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ORDINANCE No. 19 - GUIDELINES FOR RESIDENCE AUTHORIZATION FOR IMMIGRANTS FROM BORDER COUNTRIES

The Ministers of State for Justice and Public Security and Foreign Affairs published the Ordinance No. 19, of March 23th, 2021, which provides for the residence permit for immigrants who are in Brazilian territory and are nationals of a border country, where the Residence Agreement for Nationals of MERCOSUR State Parties and Associated Countries is not in force. It is considered a border resident, a national of a neighboring country or stateless person who maintains his habitual residence in a border municipality of a neighboring country. Among the measures established by this Ordinance, the following stand out:

  • The immigrant may apply for a residence permit before one of the units of the Federal Police, regardless of the migratory situation in which he/she has entered Brazil;

  • The residence permit may be requested by the immigrant, legal representative or attorney. However, the registration at the Federal Police requires the presence of the immigrant to collect biographical and biometric data;

  • The Federal Police requires the presentation of the immigrant's identity card or passport, even if the date of its validity has expired;

  • The application for a Residence Permit in favor of immigrants under the age of 18 who are unaccompanied or separated from their legal guardian must comply with the terms of Article 12 of Joint Resolution No. 01, of August 9, 2017;

  • If the immigrant has entered the national territory with less than 9 years of age completed, in a situation of vulnerability and is unable to present his identity card or passport, he may present the original birth certificate, since one of his/her parents, identified on the certificate, is present and that the latter declares, under the penalties of the law, that the child whose residence permit is intended is the holder of the presented document;

  • The application for this residence permit will imply the waiver of the application and recognition of refugee condition;

  • During the instruction of the process, diligencies may be realized to ensure the veracity of the information presented during the application for a residence permit; and

  • If verified, at any time, the omission of relevant information or false declaration in the procedure of this Ordinance, it will be initiated the administrative process for the cancellation of the residence permit, without prejudice to other applicable legal of civil and penal liability measures.

The Interministerial Ordinance MJ / MESP / MRE / MT n° 9 of March 14th 2018, is hereby revoked. EMDOC team are available to meet the demands and clarify any doubts about this new Ordinance.

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