VISA Stay

I'm in a pickle.... my dad moved here roughly 7 years ago and had health problems. I came here to help him around his house roughly a year and a half ago. Now he's doing okay and I'm still here.... on an expired tourist visa. Funny thing happened, I loved the culture, made a lot of good friends, and I met a girl and we are now engaged, but can't seem to figure out what we need to do to actually get my situation resolved in order to get married. From what I've heard, I need to leave, come back, and pay a fine to get my status legal again. Then start on the marriage documents. Is that correct? I can just sneak through to Argentina or Uruguay then return through a customs post? I really want/need to get this settled.

Obrigado,

Brant

Hi Brant,

Check your mailbox, I have sent you a private message.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Hello all,
I am George from Sierra Leone, I applied for a Brazilian tourist visa some months ago and the application was succesful but I was only given a 30 days visa with the type of visa titled UNICA. I travelled to Brazil with tourist visa and overstayed 2 weeks due to the delay in meeting the manufacturers whom I visited , after completion of my projects I visited policia federa and was told that I had to pay a penalty MUTA for overstaying and was given 8 days to leave the country to avoid deportation but during the process I was asked to finger print and thumb print on their scanning and xray gadjets after which I was given a penalty of 6 Reias which I paid into BANCO Brasil and returned the deposit slip to the policia federa and they affixed a stamp on one of the blank pages of my passport indicating that I have paid MUTA.
I then departed the country withing three days of the given 8 days notice so as to avoid deportation.
My question goes this way, will I be granted another visa at the Brazilian embassy in my country without prejudice or do I have to wait for six months before going for a fresh visa application because it is just 6 weeks ago that I left Brazil and I need to travel back to continue the projects I have with some factories.
  Your kind and meaningful advise will be highly appreciated.
Thanks alot.

Hi George,

I have sent a reply to your PM, sorry that I can't give you a more definite answer than that.

If any of the other members of our forum have information that would be relevant to George's situation please post a reply here.

Just make the visa application and hope for the best is all I can say George.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Hello everyone,

I´m an American living in Belo Horizonte, Brazil. I´m currently going through the very lengthy process of getting married but I´m very concerned that my tourist visa will expire before I get everything filed. Is there anything I can do to get an extension before I become illegal?

I´d greatly appreciate any advice anyone could give.

Thanks!

Hi Lost American,

Your tourist visa is valid for an initial stay of 90 days. If you have not been in Brazil any other time in the previous year then you can apply for an extension of a further 90 days. Ideally this should be done at least 3 weeks before your visa stamp expires and it is best to take someone who speaks Portuguese with you. You will apply for the Polícia Federal, Setor de Estrangeiros. It is really the most non-bureacratic thing that you can do here in Brazil really simple. There is a slight fee as I recall. What you need to ask for is a "prorrogação de estado".

If you have already visited Brazil during the previous 356 days they will subtract the number of days (incl. day of arrival and day of departure) from the 90 day allowable extension to determine how many days you can extend your visa.

Once you get married and apply for the permanent visa you are allowed to remain in Brazil until the application process is completed.

Cheers,
William James Woodward - Brazil Animator, Expat-blog.

Hi William,

Thanks for replying so quickly. I´ve already been here for about 85 days so I´m going to renew my visa in a couple days from now. That´s not the problem. My problem is that I´m trying to get married within the next three months and I´m worried that I won´t have enough time to get everything taken care of before my visa expires. For instance I have to have some documents sent to the Brazilian consulate in the US and have them sent back here. Then I have to get them translated and then sent into the cartorio to be processed. And from what I understand the process at the cartorio can take 1-2 months time. So my concern is that my visa will expire before I get through all the red tape. So my question is if I get all the necessary documents into the cartorio before my visa expires will it matter if it expires while I´m waiting for it to be processed? Will I still be able to get married and be legal in Brazil if I was legal when I filed for marriage? Thanks for your help, I greatly appreciate it.

Actually the processing in the cartório doesn't take that long. There is about a 30 day wait while the banns are published in the DOU (Diário Oficial de União). The documents as far as I know can also be 'legalized' by the US Embassy or Consulate here in Brazil as opposed to the Brazilian Consulate in the US. At least mine were and they were accepted here. I got through all the paperwork and got married in under three months. Check with the cartório about the legalization in the US Embassy, the rules seem to differ from state to state and sometimes even between cartórios. That's why we got married in São Paulo there was less hassle. I had been living in BH and it was too bureucratic there and when we moved to Bahia it wasn't much different so we did everything in São Paulo through a lawyer.

