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Dual citizenship

Dual citizenship

What is dual citizenship in Brazil and how can a foreign woman in labor, her husband and other family members and loved ones obtain it?

What is dual citizenship in Brazil?

Dual citizenship is a status that allows a person to be a citizen of two countries at the same time. Brazil recognizes dual citizenship under certain conditions.

Features of dual citizenship in Brazil:

  • Birth in Brazil. Any child born on Brazilian territory automatically becomes a Brazilian citizen, regardless of the nationality of the parents (jus soli principle).
  • Retention of the parents' nationality. In most cases, the child retains the nationality of the parents (jus sanguinis), if the law of their country allows it.
  • Rights and obligations. Brazil does not require renunciation of second citizenship when acquiring one's own. Brazilian citizens with dual citizenship have the same rights as other Brazilians (e.g., access to education, medicine, and voting rights).

Dual citizenship of a child

  • Your child born in Brazil automatically becomes a Brazilian citizen.
  • You can register it with your country's consulate for a second citizenship if your country's laws provide for it.

How does BabyInBrazil help with dual citizenship?

We offer comprehensive support in processing documents for dual citizenship:

  • Registering your child in Brazil. We help you register your child's birth certificate and CPF with the Brazilian authorities (Cartório de Registro Civil).
  • Obtaining a Brazilian passport. Organize the application for a Brazilian passport for a newborn.
  • formalization of a second citizenship
  • Advise on the procedure for registering your child with your country's consulate in Brazil.
  • Check what documents will be required (translations, apostille, notarizations).

Counseling for mothers

  • Explain how the status of the child affects the possible acquisition of residence permit, residence permit or Brazilian citizenship for the mother.
  • We help you gather documents and submit your application.

What is a residence permit and residence permit in Brazil for a mother?

Residence permit (Temporary residence permit, Residência Temporária)

  • It is a permit to legally reside in Brazil for a limited period of time (usually 1-2 years).
  • A residence permit allows you to work, study, receive medical services and other rights similar to citizens, except for participation in elections.
  • After the end of the term, you can apply for an extension or transition to a permanent residence permit.

Obtaining a residence permit:

  • Foreign women who have a child in Brazil can apply for a residence permit.
  • Grounds: the presence of a minor Brazilian citizen child dependent on the mother.
  • Documents:
    • The child's birth certificate.
    • Address Confirmation.
    • Financial documents (if required).

Permanent Residence Permit (Residência Permanente)

  • It is an authorization for permanent residence in Brazil with no time limit.
  • Permanent residence grants almost all the rights of Brazilian citizens, except for electoral rights.
  • After obtaining a permanent residence permit, you can apply for Brazilian citizenship after 4 years. 

Transition to PML:

  • After obtaining a residence permit, it is possible to apply for a permanent residence permit if:
    • You have been living in Brazil for at least 1-2 years with a residence permit.
    • You continue to raise a child citizen.
  • The documents are similar to those required for a residence permit, but proof of your long-term residence in the country is added.

Obtaining citizenship:

  • After 4 years of residence with a permanent residence permit, you can apply for citizenship (this period can be shortened for parents of Brazilian citizens).
  • Terms and Conditions:
    • Long-term residence in Brazil.
    • Knowledge of Portuguese.
    • No criminal record.

How does BabyInBrazil help legalization?

  • Document preparation. We help you to collect and translate all the documents required to apply for a residence permit or permanent residence permit.
  • Filing applications. We advise you on filling out the application form for residence permit and permanent residence. We also accompany you when you visit the migration authorities.
  • Legal assistance. We help you solve possible problems with your documents or status in the country. We explain the laws governing your stay in the country.
  • Citizenship preparation. Advice on preparing for the citizenship exam.

Advantages of dual citizenship for a child

  • Access to the rights of two countries. Education, medicine, social protection.
  • Free movement. Ability to use passports of two countries to facilitate travel.
  • More opportunities for the future. Easier access to work, study and live in both countries.

What documents do I need to register my child with the consulate?

You will need the following documents to register your child at your country's consulate in Brazil.

