the person living in Brazil;
• Original receipt of payment of the BVAC fee, in the amount of US$100.00 per application, to the IOM account at SOGEBANK No. 2616027989. (UN n.d.a)

The BVAC website notes that [translation] "all documents duly certified/notarized in Brazil must be sent to Haiti by email service, directly to the beneficiary in question" (UN n.d.a). Depending on the civil status of the applicant for the family reunification visa, the BVAC website lists the following additional requirements:

[translation]

2. If the beneficiary is cohabitating or in a common-law union: The original cohabitation certificate (acte de concubinage) and the birth certificate extract will be accepted (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship).

3. Siblings/parents (in addition to the usual documents)

• Proof of financial dependence during the current year (at least three transfers).
• Original birth certificate extract issued by the National Archives (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship).

4. Students (VITEM XI) between 18 and 24 years of age (in addition to usual documents)

• Provide a university certificate with the seal of the institution:
  
  1. Notarized by a registered notary who is recognized by the Embassy of Brazil in Haiti, if it is a private university.
  2. Certified by the Ministry of Foreign Affairs and Worship for students belonging to the State University of Haiti. (UN n.d.c, bold in original)

For applicants under the age of 18, the same source adds that the following documents may be required, depending on the circumstances:

[translation]

• Notarized authorization to apply for a visa for Brazil, signed by the parents if both parents are [in Brazil]. Please note that the name of the parents' legal representative (guardian) must be mentioned on [the authorization document].
• Original birth certificate extract for applicants over three years of age, issued by the National Archives (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship.
• Birth certificates issued by the Courts of Peace (Tribunaux de paix) or Civil Status (État Civil) for applicants under 3 years old will be accepted (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship).
• Notarized copies of identity documents (passport or identity card) for both parents.
• In case of divorce: copy of the judgment granting custody (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship).
• In case of the death of one of the parents: original death certificate (duly certified by the Public Prosecutor's Office, the Ministry of Justice and Public Security and the Ministry of Foreign Affairs and Worship).
• If one of the parents is outside of Brazil, an undertaking and authorization made at the Haitian Consulate in the country in question are required. These documents must be authenticated by the Ministry of Foreign Affairs and Worship.
• If one of the parents is in Haiti, [the applicant] has to go to the nearest Court of First Instance to make the undertaking and then have it certified by following these steps in order: Port-au-Prince Public Prosecutor's Office, Ministry of Justice, then Ministry of Foreign Affairs. (UN n.d.c, bold in original)

The BVAC further indicates that the [translation] "average" time for processing visa applications is "approximately" 120 days (UN n.d.b).

Regarding a language requirement for obtaining a visa or residence permit based on family reunification, a lawyer and partner at a law firm in Brazil, whose practice areas include immigration law, stated in correspondence with the Research Directorate that no such requirement existed for the visa or permit, and that the applicant need not [translation] "speak or have a good command of Portuguese" to qualify (Lawyer 2022-01-27).

2.3 Residence Permit Based on Family Reunification

According to Deloitte, an international provider of "audit and assurance, consulting, financial advisory, risk advisory, tax, and related services" (Deloitte n.d.), the validity period of a residence permit based on family reunification is either "9 years or according to the term of the titular's residence authorization" (Deloitte 2022-04a).

Agência Brasil, Brazil's national news agency, reports that the deadline for Haitians to obtain a humanitarian visa has been extended until 31 December 2022; Haitians are also eligible for residence permits valid for two years (Agência Brasil 2022-04-27). In a press release, Brazil's Ministry of Foreign Affairs states that an interministerial ordinance it issued jointly with the Ministry of Justice and Public Safety, namely Interministerial Ordinance No. 37 issued on 30 March 2023 (Portaria interministerial nº 37, de 30 de marzo de 2023), extends the humanitarian visa's validity period from 180 to 365 days (Brazil 2023-04-12).

Citing an "interministerial decree," Agência Brasil states that Haitian nationals who are already in Brazil can apply for a residence permit at a Federal Police (Polícia Federal) unit, "'regardless'" of their migratory status (Agência Brasil 2022-04-27). Agência Brasil further indicates that for "children, adolescents, or any relatively incapable individual," temporary residence permit applications may be submitted by a parent or a "representative or legal assistant," "individually or jointly" (Agência Brasil 2022-04-27). According to the same article, Haitian nationals who wish to obtain a residence permit must

present a passport or official identity document issued by the Republic of Haiti, even if the date has expired, a birth or marriage certificate, or a consular certificate.

