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Australian spouse of abusive Brazilian partner

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lostinbrazil

I wanted to see if anybody knows what will happen to my residence status as the foreign partner of a Brazilian national under a VITEM XII visa issued earlier this year, if I was to leave him due to domestic abuse and my own safety. Will I be forced to return to Australia or is there some clause or allowance for this kind of unpleasant development in a marriage which could let me remain in Brazil? I haven't been here all that long but outside my domestic home life, I've built a good life for myself and made many great friends who I don't want to leave yet. The internet doesn't seem to have many search results for this eventuation but it must come up from time to time, I would have thought.

(Please, nobody worry or call the police, I am fine, I don't need helpline numbers or shelter addresses, I am well supported and will be if I can extricate myself so tudo tranquilo - I just want to know the answer to the above question about what will happen to me and my residence?

Thank you.

Michel Duce

vitem 12???

https://www.gov.br/mre/pt-br/consulado- … -vitem-xii


anyway, if it is a permanent visa type due to spousing a brazilian person, i think you would have a problem only at renewal time... or if your spouse denounce you.... you should consult a lawyer...


i would say that i have seen many situations of abusing in brazil, it is a dangerous situation... i have seen many women having to move to another state to escape from their former partner...


in any case, all the best to you! i hope someone will have more information for you!

sprealestatebroker

There is a thing called Restraining Order here.  If you are feel being abused, specially if you are a woman, you should report to the local police and get a judge to issue you a restraining order.


That on the books, it would help you with your residency case.


But, if I was an Aussie, why in the world I would care on Brazilian Residence in the first place. ?

Michel Duce

@sprealestatebroker

now, that is a stupid statement if I ever saw one...

if you go this way, why anyone would come to Brazil, or leave his own country?


bah................


maybe you should go back to your country? rsrsrs

Michel Duce

I may have another input though...

I have seen several exemple of women falling in passion over a Brazilian man, exotic, musical, tropical etc... then, accepting abuse from this man they would  never accept in their country!!!

that is why I applaud lostinbrazil to immediately understand the situation and wanting to get out of it...

again,  be brave, and all the best!

abthree

11/19/22 @lostinbrazil.  I'm sorry to hear of your troubles.  If you leave your spouse, in the worst case he can attempt to denounce you to the Federal Police for obtaining your residency under false pretenses.  This would not necessarily result in your expulsion, but in an investigation, during which your could present your evidence in defense.  If your friends have witnessed the abuse and will testify to it, this can be powerful evidence in your favor.  If they haven't witnessed it but you have been telling them about it all along, that can help you, as well. It would be a good idea to review your situation with an attorney; depending on the facts, s/he may be able to prevent your spouse from causing you legal difficulties at all.


You certainly have recourse under Brazilian law, as sprealestatebroker has suggested.  This would result in an investigation by the local police; you would start by going to the Delegacia da Mulher of your local Civil Police to make your complaint.  Your lawyer can provide you the best guidance as to whether or not to take this step.  Best of luck to you.

sprealestatebroker

@sprealestatebroker


I meant to have issued a restraining order against the abuser. 


and again, I would take Australia over Brazil anytime.  Twenty five years without knowing what a recession looks like is a record not many places can claim. 

Michel Duce

fantastic! I don t know why people keep coming to Brazil... thx, i will buy a air ticket to australia!! :-) ironie...

by the way, where are you living? are you in Brazil?

cheers!

ltoby955

It's hard to figure out why some people and that being the minority criticise Brazil. Every country including Australia has its problems we have a Brazilian friend who is in a similar situation in OZ

abthree

11/21/22 It's hard to figure out why some people and that being the minority criticise Brazil. Every country including Australia has its problems we have a Brazilian friend who is in a similar situation in OZ
-@ltoby955


What you're noting is a well-known but seldom commented-on aspect of Brazilian culture -- except privately between Brazilians themselves.  It's usually called "mentalidade de viralata", "mongrel mentality".  It's the feeling held by many Brazilians, including many who have never even been abroad, that everything Brazilian is somehow inferior by international standards, and will probably never catch up.  Paradoxically, it's not inconsistent with a high degree of national pride.  It's something that successful expats seldom share.


In the United States, when immigrants tell their American friends that they've become citizens, the usual response is "Congratulations!"  When I tell Brazilian friends that I've become a Brazilian citizen, the usual response is "Why?"  The difference between the two speaks volumes, at least to me.

ltoby955

It's very similar in Portugal everyone is delighted to get there and once there they knock it and want to try and make it like the country they decided to leave, Abthree this also baffles me, however, more settle here for family reasons.

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