The birth certificate needs to be the 'long form' that's the one that shows the name of both parents as well as details of the birth.

Note that all documents must have been issued within the 6 month period prior to the wedding or they aren't considered valid.

The translation must be done here by a tradutor juramentado and they are quite expensive. You can probably get the translation done in a week or maybe even less if you pay extra.

You're going to be cutting it close, but if you get moving you may well be able to get it done in the time remaining. Another option you might also want to consider if you have to go back to the USA is a proxy wedding (casamento por procuração) in the cartório here. You submit all the paperwork plus another document, the procuração (power of attorney) and the ceremony is held in the cartório your bride and a proxy in your place exchange vows and the proxy is legally authorized to sign all the documents at the cartório on your behalf. Once the marriage certificate is issued then you can apply for a permanent visa in the USA with the original certificate. I've heard that a request for a permanent visa com base em conjuge brasileiro(a) is quite often handled more quickly than other applications too. So you won't have to wait a year to come back that way.

Go to the cartório with your fiancee and ask about the proxy process, they will give you the information and the proxy form. Sure beats the alternative of waiting until a year from now to get hitched. See link for more information about proxy weddings:

http://www.casadinhos.com.br/civil.html

If you decide to not extend your visa and go the proxy wedding route then you will have to go to the cartório here and do the procuração before you leave. It has a validity of 90 days, but I believe that only refers to the date it is actually given to the cartório, once they accept it I don't think it matters what the date of the ceremony actually is. Check with them to be sure.

The other option of course is to go back home now without extending your current visa stay, get all the paperwork ready and legalized then come back with a fresh 90 days and get hitched as soon as you arrive. That works too, just costs a bit more. Good luck.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

[Moderated: no copy/paste pls]

Hi Im a filipina who got married to a brazilian last Oct.26, 2012.  I just have concerns on how to obtain a permanent visa here in Brazil.  I have been here since Aug.12,2012 and i understand that a tourist is only allowed to stay for 90 days,and my 90 days will expire on Nov.12,2012. My husband and I kept on calling the Police Federal but unfortunately we were not able to contact them.  We live in Guaratingueta now and it takes 2 hours to travel to Sao Paulo so we just want to make sure about the requirements to be submitted.Is it ok if I process my permanent visa on the 13th of this month(day after my tourist stay expires) because that´s the only time that my husband will be available.Or will I get fine if i process it on that day?Hoping for a positive response from you.  Thank you.

Hi Purpleheart,

Nothing that the Federal Police do surprises me anymore, but don't worry too much the fine for overstaying a tourist visa is about R$8 per day. If you are legally married and have the certificate (original) then you should not be subject to a fine at all. You are permitted to stay in the country. Just go and apply for your permanent visa on the day you have scheduled.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear Purpleheart_76,

I'm in the same situation as you are, but I still haven't finalized my marriage to my Brazilian boyfriend. However, I hired a Brazilian lawyer and she gave me this list of what to do (when I got married and I'm in Brazil):

A. Call the Federal Police department of your city to set a date. It could take a while, usually between 2 - 4 weeks. You need to go with your husband, you can't go alone. You need to bring the following:

B. Tasks of you spouse:
1. Uma copia da cedula de identidade autenticada do seu/sua esposo/esposa. (Authenticated copy of identity card of your spouse.)

2. Termo de responsabilidade em favor de (seu nome) passado ou autenticado em cartorio Brasileiro. (Statement of responsibility in favor of (your name) passed or authenticated by a Brazilian notary.) Here's an example of this statement: www.brazilianembassy.nl/downloadables/t … _manut.doc
This must also be done by your spouse.

3. Uma foto de passaporte recente de seu/sua esposo/esposa. (A recent pasport picture of your spouse.)

C. Your tasks:
1. Uma copia recente e autenticada do certidao de casamento. (A recent and authenticated copy of your marriage certificate.)

2. Uma copia do seu passaporte inteiro, incluindo as paginas vazias e depois legalizar as folhas por um cartorio. (A copy of your entire passport, including the blank pages and then legalize the sheets by a notary.)

3. Certidao original negativa de antecedentes criminais (modelo internacional). (An international model of your certificate of good conduct/criminal background.)

4. Duas fotos de passaporte ou para documentos recentes do/da requerente. (Two recent passport pictures or pictures used for documents of the applicant.)

5. Declaracao que o casal casado nunca foi separado / divorciado. (Declaration that the married couple never separated / divorced.) This I will explain you in a moment!!

