VISA Stay

Hello honeyharinder,

I'm sorry, I can't tell you what the Federal Police will or won't do, nobody can.

All you can do is go back and apply for the visa extension, if you get it you should contact the airline immediately to arrange a new return flight date. You will almost certainly have to pay extra for this.

Sorry, having no connection at all with either the Federal Police or any airline I can do nothing for you other than give advice.

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

hello good mornign wjwoodward sir g

thank you sir g . i change my ticket today by qatar airline i pay for its 150 brl reais

hello mr. wjwoodward
i am from india now i am in brazil i extend my visa one time 90 day and my visa will finish in 12 feb. and i want here marriage but my all document is coming in 20 jan. so i want one month more live here for marriage so plz tell to me how can i live here after 12 feb more one month.
thank you

good morning wjwoodward sir . i will very much thankful too wjwoodward by heart because its man much help people regarding visa . god bless you and your family

all the best

Dear William

Im currently fixing everything to get married to a brazilian women, im from holland and here on a tourist visa at the moment. The rules have recently changed, we can no longer extend our visa (wich i could last year)

But getting married is taking a long time, and after a little more then 1 month, my visa will expire, since i dont wanna leave the country because i have to pay the rent of my appartment, i was wondering if i could stay in brasil because im planning to get married?

Or can i get some kind of visa extension based on the fact that im waiting for my permanent visa?

Regards,
René

Hi René,

Unfortunately since the Schengren Area agreement went into effect the Federal Police will not extend a visa stay. It is three months in Brazil, three months outside of Brazil, and so on.

I do not think that they will extend your visa based on the fact that you are going to marry a Brazilian, but if you have most of the paperwork for the marriage in order and have set a date at the Cartório for the wedding it certainly wouldn't hurt to take it all to the Federal Police and ask. The worst they can do is say no. There is another option you may wish to explore with the Cartório while you are here. You and your fiancee together go there and ask about a proxy wedding (Casamento por Procuração) that will authorize someone to stand in legally for you and have the wedding take place. You will of course have to leave Brazil if the Federal Police won't give you an extension, but once you've got the marriage certificate you can apply for a permanent visa.

The only way you can apply for the permanent visa is actually after the marriage has taken place, so to answer that question NO you wouldn't be able to stay because you can't apply for the permanent visa before the wedding.

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

But if the wedding took place, and i apply for the permanent visa, i can wait for that visa in brasil? because in that case i just need to make sure be married befor my visa expired

Only if the wedding takes place before your visa expires, in which case you immediately apply for your permanent visa. Once the application is accepted then yes, you can remain in Brazil and even work here until the process is completed.

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

William, I've been looking into this now for my situation. Ive heard its a much faster process than the actual mariiage. This could help Renek too. http://portal.mte.gov.br/data/files/FF8 … 129_77.pdf

Hi William,

    I am an American and am currently in Brazil with my husband who has been waiting for his permanent visa for America. I came here on a tourist visa last year April 30 th. I used up my total 180 days last year and was told I couldn't return for awhile the next year. I am assuming this was what you were talking about in prior comments such as waiting 6 months before being able to enter Brazil. Because of this I applied for a permanent visa through marriage because I wanted to wait in Brazil with my husband until he could go back to the USA with me. Of course if he got approved (at that time we didnt know if he would be)
   My husband has now obtained permanent residency for America and we want to go back although we are currently in the application process for my permanent visa in Brazil. We are due to have someone interview us at our home in Brazil and then my name will go in the paper etc. although the federal police doesn't have an estimated time for us when any of this will occur. They said I could go back to America and visit my family in the meantime and come back... Although Me and my husband want to go back for good. I am scared firstly if I leave and don't come back to Brazil ( which I plan to do a few times yearly with my husband to visit his family) I won't be able to because I interrupted my visa application, and then i might never be able to come back.

I am wondering if I can change my visa back to a tourist visa like before seeing that it is all I really need at this point now that my husband has permanent residence in the U.S. Or if that is now impossible now that I have chosen permanent residency in Brazil?  Thank you

Hi Cheshy27,

You are allowed to travel outside of Braail during the application process for your permanent visa, but your absence from the country may not exceed 90 days. Otherwise your application is voided and you must start all over from the beginning.

Once you receive your permanent resident status you may not be out of the country for more than two years (except under exceptional circumstances, like being hospitalized for example) or you lose your permanent status as well.

As far as interrupting your permanency process, I have no idea whatsoever how that would affect your Tourist Visa. I presume that it would still be valid, I don't believe it actually gets cancelled until your permanent visa is issued. This is something you will have to check with the Federal Police. Too complicated for a layman like me to answer.

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

Thank you for your help William!!

Hello William.

I have a question.. i hoop you can help me.

