Getting residency in Brasil with criminal record

I'm a Canadian citizen in Brasil getting married and wondering if my criminal record will get in the way of getting permanent residency here in Brasil 

what matters is your criminal records under Brazilian Jurisdiction. 

Immigration officials don't  they trade chips on misgivings, unless is a serious act of treason, or some heinous crime they actually would find  on interpol's database.




 



I'm a Canadian citizen in Brasil getting married and wondering if my criminal record will get in the way of getting permanent residency here in Brasil 

03/29/22

If your case has been settled, whether by dismissal, acquittal, or fulfilling some penalty, it will probably not be a problem.  A Brazilian's right to live with her/his spouse in Brazil carries a great deal of weight, and will overcome many other considerations.

Before I gained residency, I had to have an FBI check done that demonstrated my clear criminal history, Depending on your crime(s), you may or may not have a problem, but they do require a check. ANd I was legally married in both Brazil and the US at the time,.

Before I gained residency, I had to have an FBI check done that demonstrated my clear criminal history, Depending on your crime(s), you may or may not have a problem, but they do require a check. ANd I was legally married in both Brazil and ... - @sjpetzold

 03/30/22

Excellent point -- thanks for making it clear. 

A Criminal Background Check (from the FBI in the US) from any country where the applicant has lived during the preceding five years is an absolute requirement, both for obtaining your visa at the Consulate and for applying for residency when you get to Brazil.  Closed cases probably won't prevent the applicant from completing either process, but not having the Criminal Background Check certainly will.

Before I gained residency, I had to have an FBI check done that demonstrated my clear criminal history, Depending on your crime(s), you may or may not have a problem, but they do require a check. ANd I was legally married in both Brazil and ... - @sjpetzold

 ___

Hey there sjpetzold, I have never seen anything in print that states that you must have an "FBI check done that demonstrated my clear criminal history". If you have a link or information on where I can read up on that, I would certainly appreciate learning more about that. Thanks

Again, none of this stuff matters. 

You are either in some Interpol database  ( I-24/7 ) or not. If you are not, and all you committed were a misdemeanor, then your records  won't show up here. 

Besides, it is the obligation of the host country to run your background check. You showing up with a FBI affidavit won't have any face value, and worse, it will raise suspicions upon you.

Brazil is a participant  member of Interpol through their Policia Federal. You need to be known as a drug dealer, arms dealer, money launderer, terrorist, to be in their database. All they need to do is to key in your ID, name, and they will know what type of upstanding citizen you are.


 



 

04/03/22. Opinions concerning Interpol are largely irrelevant.

The Foreign Ministry requires a criminal background check from the applicant's country of residence:   the FBI for US residents, the RCMP for Canadians, the equivalent agencies for other countries.   No official background check, no residence visa:  it's that simple.  The Federal Police has the same requirement for Authorizations for Residency,  plus an apostille or legalization, and a Sworn Translation. 

Interpol may come into play in the cases of refugees or stateless people - Brazil probably isn't going to believe a Syrian or Afghan background check anyway  - but most of those poor souls have been cleared beforehand by the UNHCR, with whom Brazil has an excellent relationship. 

"Certidões de antecedentes criminais ou documento equivalente emitido pela autoridade judicial competente de onde tenha residido nos últimos cinco anos"


One needs to show certificate of (no) criminal records not from the country of  the nationality, but from the countries were you resided during last 5 years. So only in case if Brazil is first time you going to live abroad it will be 1 certificate. 

Showing up with those certificates is not suspicious at all it is a requirement. I myself showed up with few(!) certificates from different countries  in hands, so the officer could tell me they are the ones they need before wasting money on translations.
"Certidões de antecedentes criminais ou documento equivalente emitido pela autoridade judicial competente de onde tenha residido nos últimos cinco anos"


One needs ... - @Pukapi
 This has me scratching my head. What are you calling a certificate? If you need a background check from the US a local/state check will not work. I tried that it did not work. Must be an FBI (covers all states), does not need translations in many PF offices because PF knows the FBI and Interpol well.
"Certidões de antecedentes criminais ou documento equivalente emitido pela autoridade judicial competente de onde tenha residido nos últimos cinco anos"


One needs ... - @Pukapi
 ___
I too am not sure what you mean by "certificate", nor can I find anywhere that specifies "(no) criminal records".  Here is a copy and paste from the current Miami Brazilian Consulate VITEM Checklist. I would love to see where you got that information, thanks

BACKGROUND CHECK 
You must present a background check from the place(s) where you've lived in the past 12 months. If you've lived only in
the United States your background check must be preferably from FBI. However, background checks from the local police
are also accepted.