These requirements may vary slightly from country to country, so it is important to check with the consulate for clarification.

Key Documents:

  • Child's birth certificate (Certidão de Nascimento):
    • The original and its translation into the language of your country (if required).
    • In some countries, the translation must be certified by a sworn translator or notary public.
  • Passports of the parents. Original and copies of both parents' passports.
  • Marriage certificate (if the parents are married). If the parents are married, a copy of the marriage certificate translated into Portuguese (or the language of the country of registration) may be required.
  • Proof of the parents' citizenship. For example, internal passport (if any), certificate of citizenship or other documents proving the citizenship of the parents.
  • Completed application form. Most consulates require a standardized form to register a child.
  • A photograph of the child. Some consulates may request a photograph of the child in a prescribed format (usually for a passport).
  • Proof of parental residence. A document proving your current residence in Brazil (e.g. rental agreement or utility bill).

Additional Documents:

  • Consent of the other parent. If one parent is absent, a written notarized consent may be required.
  • Documents proving the mother's marital status. For example, a certificate of divorce or death of a spouse, if applicable.
  • CPF of parents. Some consulates may request CPF to identify parents in Brazil.

How to draw up documents

  • Translation and attestation. Translations must be done by a sworn translator and sometimes an Apostille (Apostila de Haia) will be required to legalize the documents.
  • Preparation of Copies. All originals must be accompanied by quality copies.
  • Applying at a consulate. You can apply at your country's consulate or embassy in Brazil. Be sure to check if you need to make an appointment in advance.

How does our company help with the paperwork?

  • Legal advice. We will advise you on the full list of documents specific to your country.
  • We organize professional translation of documents and their certification.
  • Preparation of the application. We will help you to fill in the application form and collect a package of documents.
  • We will organize consultation with the consulate and assist in registration.

What do I need to know to get a residence permit, residence permit?

What rights does a residence permit in Brazil give?

The Temporary Residence Permit (Residência Temporária) allows foreigners to legally reside, work and use social services in Brazil for a certain period of time. This status grants the following rights:

1. Right of residence:
  • Legal stay in Brazil during the term of the residence permit.
  • Ability to live in any state and move within the country with no restrictions.
2. Right to Work:
  • A residence permit allows you to legally work in Brazil if your permit is related to employment.
  • The employer is not obliged to additionally issue a work permit.
3. Access to education:
  • Public and private educational enrollment opportunities for you and your children.
  • Children of residents with a residence permit are entitled to free primary and secondary education in public schools.
4. The right to health care:
  • Access to public health services through the SUS (Sistema Único de Saúde)
  • Free medical care, including childbirth, immunizations, and treatment in public hospitals.
5. Right to social services:
  • Possibility of opening a bank account.
  • Obtaining a CPF (Cadastro de Pessoas Físicas), an important identification number for financial and legal transactions.
  • Access to social programs (depending on the type of residence permit and the status of the applicant).
6. Right to execute documents:
  • Issuance of local identity cards (e.g. RNE or CRNM - Registro Nacional de Estrangeiros).
  • The possibility of converting a residence permit into a permanent residence permit if the conditions are met (e.g. residence in the country for a specified period of time).
7. Business and Investment:
  • For entrepreneurs: The residence permit allows you to open and run a business in Brazil.
  • For investors: A residence permit can be the basis for participation in investment projects.

8. Free movement. The possibility of crossing the borders of Brazil without obtaining a visa, as long as the residence permit is valid.

Restrictions of the residence permit

The validity period is limited to 1-2 years and requires renewal. And residents with a residence permit are not eligible to participate in elections.

The residence permit gives the foreigner almost all the key rights for a comfortable life in Brazil. However, in order to obtain a more stable status, it is recommended to apply for a permanent residence permit.

If you would like to know more or get help with your residence permit application, contact us - BabyInBrazil on WhatsApp and we are here to help you every step of the way!

In order to obtain a residence permit in Brazil (temporary residence permit), a Portuguese language test is not required. However, when becoming a Brazilian citizen (naturalization), language proficiency becomes mandatory and a language test may be required.

What does a mother need for a residence permit?