It is also necessary to declare the absence of criminal records in Brazil and abroad, in the last five years prior to the date of application for a residence permit. Once the mentioned documents are presented and evaluated, the registration will be carried out, and the [CRNM] [See Section 2.4 of this Response] will be issued. (Agência Brasil 2022-04-27)

The Federal Police website indicates that for migrants regularized on the basis of family reunification, obtaining a residence permit requires the following documents:

• Individual electronic application form completed on the Federal Police website;
• 1 recent 3x4 colour photo, front-facing, taken on a white background;
• Declaration of email address and alternate forms of contact, preferably accompanied by a copy of proof of residence;
• CRNM;
• Criminal record certificate or equivalent document issued by the [translation] "competent judicial authority" in the place where the applicant has resided for the last five years;
• Declaration of absence of a criminal record in any country in the five years preceding the application;
• Proof of financial means;
• Proof of "at least" four years of residence in the national territory;
• Proof of payment of fees for issuance of the residence permit (168.13 Brazilian Real (BRL) [C$45]) and CRNM (204.77 BRL [C$55]), if applicable (Brazil 2023-04-03a).

2.4 Changing a Temporary Residence Permit to an Indefinite Residence Permit Based on Family Reunification

According to the website of the Brazilian Federal Police, the documents required to change a temporary residence permit to an indefinite residence permit based on family reunification are as follows:

• Individual electronic application form completed on the Federal Police website;
• 1 recent 3x4 colour photo, front-facing, taken on a white background;
• Declaration of email address and alternate forms of contact, preferably accompanied by a copy of proof of residence;
• CRNM;
• Declaration of absence of a criminal record in the year preceding the application;
• Proof that the petitioning (chamante) family member has also converted their definite residence permit to an indefinite residence permit;
• Declaration stating that the petitioning family member resides in Brazil;
• Declaration stating that the applicant continues to be financially dependent on the petitioning family member in Brazil, if applicable;
• Joint declaration by the spouses or partners stating the continuity of the union and cohabitation, if applicable;
• Proof of payment of fees for issuance of the residence permit (168.13 BRL) and CRNM (204.77 BRL), if applicable (Brazil 2023-04-03b).

2.5 CRNM

According to the Brazilian government website, temporary visa holders must register with the National Immigration Registry in Brazil within 90 days of arrival in order to obtain their CRNM (Brazil 2023-03-14). An article on Brazilian identity documents, published by Deloitte, states that registration with the National Immigration Registry must be done in person with the Federal Police and that the registrant will "initially" receive a "protocol" document while awaiting the issuance of a CRNM "within 180 days"; the protocol and then the CRNM serve as an immigrant's "main document and the basis for obtaining other documents/services" in Brazil (Deloitte 2022-04b). According to the Federal Police website, the following documents must be presented to register with the National Immigration Registry:

• Individual electronic application form completed on the Federal Police website;
• 1 recent 3x4 colour photo, front-facing, taken with a white background;
• Declaration of email address and alternate forms of contact, preferably accompanied by a copy of proof of residence;
• Valid travel document or other document proving identity and nationality;
• Original visa application form;
• Proof of payment of the CRNM issuance fee (204.77 BRL), if applicable;
• Identification document of the petitioner (chamante) for the family reunification visa (Brazil 2023-04-03c).

3. Rights and Obligations of Temporary Visa and Residence Permit Holders

The Partner stated in correspondence with the Research Directorate that holders of an indefinite residence permit, including Haitian nationals, have access to the same rights and basic services as citizens do, such as health care, housing, employment, and education, as well as other social assistance programs (Partner 2023-06-22). According to a UNHCR fact sheet on Brazil, updated in May 2023, refugees and "other forcibly displaced people" have the "same rights and access to public services" as Brazilian nationals, including freedom of movement and of choosing their location of residence, "access to documentation, [and] the right to work, engage in income-generating activities or access education" (UN 2023-05, 2).

The Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil) provides the following:

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property …

Article 6. Education, health, food, work, housing, transportation, leisure, security, social welfare, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.

…

Article 14.

…

Paragraph 2. Foreigners cannot register as voters … . (Brazil 1988)

Article 45 of Decree No. 9,199 of 20 November 2017 provides the following:

[translation]

§ 1. By means of an order, the Minister of State for Foreign Affairs can determine the need for in-person interviews and for additional documents to prove the family relationship, as necessary.

§ 2. By means of a joint order, the ministers of State for Justice and Public Safety and for Foreign Affairs will establish other kinship grounds for the purposes of granting the visa mentioned in the first paragraph, as well as the requirements, terms, conditions and procedures.

