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If your plan is to get married in Brazil, congratulations! And if you’re also planning on sponsoring your spouse to come to Canada, it’s good to keep a few things in mind when planning that wedding in Brazil and preparing to sponsor your spouse.

  • Brazil is an enormous, wealthy, and relatively powerful country, despite challenges with poverty and some corruption. They are a proud republic with detailed laws on the process of marrying a Brazilian citizen. Follow the rules and don’t try shortcuts.
  • Brazil is a country that was built on immigration, so as long as you play by the rules you’ll be well treated as a foreigner. Understand and respect the culture and you’ll be fine.
  • As you work through our overview, carefully read the section below on the 3 types of marriage arrangements (this involves the division of assets in case of a future divorce). To do this you have the option of putting together a pre-nuptial agreement under Brazilian law.
  • Canada has had a fairly lengthy and good relationship with Brazil, and this is reflected in how Brazilian visitors are treated when coming to Canada. So when considering your sponsorship application, this might offers some advantages, as we’ll show below.

Please remember that spousal sponsorship is a lengthy process with lots of steps – including making sure your marriage documentation is done correctly – and that mistakes can delay your application for weeks or even months. With that in mind, let’s review marriage in Brazil and sponsoring your spouse to come to Canada.

Marriage in Brazil

Marriage in Brazil is essentially a matter of registering (filling out and submitting) a series of documents at a notary public.

  • In the first place, your passport will be a primary document you’ll be using in Brazil as you plan and prepare for your wedding.
  • Additionally, you will have to prove your status as a single, divorced, or widowed person. This involves getting a certificate of civil status in Canada which previously had to be legalized by the Brazilian consulate or embassy nearest you. As Canada does not have a central civil registry, you will need to get what is called a Statement in lieu of a certificate of non-impediment to marriage abroad. This will serve as your certificate of civil status.
    • However, the good news is that Canada is now a signatory to the Hague Convention (2023) and as of January 1, 2024 apostilles are available in Canada. An apostille is a seal that shows a document is legally valid and is accepted in other countries that are part of the Hague Convention.
    • As a result, your Statement if lieu of, with an apostille seal, should be accepted in Brazil which has been a signatory to the Hague Convention since 2015.
    • To get your apostille, there are a number of legal service providers in Canada that will do this for you, or you can deal directly with Global Affairs Canada.
    • Of course, you could also have it legalized by the Brazilian consulate or embassy but this no longer appears to be necessary if you have an apostille. Nevertheless, It’s always a good idea to have your to-be spouse check to make sure a certificate in lieu of is acceptable to the registry office in Brazil that you’ll be using.
    • You will also need certified translations of all documents, including your Statement in lieu of. As well,
  • You’ll need your birth certificate.
  • You’ll need your divorce certificate or decree if you’re divorced.
  • You’ll need a legalized death certificate if you’re a widow.
  • If you’re a resident of Brazil, some registry offices may require a National Migration Registration Card, or a Residence Permit, or other documentation.
  • Finally, you’ll also need 2 adult witnesses (not related to either of you) when you register your intent to get married at the public notary.

Aside from gathering, certifying, and translating your documents for Brazilian authorities, there is another important decision you will have to make when registering your wedding, as we mentioned above.

You need to choose what in Brazil is called a matrimonial or marriage regime, which are classified as follows:

  • Universal Community Property (Comunhao Universal de Bens): all property acquired before and during the marriage belongs to the couple and will be divided between them in the event of a divorce.
  • Partial Community Property (Comunh­ao Parcial de Bens): only property acquired during the marriage will be divided between the couple in the event of a divorce.
  • Separation of Property (Separacao de Bens): Each spouse remains the sole owner of any property acquired in their name and there is no division of property in the event of a divorce.

To choose a regime, you will have to draw up a pre-nuptial agreement in a public notary office and take the agreement with you when you register the marriage at the registry office. If you don’t, the authorities will automatically choose the partial community property regime for you. It’s also a good idea to have an interpreter at this stage, unless you are fluent in Portuguese.

You will also have to publish a notice of your wedding in Brazil (Proclamas). Then you have a 30-day waiting period (for any claims against the marriage) and then 90 days to have the wedding. So, if you’re on a 90-day tourist visa, you may have to renew your visa depending on the wedding date.

Sponsoring your Spouse to Canada

The spousal sponsorship process in Canada is now done online, not on paper, unless you qualify for special treatment, including disabilities, that prevent you from applying online. So, you will have to register with and use IRCC’s Online Portal for permanent residence applications (of which spousal sponsorship is one of the main types along with economic applications through Express Entry).

There are several key takeaways to the spousal sponsorship process in Canada:

  • You have to apply to IRCC to qualify as a sponsor. That means giving information on your job, income, and savings (as well as other information) to ensure that you can successfully support your spouse and any accompanying dependents when they come to live in Canada. If you are deemed ineligible to be a sponsor, the application is often cancelled, although you can appeal.
  • Your spouse has to apply for permanent residence in Canada, which means they have to satisfy all the eligibility requirements that IRCC has in place for permanent residents.
    • The forms your spouse fills out are region-specific or even country-specific. In this case, they will have to download and fill out and submit those forms appropriate to a permanent resident application from the Brazil.
  • You have to decide whether you want to do:
    • an overseas sponsorship where your spouse remains in Brazil until your application is successful and they have their PR visa, or
    • an inland sponsorship where they get a visitor visa to visit Canada and you apply from inside Canada. You can also apply in Canada if your spouse is on a work or study permit.
    • A Brazilian national can apply for an eTA rather than a Temporary Resident Visa (Visitor Visa) if:
      • They have been issued a Visitor Visa in the 10 years previous to applying for an eTA, or …
      • They have a valid non-immigrant US Visa on the day they apply for an eTA to Canada.
      • So, you might consider having your Brazilian spouse visit Canada on a visitor visa and then apply for an eTA for the wedding in Canada.
    • As a sponsor, you should know what your “undertaking” (a contractual obligation to support your spouse) involves and for how long you will be responsible for your sponsored spouse and any dependents.

I have this problem …

In a multitrack process like marriage abroad combined with spousal sponsorship there will almost always be problems with documentation and status, among other things. Here are some typical issues that can slow down your application or even result in a rejection:

  • Not enough evidence of a relationship: one of the key alarm signals for IRCC officials is the suspicion that a spousal sponsorship is for immigration purposes only. Not only that, but either party to the marriage may be suspected of using the sponsorship for the wrong reasons. So, it’s essential you convince IRCC your relationship is genuine.
  • Sponsor’s eligibility: you may feel you will be a responsible and caring sponsor, but there are financial metrics you have to meet. It depends in large part on whether your spouse has dependent children.
  • Misrepresentation: it is never a good idea to bend the facts in any application whatsoever when dealing with IRCC. You might get away with it but it is much more likely that a misrepresentation will land you in trouble with IRCC. Cleaning up a misrepresentation is not easy and may sometimes require a waiting period of years.
  • Criminality: this is perhaps the toughest one. It will depend on whether a misdemeanor or a felony is involved and means a complex process of appeals to various agencies or departments of the Canadian government.

The key is to prepare as much as possible when putting together your application – and when planning and doing your wedding in Brazil as well. And that means understanding the process in Brazil, as well. Be focused, patient, and prepared and make sure your documentation is in order and your sponsorship will be that much smoother.