There are usually no exams required to obtain a residence permit, but there are requirements that must be met:

  • Financial or professional solvency. For a labor residence permit it is necessary to prove your qualifications (e.g. diplomas, certificates) and employment contract.
  • In some cases, health certificates are requested to confirm the absence of infectious and other diseases.
  • Criminal record. Confirmation of absence of criminal record (certificate from the country of residence).

In obtaining citizenship:

  • Language exam:
    • A basic level of Portuguese language proficiency is required. This is tested verbally or in writing to ensure that the applicant is able to integrate into Brazilian society.
    • Exception: applicants over 60 years of age or those unable to take the exam for health reasons.
  • Brazilian History and Culture. In some cases, questions may be asked about the structure of the state or the culture of the country, but this is not always and is not necessary.

How can our company help with paperwork and filing?

  • Document preparation. We will help you translate and certify all necessary documents to meet the requirements of residence permit and residence permit.
  • Legal support. We provide support at all stages of application submission, including interaction with migration authorities.
  • Language support. We recommend Portuguese language courses and exam preparation if you plan to apply for citizenship.

If you still have questions, we provide free consultations on WhatsApp - email us!

How long does it take to get a residence permit?

The process of obtaining a permanent residence permit (PRP) in Brazil can take anywhere from a few months to 1 year or more, depending on several factors.

The process of obtaining a permanent residency permit (PRP) in Brazil can take a long time due to several key factors:

  • Type of visa and support for obtaining a residence permit. Each category (labor, family, investment, humanitarian) has its own requirements and documentation. Some categories involve a more complicated procedure of document verification and confirmation.
  • Defendant's personal circumstances. Criminal history, marital status, professional qualifications, financial status
  • Administrative procedures. The heavy workload of migration services, the need for in-depth research, coordination between different state agencies, collection and verification of the quality of documents also have an impact.
  • The quality and completeness of the documents provided:
    • Availability of all necessary certificates and endorsements.
    • Correctness of paperwork.
    • Accuracy of document translation.
    • Compliance with Brazilian legal requirements.
  • Economic and political situation in the country. Current migration policy, immigration quotas, economic situation and need for foreign specialists, possible changes in legislation.

Each of these factors can slow down the process of obtaining permanent residence, stretching it out for a year or more.

The most average stages and terms of obtaining a residence permit:

Stages of obtaining a residence permit:

1. Collection and preparation of documents

Time: 2-4 weeks (depends on the complexity of obtaining documents in your country).

  • Certificates of no criminal record, passports, birth certificates, marriage certificates, financial and other documents.
  • Translation and certification of documents (including apostille).
2. Submitting an application

Deadline: 1 day (the submission process itself).

  • The application must be submitted to the Migration Department of the Federal Police (Polícia Federal).
  • Some applications can be submitted online through the Migration Service portal.
3. Check of documents by migration authorities

Term: 3-9 months. This stage includes checking the validity of documents, your personal history (criminal record, migration offenses), compliance with the grounds for permanent residence.

4. registration of residence permit

Time: 1-2 months after approval. Once your application is approved, you will receive a Registro Nacional Migratório (RNM), which confirms your permanent residency status.

The timeframe depends on the basis for the PML:

  • Kinship with a Brazilian citizen (child, spouse). Usually faster: 4-6 months. The basis is a priority for the Brazilian authorities.
  • Investment or entrepreneurship. Can take 6-12 months as it involves a review of the business and finances.
  • Work or study. Conversion of temporary status to permanent residence takes up to 1 year.
  • Naturalization Program. Requires residence in Brazil for 4 years with a residence permit before applying for permanent residence.

Important factors affecting timing:

  • Request for additional documents. May extend the process.
  • Congestion of migration services. Especially in large cities.
  • Errors in submitted documents. Need for corrections and resubmissions.

How can we help speed up the process of obtaining a residence permit?

  • Advice on the basis for permanent residence. We will help you to choose the most suitable way.
  • Document preparation. We organize translations, certifications, apostilization.
  • Accompany you through the application process. Reduce the likelihood of errors.
  • Process monitoring. Speed up the process of interaction with migration authorities.