§ 3. The visa holder mentioned in the first paragraph may exercise any activity in the country, including paid activities, under conditions equal to Brazilian [citizens], under the terms of the law.

§ 4. The application for a temporary visa for family reunification purposes may be filed concurrently with the application for the temporary visa of the family member petitioning (chamante).

§ 5. The visa mentioned in the first paragraph cannot be granted when the petitioner (chamante) is already a recipient of a visa or residence permit for family reunification purposes or holds a provisional residence permit. (Brazil 2017)

4. Process for Family Reunification Visa Applications for Haitian Nationals

Media sources report that, as a result of a decision handed down by Brazil's Superior Court of Justice (Superior Tribunal de Justiça, STJ) in December 2022, Haitian nationals living in Brazil may now reunite with their foreign family members without first having obtained a family reunification visa (HaïtiLibre 2022-12-17; Loop News 2022-12-20). According to Loop News, an internet news site covering the Caribbean (Loop News n.d.), federal trial judges can once again grant Haitian nationals in Brazil permission to bring their children to Brazil for the purpose of family reunification; this judicial process had been suspended until since 2021 (Loop News 2022-12-20). HaïtiLibre, a Haitian news source (HaïtiLibre n.d.), indicates that to reunite their families, Haitians will need a [translation] "provisional measure" granted by a trial judge (HaïtiLibre 2022-12-17).

Sources indicate that to access family reunification through the courts, claimants must show that they have [translation] "exhausted" all administrative options for bringing their kin to Brazil, [such as applying for an entry visa (Loop News 2022-12-20)], and prove that it is indeed a case of family reunification (HaïtiLibre 2022-12-17; Loop News 2022-12-20). HaïtiLibre cites [translation] "STJ sources" as stating that this judicial process is "usually" initiated by the parent already residing in Brazil who wishes to bring their child to Brazil (HaïtiLibre 2022-12-17).

Regarding Interministerial Ordinance No. 38 on the new process for family reunification applications, Agência Brasil reports that it came into effect 30 days after its publication in April 2023 and remains in force until 31 December 2024, and that it allows Haitian nationals residing in Brazil to apply on the Immigration Department's website for a family reunification visa for their kin (Agência Brasil 2023-04-17). The same source adds that the ordinance stipulates that the Ministry of Justice and Public Safety analyze all "requests for prior residence authorization and temporary visas made by Haitians who have relatives up to the second degree in Brazil" and prioritize applications "involving women, children, the elderly, people with disabilities and their family groups"; the goal is to expedite the family reunification process (Agência Brasil 2023-04-17). Agência Brasil further notes that following the approval of the online application, the government will "authorize" the Brazilian embassy in Port-au-Prince "to grant the visa" (Agência Brasil 2023-04-17).

According to Agência Brasil, the new process will benefit "about" 3,000 Haitian nationals residing in Brazil (Agência Brasil 2023-04-17). The same source states that relatives of Haitian nationals in Brazil who are granted a family reunification visa through this process "must arrive in Brazil and present themselves to the Federal Police within 90 days" to request a CRNM (Agência Brasil 2023-04-17).

The Partner stated in correspondence with the Research Directorate that Haitian nationals who have a child with Brazilian citizenship can avail themselves of the new family reunification visa process stipulated in Interministerial Ordinance No. 38 (Partner 2023-06-22). According to this ordinance, the following documents are required to apply for a family reunification visa under the new process:

[translation]

Art. 6 The petition for a residence permit for family reunification must be filed with the following documents:

1. A duly completed residence permit application form;
2. A valid travel document or an official identity document;
3. A birth, marriage or consular certificate, provided that it is unrelated to the documentation set out in paragraph II;
4. A criminal clearance certificate or an equivalent document issued by the competent judicial authorities where the person has resided in the last five years;
5. In the event that the person cannot file what is set out in paragraph IV, a declaration is to be made, subject to legal penalties, of having no criminal record in any country, in the five years prior to the filing date of the residence permit application;
6. A birth or marriage certificate to establish the relationship between the applicant and the Brazilian national or the immigrant granted a residence permit or a valid document that establishes the relationship;
7. Evidence of the common-law relationship between the applicant and the Brazilian national or the immigrant granted a residence permit;
8. A joint declaration from both spouses or partners, subject to legal penalties, regarding the ongoing nature of the actual relationship and cohabitation;
9. An identity document of the Brazilian national or the immigrant granted a residence permit with whom the applicant wishes reunification;
10. A declaration, subject to legal penalties, that the sponsor (chamante) resides in Brazil;
11. Documents that establish economic dependence, when applicable; and
12. Documents that establish conservatorship, custody or guardianship of Brazilian [citizens], where applicable.