LOCAL POLICE BACKGROUND CHECK FROM THE UNITED STATES
If you choose to present a background check from the local police, you must make sure you present the background checks
from every address where you've lived for the past 12 months. If you've lived in more than one place, you must present a
different background check for each place. 

BACKGROUND CHECKS FROM OUTSIDE THE UNITED STATES
If you live or if you've lived outside the United States for the past 12 months, you must present the background
check from that place.
Background checks from countries that are members of the Hague Apostille Convention 
1. Check if the country is a member of the Convention at https://www.hcch.net/en/states/hcch-members. 
2. If the country is a member, check who is the authority in charge of issuing the apostille for the background
check at https://www.hcch.net/en/states/authorities. 
Background checks from countries that aren't members of the Hague Apostille Convention
If the country is not a member of the Hague Convention on Private International Law (HCCH), the background
check must be legalized at an Embassy, Consulate or consular office of Brazil with jurisdiction over the place where
the document was issued. 

Check the jurisdiction of all Brazilian Consular Offices in the world and their websites at
http://sistemas.mre.gov.br/kitweb/dataf … fices.pdf.
 Lol why you quote consulate  in Miami here:) 
OP is in Brazil and married to Brazilian, they will receive permanent residence here in Brazil without any consulate at all. 

What I quoted are requirements  for family reunification permanent residence. It says what it says. https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Moreover it must be apostilled and translated. Translations are not obligatory only for Mercosul citizens.
Lol why you quote consulate  in Miami here:)
OP is in Brazil and married to Brazilian, they will receive permanent residence here in Brazil without any consulate at all.

What I quoted are requirements  for family reunification permanent residence. It says what it says. https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Moreover it must be apostilled and translated. Translations are not obligatory only for Mercosul citizens.
- @Pukapi
The OP question is from a Canadian citizen. The second question was from a US citizen. Nothing to do with Mercosul!!
Check the topics. Miami is a good reference for US citizens.
Lol why you quote consulate  in Miami here:)
OP is in Brazil and married to Brazilian, they will receive permanent residence here in Brazil without any consulate at all.

What I quoted are requirements  for family reunification permanent residence. It says what it says. https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Moreover it must be apostilled and translated. Translations are not obligatory only for Mercosul citizens.
- @Pukapi
___
Here is a better question, why would you act so rude on this site and towards me? 
That said absolutely everything we all need to know about you and your personality.  The Consulate information and the rules for a VITEM visa will all be the same.  Each Consulate maintains its own website and some are much better than others at doing so.  The Miami consulate is very good at providing current and complete information. If you read my other hundreds of posts, you will see I continually state each person must utilize the Consulate or PF responsible for where they reside, even posting links to regional Consulate maps. I have been through the entire process, recently, and it is all VERY easy when done correctly.  No one ever asked for translations of my documents, and some of my originals are in Icelandic; I doubt many Brazilians can read Icelandic.
Now then, stop acting like a childish D.ck towards other people who are only trying to help others, and grow up.
I was not even rude, if was -please point out which part was rude I'm speaking  many languages and Im not native speaker of English.

Making statements about personalities of people who you don't know and who didn't ask you to analyze them -this is what actually rude and I open you possibility to pardon yourself for that.
Did you apply for family reunification residence here in Brazil to PF with document in Islandic without apostille and trasnslation? Which office it was? That's too nice of them. because the specific law concerning this type of residence requires both.
Family reunification residence: Portaria Interministerial nº 12, de 14 de junho de 2018;
[moderated]
Moderated by Julien 2 years ago
Reason : misleading post
We invite you to read the forum code of conduct
I was not even rude, if was -please point out which part was rude I'm speaking  many languages and Im not native speaker of English.

Making statements about personalities of people who you don't know and who didn't ask you to analyze them -this is what actually rude and I open you possibility to pardon yourself for that.
Did you apply for family reunification residence here in Brazil to PF with document in Islandic without apostille and trasnslation? Which office it was? That's too nice of them. because the specific law concerning this type of residence requires both.
- @Pukapi
----
English is my third language. I did not speak or write a single word if it when I immigrated to the USA. So, that is certainly excuse for your rudeness.

Hello,

Good morning everyone.

Languages4Brazilians

As I went through the whole legalization process in São Paulo, I will share what I know.

Americans ( I can not speak for other nationalities, sorry) who are in the process of getting their RNE need to do two things as far as criminal background checks go.

1. Get a criminal background check done by the Federal Police of Brazil. It is done right at the Policia Federal ( Federal Police building) where you are applying for you RNE, costs nothing and only takes a week or so. If you have never committed a crime in Brazil, don´t worry about anything.