Sign up for a free consultation via WhatsApp to get personalized help!

Can I get citizenship if I don't have a job?

Yes, it is possible to obtain citizenship in Brazil even if you do not have a job, as having a job is not a requirement for naturalization. However, there are other criteria that must be met.

Requirements for Brazilian citizenship:

  • Accommodation in Brazil:
    • You must have lived in the country legally for at least 4 years before applying.
    • This period can be reduced to 1 year if you are married to a Brazilian citizen or have a Brazilian child.
  • Knowledge of the Portuguese language. A basic level of language proficiency must be demonstrated.
  • No criminal record. It is important to have a clean criminal history, both in Brazil and in the country of origin.
  • Financial Independence. Although work is not required, you must prove that you are able to support yourself financially. This can be demonstrated through personal savings, investment income or family support.
  • Community Integration. Demonstrate ties to Brazilian society, such as participation in local life, knowledge of culture and law.
  • Lack of employment can be compensated. If you are not working, you can provide documentation of other sources of income or financial support. For example, evidence of savings, rental income from real estate, or spousal/relative support.

How can we help with citizenship?

  • Document Preparation. We can help you prepare proof of financial solvency.
  • Advice on rights. Advice on alternatives to confirm independence if you are unemployed.
  • We will help at every stage of citizenship registration, including interaction with migration authorities.

If you have any questions, make an appointment for a free consultation via WhatsApp, or call now. It is possible to ask your questions in the feedback form.

Do I need a Portuguese proficiency test for citizenship?

Knowledge of Portuguese is a prerequisite for obtaining Brazilian citizenship. The candidate must demonstrate a basic level of language proficiency (elementary literacy level) to communicate and understand the basic context of life in the country.

Exam details:

  • Usually, language skills are tested through an oral interview with representatives of the migration department or in court.
  • If necessary, the applicant may be referred for language assessment testing.
  • Exceptions are possible for:
    • People over the age of 60.
    • Illiterate persons.
    • Individuals with special needs that limit their ability to learn a language.

How to prepare?

  • Language courses. Local schools or online Portuguese language courses can help you prepare.
  • Self-study. Use apps such as Duolingo or learn the basics with tutorials.
  • Interact with native speakers to improve your skills.

How can we help?

  • We provide guidance on how to prepare for the language proficiency test.
  • Assist with organizing the necessary paperwork to apply for citizenship.
  • Advise on possible exceptions to the requirements.

Obtaining a residence permit, permanent residency or citizenship in Brazil can be a complicated process, but our team is here to help you every step of the way. We provide free consultations to answer your questions and prepare you for life in Brazil! Contact us via WhatsApp (phone number)!

Is it possible to renounce one citizenship?

Yes, it is possible to renounce one citizenship, but the process and conditions depend on the laws of the country whose citizenship you wish to renounce.

Keep key aspects and considerations in mind:

1. How to renounce citizenship

  • Filing an application. It is usually necessary to apply for renunciation of citizenship to the relevant authorities of the country (e.g. consulate abroad).
  • Document collection. This may include identification, passport, proof of other citizenship (or intention to obtain it).
  • Payment of fees. Some countries require payment of a substantial government fee to renounce citizenship.
  • Review of the application. The process can take from several months to several years.

2. When denial is beneficial

  • Avoidance of double taxation. For example, U.S. citizens must pay taxes on global income even if they live outside the country. Relinquishing citizenship can reduce the tax burden.
  • Avoiding compulsory military service. Some countries require military service from all citizens, even if they live abroad.
  • Simplification of legal status. If the laws of the country of residence restrict the rights of dual nationals, renunciation can make life easier.
  • Business or political interests. In some cases, dual citizenship may be perceived as a conflict of interest.

3. When denial is disadvantageous

  • Loss of rights and privileges. Citizenship often confers rights such as social protection, pension, access to education and health care that can be lost.
  • Restrictions on freedom of movement. Some countries grant their citizens visa-free access to more countries than others.
  • Difficulties in restoring citizenship. If you later want to restore your citizenship, it may not be possible or may be difficult.
  • Family reasons. If you have relatives in the country, renouncing your citizenship may complicate family reunification or inheritance matters.