§ 1 If it is found that the immigrant is unable to file the original of any of the documents set out in the caput, and provided that it does not undermine the evidence of a family relationship, such a document can exceptionally be waived by conducting an interview to establish the relationship or by filing a statement, subject to legal penalties, as to the authenticity of the absent original document.

§ 2 The aforementioned residence permit may be applied for at the Ministry of Justice and Public Security for family members set out in Art. 4 who are outside the national territory.

…

§ 5 A previous residence permit application for a family member who is not in the national territory does not preclude the possibility of applying for a visa for family reunification purposes, under the terms of the Interministerial Ordinance No. 12 of 13 June of 2018 and may be undertaken at the Embassy of Brazil in Port-au-Prince. (Brazil 2023)

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.

Notes

[1] In the context of residency authorization for family reunification, Brazil's Ministry of Justice and Public Security (Ministério da Justiça e Segurança Pública) defines chamado (beneficiary) as the [translation] "applicant for the residence permit who seeks family reunification with a Brazilian (or with an immigrant who already has residency authorization)" (Brazil 2021-08-13).

[2] Brazil's Ministry of Justice and Public Security defines chamante (petitioner) as [translation] "a Brazilian (or immigrant who already has residency authorization) with whom the actual applicant for residency authorization seeks family reunification" (Brazil 2021-08-13).

References

Agência Brasil. 2023-04-17. Andreia Verdélio. "Brazil Speeds Up Visas for Haitians with Relatives in the Country." [Accessed 2023-05-18]

Agência Brasil. 2022-04-27. Karine Melo. "Brazil Renews Deadline for Humanitarian Visa for Haitians." [Accessed 2023-05-31]

Brazil. 2023-05-25. Ministério das Relações Exteriores, Embaixada Port Príncipe. "Visa temporaire XI – VITEM XI." [Accessed 2023-05-24]

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Additional Sources Consulted

Oral sources: Aetna International; associate professor at a Rio de Janeiro university who has conducted research on migrants in Brazil; Brazil – Defensoria Pública da União, embassy in Port-au-Prince, Ministério da Mulher, da Família e dos Direitos Humanos, Polícia Federal; Conectas; EMDOC; Ernst & Young; Establish Brazil; six law firms that provide immigration services in Brazil; former federal public defender responsible for migration and refugees; Fundação Abrinq; Haiti Aqui; immigration consultant firms in Brazil, Canada and the US; Instituto Fazendo História; International Committee of the Red Cross – Regional Delegation for Argentina, Brazil, Chile, Paraguay and Uruguay; International Federation of Red Cross and Red Crescent Societies – Cruz Vermelha Brasileira; Mattos Filho; Mawon; Oliveira Lawyers; Organização dos Haitianos que Vivem no Brasil; researcher at a Rio de Janeiro university who has conducted research on the Brazilian foster care system; researcher at a Rio Grande do Sul university who has conducted research on Brazilian children's rights; Save the Children – Latin America and the Caribbean Regional Office; Serviço Jesuíta a Migrantes e Refugiados Brasil; UN – UNICEF; Veirano e Advogados Associados; Visto Brasil.

Internet sites, including: Aetna International; Amnesty International; Associated Press; Asylum Research Centre; Better Care Network; Botinha & Cabral; Brazil – Comitê Nacional para os Refugiados, consulate general in New York, embassies in Ottawa and Washington, Instituto Brasileiro de Geografia e Estatística, Observatory of International Migration, Permanent Mission of Brazil to the UN; The Brazilian Report; BR-Visa; Caritas; Conectas Direitos Humanos; The Conversation; Dominican Today; Early Child Development and Care; EMDOC; Establish Brazil; EU – European Asylum Support Office, Migration EU Expertise; Factiva; France 24; Gibson & Associates LLP; The Haitian Times; Human Rights Watch; Igarapé Institute; Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela; International Centre for Migration Policy Development; Interuniversity Institute for Research and Development; Migration for Development & Equality; Migration Policy Institute; The New Humanitarian; Newland Chase; Le Nouvelliste; NPR; Oliveira Lawyers; OpenGlobalRights; Organisation for Economic Co-operation and Development; Organization of American States – Inter-American Commission on Human Rights; Oxfam – Oxfam Brasil; Reuters; The Rio Times; Saúde em Debate; Serviço Jesuíta a Migrantes e Refugiados Brasil; teleSUR; UN – Refworld, UNICEF; US – Department of State, Law Library of Congress; UN University – Centre for Policy Research; Veirano e Advogados Associados; World Bank.