I arrive to Brazil 26.04.2012 on the airport i got 65 day and after that i went to the PF and I got 90 days.. after that i stay in Brazil a few days without visa and when I was leaving i have to pay for it ..a left Brazil 7.10.2012...

I want come back now .. I want ask if this is possible ..
If i can stay now again 180 days .. because is new year already or i have just left 25 days .. ?

Pleas let me know..
Cheers

Hi beatakolak,

If you are travelling on a Polish passport, or that of any of the other Schengen Area countries the way that it works is that you are allowed three months in any six month period. The calculation of your stay is based on the date of your VERY FIRST arrival in Brazil. From that point on it is essentially three months in Brazil, three months outside Brazil, three months in Brazil and three months outside.

Regarding the visa overstay and fine, if you did not pay the fine at the time you left Brazil you must do so immediately upon your arrival or you will not be allowed entry.

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

Hello William

Thank you so much for the answer.

I have Polish passport.

So I can come back to Brazil next week..? this is possible..?yes?
And i will get 90 days..?

When I was leaving Brazil last time .. i got document that if i will come back i have to pay 90 Real...i will do this and everything will be ok...?

Pleas let me know..

Cheers

Hi beatakolak,

I'm sorry, some of the information you've given me seems to be conflicting. If you are travelling on a Polish passport you are supposed to be able to stay ONLY for three months, this cannot be extended.

I need to have more information. Do you have a VISA which was applied for before the Schengren Agreement? Or do you just have what we call an "airport visa", that's where they just stamp your passport?

This makes a great difference in the way stays are calculated.

If you have a (physical document) visa that was issued some time ago, one that you needed to apply for through the Brazilian Consulado-Geral please let me know, since the rules are very different.

Since the different rules cause a great deal of confusion, even with the Federal Police, I would recommend that you contact the Consulate, give them the dates of your previous stays in Brazil, issue date of any visa and ask them to verify that you can come back to Brazil now or not.

I am not connected in any way with the Brazilian government and not a specialist in immigrations processes. What I do is just relate information that I have gained through either personal experience or that I have been given by other members. I would hate to give you incorrect information and have you purchase a ticket, come here to Brazil based on incorrect information. Check through official channels to get the most accurate information in your case.

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

Hello William

Thank you for the fast answer.
I'm sorry maybe i explain you my situation wrong.

When i arrive  to Brazil first time (last year)i got on the airport  "airport visa", they just stamp my passport it was 65 days(max i could have 90 days) ... after I extended (the stamp 65 days) in FP i got there 90 days ...i left in November...LAST YEAR .(total i was in Brazil 155 days and i could stay max 180 days)


I read your answers for other person  and you have written ..that this person can leave in the end of December and can come back in January ..

now is new year .. so can I come back to Brazil next week .. ?
because is new year .. or because i didn't use last time all of 180 days...

Im sorry for that many question .. but this is for me very important ...

No, it does not work on a CALENDAR year basis. It works on a "ROLLING YEAR", which means they go back one year from the day you enter and count the number of days in that period that you have already been in the country. It can not be more than 180 days at any time during your stay. So to calculate, determine the date that you plan to arrive in Brazil, go back to exactly one year before that date and start counting all the days that you were in Brazil. Make sure you count the day of arrival and the day of departure of any of those stays as whole days. Count up to the proposed entry date. If that number exceeds 180 you will not be able to enter Brazil. If it is less than 180 then subtract the number from 180. That is the number of days you will be allowed to stay in Brazil. So, for example if you came back to Brazil today 180 - 155 = 25 days you would be allowed to stay for 25 days (provided that your count of 155 days included the arrival and departure days). Each day that passes from today until your actual arrival date would be one more day that you could add to your stay.

But, this is still the wrong rule for counting since you are from a Schengen Area country and the Agreement between Brazil and Schengen Area states that you are allowed 3 months in every 6 month period, no extensions are given. It appears that they have calculated your last visit using the wrong rules and probably will continue to do so. The system is so confused here that even the Federal Police don't really know what they are doing.

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

Hi

I have been married to a Brazilian for 12 years and had decided to move to Brazil in 2014 with our son.  However I have just been charged with assault and fined (minor offence category)which will be on my record for 5 years before it is moved to spent status.

Does this mean I can no longer apply to be a resident with married partner.

Hi Audie,

It is difficult to say what the Federal Police here say about the incident. If it is registered as a 'conviction' then it will likely show up on a Criminal Record Check, which is a prerequisite for applying for a permanent visa. If the charge is a felony (i.e. one which upon conviction can result in a jail term of two years or more) then it will be a big problem. On the other hand, while it may cause some problems or make the obtaining of a visa a bit more difficult the fact that you are applying as the spouse of a Brazilian certainly will help your situation significantly.