4. features of some countries

  • Renunciation of Russian citizenship is possible, but requires proof of other citizenship or a guarantee of obtaining it.
  • S. CITIZENSHIP. The process of renouncing your U.S. citizenship includes an official declaration, surrendering your passport and, in some cases, paying the so-called Exit Tax.
  • European countries. Many of them allow dual citizenship, so renunciation may not be necessary.

Before renouncing citizenship, it is important to consult with a lawyer or migration specialist to understand all legal and financial implications.

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Will the child pay taxes in both countries?

Whether the child will pay taxes in both countries depends on the tax laws of those countries and how they regulate taxation for dual citizens or for their citizens living abroad.

1- The main factors affecting the taxation of a child:

  • Residency:
    • If a child lives in one of the countries, taxes are usually levied where the child is considered a tax resident.
    • Tax residency is determined by the time of residence (e.g., 183 days per year) or other factors such as where the family lives.
  • Citizenship:
    • Some countries, such as the United States, levy taxes based on citizenship, regardless of where you live. This means that a child with U.S. citizenship must file a tax return even if he or she lives abroad.
    • Most other countries tax only those who reside or have income in their territory.
  • Income Type:
    • Taxes can be levied on income earned domestically (wages, rent, dividends) or internationally (global income).

2. Double taxation treaties

Many countries sign double tax treaties (DTTs) to protect citizens from paying taxes on the same income in two countries. Such treaties are:

  • Determine which country has priority right to taxation.
  • Tax credits are often provided: if tax is paid in one country, it is deducted from tax in another.

For example, if a child is a citizen of both Russia and Germany, but lives and earns in Russia, the income is taxable in Russia, while in Germany the tax paid can be credited.

3. Examples of countries and their approaches

  • Taxation is based on residency. If a child is not a tax resident of Russia, he/she pays taxes only on income received in Russia.
  • A child with U.S. citizenship is required to file tax returns even if he or she does not live in the country. However, there are exceptions for foreign income, such as the Foreign Earned Income Exclusion.
  • European countries. Taxes are usually paid where the child lives and earns, but global income may be taxed depending on the country.

4. Practical recommendations for parents

  • Examine the tax laws of both countries. Determine who is a resident and what tax obligations arise.
  • Consult a tax advisor. This is especially important if the child or family earns income in different countries.
  • Check for the existence of DODNs. If there are such agreements, this can significantly ease the tax burden.

A child may face taxation in both countries, but thanks to international treaties and tax credits, it is possible to avoid paying taxes twice on the same income.

What are the rights and obligations of a Brazilian citizen with dual citizenship?

A Brazilian citizen with dual citizenship has certain rights and obligations that are governed by both the laws of Brazil and the other country of citizenship. Brazil allows dual citizenship, but with certain restrictions.

Rights of a Brazilian citizen with dual nationality

Brazil:

  • Full citizenship: In Brazil, a person with dual citizenship is considered exclusively a Brazilian citizen. This means that:
    • He has the right to participate in elections, to run for public office.
    • He is entitled to protection and support from the Brazilian authorities.
    • He can freely enter and exit Brazil using a Brazilian passport.
  • Social rights: A citizen has access to free medical care, education and other public services.
  • Right to Property: A citizen may acquire and own real estate in Brazil without restriction.

In another country:

  • Rights depend on the law of the second country, e.g.:
    • Visa benefits for travel.
    • Access to education, medicine or social services of another country.
    • Ability to work or run a business without additional permits.

International Protection:

  • Outside of Brazil, he or she may seek assistance from a Brazilian consulate or embassy.
  • However, in the country of second citizenship, he would be considered a citizen of that country and the Brazilian authorities would not be able to interfere in his affairs.

Responsibilities of a Brazilian citizen with dual nationality

Brazil:

  • Military service. Men aged 18-45 are required to register for military service and, if necessary, serve, although exemptions can often be obtained.
  • Compliance with Laws. In Brazil, a citizen is obliged to obey Brazilian laws, even if they differ from those of another country.
  • Payment of taxes. Taxes are paid on income earned in Brazil. For a tax resident, on global income.

