Dependent same-sex and domestic partners no longer need special approval under New Normative Resolution #108

IMPACT – MEDIUM

What are the changes? On Feb. 18, the Ministry of Labor published a resolution that changes procedures affecting same-sex and unmarried dependent partners.

What does the change mean? Dependent partners in a stable union or same-sex relationship can now get their visas directly at a Brazilian consulate abroad; they no longer need to petition the National Immigration Council (CNI).

• Implementation timeframe: March 20.
• Visas/permits affected: All visas (temporary and permanent).
• Who is affected: Dependents of temporary or permanent visa holders, especially same-sex partners and domestic partners (“stable union”).
• Impact on processing times: Processing times significantly reduced.
• Next steps: Same-sex and unmarried partners no longer need to get CNI approval in order to obtain dependent visas. They can apply directly at a Brazilian Consulate abroad.

Background: The Ministry of Labor published New Normative Resolution (#108), which revokes old procedures relating to dependent and family reunion applications.

Before this Normative Resolution, dependents in same-sex and unmarried stable-union relationships had to get their visas approved by the Brazilian National Immigration Council (CNI), which could only be done after the main visa holder had arrived and registered in Brazil. This process could take two to five months, as the CNI meets only once a month to adjudicate such cases.

BAL Analysis: Brazilian immigration law is evolving to meet cultural changes. Dependents of temporary and permanent visa holders in same-sex or domestic partnerships (as well as where the main applicant is a Brazilian national) can obtain their visas at a Brazilian Consulate, avoiding the longer process of seeking National Immigration Council approval.

This alert has been provided by the BAL Global Practice group in Brazil. For additional information, please contact brazil@bal.com.

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