6. Declaracao que nunca foi criminalmente condenado no Brasil ou no pais de origem. (Declaration that you never have been criminally convicted in Brazil or in your country of origin.) This will also be explained!

7. Comprovante de pagamento num dos correios do GRU. (Proof of payment of the administration costs. The federal police will tell you how much and where you need to pay this.)

8. Do this at the very end, because it has a limited validity!! Fill in the visa application form and print it here: scedv.serpro.gov.br
Please disregard the error message about the website’s security certificate. Click at “Continue to this website (not recommended)”.

Please note that:
Passports presented must be original, valid for at least 6 (six) months prior to expiration date. The passport must have at least 2 (two) blank visa pages.

Now about point C5 and C6:
For both you need to go to a notary (cartorio) and write this in your own handwriting in front of the authorized person:

C5 - needs to be written by you or your spouse and signed by both (THIS IS AN EXAMPLE!):
"Eu, (seu nome completo) e (o nome do seu/sua esposo/esposa) declaramos por meio deste que permanecemos casados desde a data da celebracao do casamento realizado no dia (data do casamento). Declaramos tambem que durante este periode nunca houve separacao de fato ou de direito com tambem nao ocorreu divorcio nem no/na (pais de origem) nem no Brasil.

Conforme acime declaramos, assim assinamos como verdadeiros.

(Cidade, data)

(Assinatura do/a esposo/esposa)

(Assinatura do/a esposo/esposa)"

C6 - needs to be written and signed by only you (THIS IS AN EXAMPLE!):
"Eu, (seu nome completo) declaro que nunca fui processado/processada ou condenado/condenada no Brasil ou Exterior. Nestes termos declaro como verdadeiro a declaracao acima, assino

(Cidade, data)

(Assinatura)






Please check this with the federal police!! I got this from my lawyer and hope to have helped you.

Katie

Tnx so much Katie and Mr.Woodward...this a big help to me...we will go to the nearest federal police as soon as possible...there is none here in Guaratingueta so we might go either in Cruzeiro or in Sao Paulo City.Tnx so much again...

Hi Katie,how and where can i get this requirement?Certidao original negativa de antecedentes criminais (modelo internacional). (An international model of your certificate of good conduct/criminal background)...Thanks!

Hi purpleheart_76,

I would advise you to first contact the consulate of your country in Brazil.

I'm not 100% sure, but usually you can only get it from the city or town you lived in. I found the following for your situation (this is from the Dutch government website):

"Can someone else apply for a certificate of good conduct on my behalf?
Another person may submit the application on your behalf if you authorise them to do so. The authorised person then applies to the Population Affairs Department of the municipality where you are registered or – if you live abroad – to the municipality where you were registered prior to your departure."

My own experience: I was in Brazil and I needed a copy of my birth certificate. My mother went without an official authorization to the department where they give birth certificates, identified herself and she got my birth certificate without any problems and eventually she sent it with DHL.

Please call the consulate of your country in Brazil and confirm with them what to do. Also do not forget to ask only about how to get the certificate of good conduct, but also what types of legalization it needs (sometimes you also need to get your certificates legalized by he Ministry of Foreign Affairs of your country of origin and at the Consulate of Brazil in your country of origin). It depends on the bureaucracy of your country!

I'm not sure if the Federal Police in Sao Paulo also asks for an authenticated copy of your birth certificate. Maybe it's good to ask that as well, because you will probably also need to get that from the city you are or were registered prior to your department.

And always try to get international models!!

Prepare yourself for a whole lot of paperwork... Expensive paperwork! After getting all your documents, you also will need to translate them to Portuguese by a sworn translator. The normal price per page is 100 BRL.

Good luck! I'm rooting for you

Minha nossa!!!I didn´t know that this would be so much work to do...hehehehe...anyways,thanks so much for the info Katie!God bless!

You should be able to download an application for a Criminal Record Check (Atestado de Antecedentes Criminais) from your country's government or police website. If you are not able to obtain one then you simply go to the Federal Police and ask them to fingerprint you on their standard fingerprint identification form, you will need individual prints of all ten fingers rolled and a set of all five fingers of each hand as well. The officer who takes the prints will stamp the form and sign it. You simply send a letter written and signed by you with the fingerprints to the police in your home country. This should be enough to get the check done in any country in the world. That's exactly how I obtained the document from the Royal Canadian Mounted Police. You will normally wait quite a while for this document to be processed and returned, it takes time in most countries. Generally most police forces worldwide require the application be made by you, many will accept an application made on your behalf by a practicing lawyer too. The advantage of using a lawyer is that he/she will also be authorized to receive the document and can arrange for it to be legalized more quickly. Once you get it back you will have to send it to the Brazilian Consulate in your home country to be legalized, check with them regarding the fee for the service and return postage. Once you or the lawyer then get it back you can turn it over to the Federal Police. Depending on how long you have been in Brazil when you apply for a permanent visa you may also be required to provide a separate Atestado de Antecdedentes from the police in Brazi as well.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team.