In another country:

  • Duties are governed by the laws of second citizenship. For example:
    • Payment of taxes.
    • Military service (if required in another country).
    • Compliance with local laws.
  • Passport regime. A citizen must enter and leave Brazil only with a Brazilian passport, even if he or she holds a passport of a second country.

Restrictions for citizens with dual citizenship

  • Public Service. Only Brazilian citizenship may be required to hold certain public offices in Brazil.
  • Renunciation of Citizenship. If a citizen voluntarily acquires another nationality in situations where Brazilian law does not provide for it, he or she may lose Brazilian citizenship. However, with citizenship by birth, this hardly ever applies.

Advantages of dual citizenship for a Brazilian

  • Visa-free travel. The Brazilian passport provides visa-free or simplified entry to more than 150 countries.
  • Global Opportunities. The opportunity to live, work or study in two countries.
  • Consular support. Outside the second country, the citizen can count on the support of Brazilian consulates.

Dual citizenship gives a Brazilian citizen increased rights and opportunities, but also imposes obligations to both countries. It is important to know the laws of both countries to avoid conflicts or loss of citizenship.

Can dual citizenship be arranged if the parents are not married?

It is possible to obtain dual citizenship for a child even if the parents are not married. In most cases, the child's citizenship is determined on the basis of the parents' citizenship rather than their marital status. However, the process may differ depending on the countries whose citizenship is to be obtained.

How a child's citizenship is determined

  • By right of blood (jus sanguinis). The child automatically acquires the nationality of the parents, regardless of whether they are married. For example, if one parent is a citizen of country A and the other is a citizen of country B, the child can claim both citizenships.
  • By right of the land (jus soli). In some countries, such as the United States and Brazil, a child automatically becomes a citizen of the country if born on its territory, regardless of the citizenship of the parents or their marital status.

Citizenship procedure

If both parents are from different countries:

  • Parenthood documents:
    • It is important to prove the relationship to both parents. This can be a birth certificate that lists both parents.
    • If paternity has not been established (for example, if the father is not listed on the birth certificate), paternity may need to be established through the courts or by agreement of the parties.
  • Formalization of citizenship:
    • The citizen parent applies to the consulate of his or her country, providing proof of parentage.
    • Some countries may require a statement of consent from the other parent to apply for citizenship.

Important points

  • Lack of marriage does not preclude citizenship:
    • Citizenship is passed on by bloodline, not by the marriage of parents.
    • Even if the parents are not married, the child can obtain citizenship of both states.
  • Features of each country:
    • Some countries may require the parent transferring citizenship to formally recognize the child.
    • For example, in France or Germany, it is important to prove biological parentage if there is no marriage.
  • Mutual consent of the parents. If parents are not married and are in conflict, this can complicate the paperwork. For example, one parent may refuse to provide consent when required by law.
  • Dual citizenship and country legislation. Not all countries recognize dual citizenship. For example, if one of the parents is a citizen of a country that prohibits dual citizenship, the child may be forced to choose one citizenship when he or she reaches a certain age.

Recommendations for parents

  • Gather all documents. Birth certificate, parents' passports, proof of citizenship (e.g. internal passport or certificate of citizenship).
  • Contact the consulates. Check the requirements for citizenship with the consulates of each country.
  • Check the rules in advance. If there are contradictions between countries in recognizing dual citizenship, it is important to know how this will affect the child in the future.

Regardless of whether the parents' marriage is registered or not, the child has the right to obtain citizenship of both parents, if it is allowed by the legislation of the countries. The main thing is to draw up the documents correctly, confirm the relationship and take into account the legal nuances of both countries.

We recommend consulting with our lawyer specialized in immigration law to properly understand all procedures and documents. Do not hesitate to contact us via our feedback form (link to the form, or the form below) or WhatsApp (contact number) and our consultant will answer any of your questions.

All consultations are free and do not commit you to anything.

This will help avoid misunderstandings and ensure that all requirements are met.