2. Get a Federal Criminal Background check from the United States. Brazil does not ask for or check the state Criminal Background check, only the Federal one. So, If you have something on your record from the state that you lived in like a DUI for example, it won´t show up. You need to go on the US Federal Criminal Background website, fillout the application form for a self background check, pay the fee and give them a US address. They will NOT send the results to Brazil or via email, and ONLY to a US address. Once at the US address, you will have to have the person send it to you here in Brazil ( if you live here) and then you will need to take it to a tradutor juramentado ( An official, legal translator) who will translate, sign and seal the document juridically. If you live in the USA you might be able to do this there by going to a Brazilian tourism agency and asking where to find this service in the US. After doing this with the tradutor juramentado you will need to send the document to the Brazilian consulate who will officialize the document, sign the document and give it back to you once again. You need to do all these steps within the specific time period set out by the Federal Police. I believe my time period was 90 days. It was an absolute nightmare and very expensive.

If I can help with any further questions, I will try.

Devorah

Brazilian Consulates no longer legalize foreign documents issued by countries that are also parties to the 1961 Hague Convention. You will need to have this done on your own using a service approved by the BR Consulate.
Check the Brazilian Consulates in your area in the USA.
As to the FBI background checks if in Brazil, you can do this by sending your fingerprints on the accepted card to the FBI office in WV or through an FBI-approved channeler. A channeler can do this electronically and once obtain send it via email to you.
The CRNM is the National Migration Registration Card for people granted their RNM status and is the most important Brazilian document for foreigners.  The CRNM was established by Law No. 13,445 / 2017 (known as the New Migration Law) was established by Law No. 13,445 / 2017 (known as the New Migration Law) and replaced the RNE, the National Foreigner Registration, at that time. To my knowledge, there is no such thing as a new RNE being given.

@rraypo


I see you mention that a local police background check would suffice for Temporary Residency application Visas..


Everywhere I've read states that it must be an FBI background check.


In my situation..  On a local/state level my background check would reveal absolutely nothing.. On the Federal/FBI level it would reflect a felony (now fully completed) circa 2019.  Obviously a drastic difference in approval likelihood.


Do you have government source content to affirm that the local check is sufficient?  Even the consulate in Miami stated it must be an FBI background check current up to the last 90 days.


04/12/24    @rraypo
I see you mention that a local police background check would suffice for Temporary Residency application Visas..
Everywhere I've read states that it must be an FBI background check.
In my situation..  On a local/state level my background check would reveal absolutely nothing.. On the Federal/FBI level it would reflect a felony (now fully completed) circa 2019.  Obviously a drastic difference in approval likelihood.
Do you have government source content to affirm that the local check is sufficient?  Even the consulate in Miami stated it must be an FBI background check current up to the last 90 days.   

    -@BMHOFFMAN92


Some (not all) Brazilian Consulates permit local police background checks for some temporary visas.  Miami doesn't list their requirements for the Digital Nomad visa on their site, but if they're telling you that you need the FBI Criminal Background Check for it, then you do.  The best you can do is to obtain your FBI Criminal Background Check, determine exactly what it says, and, if it's negative, whether you have other documentation that the Consulate might accept as proof of rehabilitation.


    @rraypoI see you mention that a local police background check would suffice for Temporary Residency application Visas..Everywhere I've read states that it must be an FBI background check.    -@BMHOFFMAN92


I do not recall stating that anywhere. I had the FBI check done, for my own Vitem XI Family Reunification Visa, while I was in the USA. I filled out their forms online and paid their fee. Then, I made an appointment at one of the USPS biometric offices, there are two in Oregon. I drove to my appointment, checked in at the USPS counter, had the computer scans done, and the instant I paid my fee to them and the was done. Before I go to the exit door of the building, my cell phone buzzed notifying me that my FBI Background check had already been completed and was in my email. They mailed a hard copy to me, but my Consulate was happy with a copy of my email check. I actually had my Vitem XI back in my hands before I received the hard copy.  I found the entire process to be quite straightforward and very fast.


04/12/24        @rraypoI see you mention that a local police background check would suffice for Temporary Residency application Visas..Everywhere I've read states that it must be an FBI background check.    -@BMHOFFMAN92
I do not recall stating that anywhere.     

    -@rraypo


Back in 2022 (post #11, above) you were quoting the Miami Consulate requirements for the VITEM XI (Family Unification) visa.  Different visa, with different, and less stringent, requirements. 


It's important for people to understand the context, especially when looking at old posts.