Hi William,

I have Business Visa (Type II) validity of 60 days. Right now, I am in Brazil and want to extend my stay for another 60 days. I don't have any earlier visit to Brazil. Will consulate extend my visa for 60 days or just for 30 days? I heard that it only allow 90 days continues stay without leaving country. Plz repy urgently, accordingly I will take out my return ticket.

Thanks,
mak

Hi Mak2012,

I'm sorry but I don't know anything about business visas, renewing or extending them. You can find out your answer by phoning or visiting the headquarters of the Federal Police nearest you. You would have to go there anyway for the extension so I'd take all the things you need and get it done then just to kill two birds with one stone.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Thanks so much Mr.Woodward.Actually I have my National Bureau of Investigation Clearance with my thumbmark which I got last August when I was still in the Philippines.  This is a certificate which proves that I have no criminal record whatsoever in my country. The reason I decided to get this is for the purpose of going abroad.  I am not sure if they would consider this clearance.I guess I just have to show this clearance when we go to the Police Federal.

Hi purpleheart,

I'm not sure how the NBI Clearance works, is it a card issued by the Phillipines government?

As I understand it there is a specific form which one must provide a complete set of prints (both hands) and the formal declaration of the responsible law enforcement agency in their country of their origin that shows their criminal history completely or states that there have been no convictions. This must have been issued within the six months previous to submission to the Brazilian Consulate in that country who then will legalize the document for use in Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hello William James Woodward and other expat-blog members, thanks for your contributions towards my Brazilian visa application process's.I was able to call the Brazilian embassy and they said I am legible to apply for a new visa with possibility of extension after the expiration of the 30 days which will be given to me but I will have to give them a convincing reason why I over stayed during my previous visit to Brazil.
I will update you guys when I get the visa obtained.
Muito obrigado.

Good for you George2k..... keep us posted. Remember we're all here to help you. Expats stick together here in Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hello Harinder,

Sorry, no it is not possible to stay in Brazil longer than 180 days on a tourist visa. If you overstay the visa you will pay a fine and also risk being deported. There is a legal process before you can be deported if you won't leave voluntarily, however if you are deported you may be prohibited from coming back to Brazil in the future. It's not worth taking the risk.

If you were able to arrange for a work contract here then you could apply to have your visa transformed into a temporary work visa or if you get married to a Brazilian you can apply for a permanent visa. Other than that you would have to return to India and wait a year to be able to come back for another maximum stay of 180 days.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Harinder,

Follow the link below for two different types of employment contracts. The first one would be used if our friend actually has a registered company with a CNPJ. The second one if he is just a private citizen offering employment.

http://contratodetrabalho.com/

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

good mornig my dear i am very thankfull for William James Woodward with your experience and attitude for people. i am very impress with your service and help people about visa thank you again by heart god bless you alway

That means July is the best month to visit Brazil on tourist visa? Extend the first 3 months, get out Brazil (boarder crossing) and come back in First week of January the following year.Does the police will check the return ticket every time one renew her visa? THan.k you..have a good day

Hi honeyclotte,

No, sorry it doesn't work that way. Visa stays are not calculated on the calendar year, but rather on a rolling year basis. That is to say they count back 365 days from the day you enter Brazil and subtract any days that you've already been in the country from 180 which is the maximum number of days you can be in Brazil at any time. If you've not been in Brazil during that previous year you are given an initial stay of 90 days. This can be extended for a further 90 days by the Federal Police. This process repeats when you go back for the extension to determine the maximum number of days you can extend the visa. The practical rule is that 'at no time during your stay in Brazil are you permitted to be here more than 180 days'.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi William, I have an issue here and hoping you can help me out. I am a Canadian with a valid 5 year brasilan tourist visa. My first date of entry in brasil was in March 2, 2011 I have been travelling to and from brasil since then. However I was told every year starting from March 2 - March 2 my count goes back to zero. So since March 2 2012 to Novembe 16 2012 i have accumulated 147 days in brasil. On my last visit I asked for an extention for only a few weeks as I was returning to Canada on Nov 16. The Federal Police stamped my passport with an extention until Nov 16. However, I would like to return back to brasil in the end of January, is it still possible for me to go back? or do i have to wait till March 2? The reason for this urgency is because my fiance is in brasil and we plan on getting married. Is there anything I can do so that i can get my 33 days to complete at 180 in a year?

Your answer is greatly appreciated.

Jessica

Hi Jessica,

You got incorrect information from whoever it was that gave it to you. Even the Federal Police don't understand the system.

For us Canadians or citizens of any other nation that still requires a 'physical' visa for Brazil dates are calculated on a 'rolling year' system not on the calendar year and date of first entry.

You will see the description of how the 'rolling year' system works both in this topic's postings and in the following one as well.  Tourist Visa Stays - 180 days per year

https://www.expat.com/forum/viewtopic.php?id=197518

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

The information i got was from the consulate of brasil in Toronto, Ontario.

Based on the above information i gave you, do you believe I can still enter brasil with no trouble? even having this stamp on my visa?

Hi honeyharinder,

Quatar Airways may or may not extend your ticket, that is entirely up to them. It will certainly cost extra if you are able to get the flight changed. You will also need to be a bit flexible with the exact date of your return since the airline may not have a flight on that date. You may need to return a few days earlier, but you can't stay later.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi Jessica,

The information you got from the Consulate is the way they think the calculation works here. The fact is that the Federal Police do it in a completely different way because of a new "norm" (operating procedure) which they have established. The law has not changed.

The way they count visa stays is as follows.

On the day you arrive their computer looks back exactly 365 days and begins to count the number of any days you've previously been in Brazil during that period. Those are subtracted from 180 days (max. allowable) to give the number of days you are permitted to be in the country. If that result is GREATER than 90 then you are allowed the usual 90 day initial visa stay. If it is LESS than 90 that will be the number of days your visa will be issued for.

If you go back to extend your visa the process is repeated on that date to then calculate the number of days your visit may be extended.

The "rule of thumb" they go by is this.

At NO TIME during your stay are you permitted to have been in the country more than 180 days in any 'rolling' one year block (counting back from that date).

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Thank You William for your help

According to this rolling year system I have about 33 days. So if I leave to brasil on February 1, I can only stay for 33 days, which will then equal 180. If I stay longer and leave the first week of May, do I just pay a fine? I will be getting married in March, then come to Canada in May to do my permanent visa paper work.

I also read on your previous post that the consequence of overstaying your 180 day is that they stamp your passport and you may have trouble entering again. Will that affect me getting a permanet visa? Will I encounter that if I have a permanet visa the next time I enter.

Hi Jessica,

Other than the fine and passport stamp indicating the overstay I doubt they would have any effect on the VIPER visa application in any way whatsoever. They would logically be more concerned about it if you were entering again on a tourist visa. Another consideration too is that all other countries will see that information if you are applying for one of their visas, it might be a bit of a complicating factor.

At any rate, I would highly recommend NOT overstaying one's visa for any reason other than hospitalization or physical incapacity.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Thanks William

I was reading some of your other posts, and my question is for me as a Canadian does my 180 days have to be consecutively from the date I first entered brasil? or can it be just any number of days within a year?

No, with a multiple entry visa it doesn't matter how you use the 180 days, or how many times you come and go (except for the obvious reason they might get suspicious you're running drugs) during that rolling year.

Just don't forget that the day of each departure and day of each entry are counted as full days even if they are actually a matter of a few minutes. (i.e. If you arrive on a flight and check through customs and immigrations at 23h50 on Dec. 31, 2012 that will be counted as your date of entry and a full day,they wouldn't stamp your passport Jan. 1, 2013. Same thing happens if you leave at 00h12 they wouldn't knock off the twelve minutes, the whole day is counted)

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

My question is from Mr. WJ WoodWard.
I am a Pakistani National and living in Pakistan and from last 2 year i keep in touch with my Brazilian Girl friend. now we decided to marry. i am Pakistani and as you know it is not easy to get Brazilian visit visa from Pakistani it might be refused. now i want to know that if she come in Pakistan from Brazil and we get marry here in Pakistan and registered our marriage after that she go back to Brazil than how can i get permanent residence of Brazil. is it possible. and what can we do more except this solution.

sheikh_assad,

I have responded to your questions in your private mailbox

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team