Is the charge extremely recent? Are you planning to move to Brazil permanently and not return to the UK? If that is your intention then perhaps you should return to the originating police force or court / consult a lawyer and see if there is any chance of having the record expunged before the 5 years in order to not interfere with the immigration process. This is of course predicated on 'being of good behavior' as defined by law from now until you actually request the record be removed. I think that if you don't have any further run-ins with the law the chance of finding a sympathetic judge to issue a early pardon wouldn't be like chasing the "Impossible Dream" if the court understood your plans to emmigrate.

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

Hi William,

I have a question and hope you can help me with some clarifications. My partner is arriving in Brazil end of February and we are going to apply on court to get a judges recognition of our stable relationship. We are in a relationship since Oct/10 but as we don't have the 1-year proof documents to present to PF, the judges sentence is necessary. We don't wanna go to marry (which now is allowed for same-sex couples in SP) because of social aspects, once that might risk our jobs and change civil status, which can result in some form of discrimination, so we decided to take the hardest and longest way to avoid that. She is coming on a 90 days tourist visa and we intend to postpone the visa for up to 180 days (her country is not in Schengen and visa is required to enter BR). Upon 150 days we intend to start with the permanent visa request while the judges process is going, once I'll have some 6 months proof like life and health insurance, plus additional credit card, and hoping the MJ analysis takes another 6 months, in this case we would be together here for 1 year so far.
My questions are:
1) By the time we request the permanent visa based on IN 77 (stable uninon), can we get the protocol from PF so she can be regular here in the country while they analyze the case?
2) In the visa 90-day extension period, can she leave the country eventually and come back without problems? I ask because she may need to go back to her country to get a validation of her birth certificate or criminal record check, we are still checking if this validation requires her presence or if can be done by e.g. her mother.

Thank you so much for all the advice, best regards.

Hi drisc,

I hope that I am understanding you correctly, if not send me a private message with more details, but I take it that you are now together and you are both coming to Brazil in the end of February. So that means you've already been togehter for 4 months.

With an additional 6 months (the 180 day tourist visa stay) that would make a total of 10 months, provided that you have some documentary proof of the relationship existing in your partner's country before coming to Brazil.  Correct so far?

You will need either rental contracts showing both names, joint bank account, bills for the same address in both names, things like that. You can also use the notarized declaration of two individual witnesses to establish the union. Those statements will, of course, need to be translated into Portuguese once you're here.

You will need exactly the same documents to prove the continued relationship here in Brazil as well.

While the regulations say the union must be of one year, I don't know if they are really strict on that issue. You should speak to somebody from the Federal Police, or the Ministry of Labor (since they too issue "união estável" visas and I understand they are generally more fair in assessment and quicker at issuing the visa) if they would consider a ten month relationship as a stable union; or if they really would want a judge to rule on it. You might be pleasantly surprised. They just might let you apply without the extra red tape. It sure doesn't hurt to ask.

Once you apply for the permanent visa (here in Brazil) either through the Polícia Federal or the Ministry of Labor the protocol issued permits your partner to remain in Brazil and obtain a work permit (Carteira de Trabalho) until the process is completed, that's no problem.

Actually I don't know why you are worried about a same sex civil union. It really isn't that big of a problem and you'd be surprised how quickly it is catching on. I don't think you would face any real discrimination and certainly your employers cannot discriminate against you or treat you differently in any way as a result of any kind of change in "estado civil" that is a serious crime and they would face extremely severe penalties should they do so.

The great advantage of declaring the civil union with regard to your employment is that by law your partner is entitled to all the same benefits that the company would have to offer to an "opposite sex" spouse. So in not declaring the union you both would be losing out on what is your right. Something you should really think about.

I don't know if you have been away from Brazil for quite a while, but if you have perhaps you aren't aware of the "new reality". Brazil has some discrimination and homophobia, sure; but it's not nearly as bad as you might think. Brazil is and will probably continue to be one of the most LGBT friendly nations in the world.

Regarding your partner leaving the country during the processing of the permanent visa, absences from Brazil of up to 90 days are no problem whatsoever. If it extends beyond 90 days and is due to "força maior" something beyond control, like being hospitalized, etc. that's easily dealt with. Once the permanent visa is issued a foreigner cannot be outside of Brazil for a period of more than two years or the permanent status is lost. Once again, the "força maior" clause applies here too.

Regarding the legalization of the birth certificate by the consulate, you should actually check with the Cartório on that especially in São Paulo if you're going for the civil union. My Canadian birth certificate was legalized by the Canadian Consulate in Belo Horizonte and translated there too. It was accepted by the Cartório in São Paulo where I married without any questions asked. So your partner may not have to go back for that reason.

The Certified Criminal Record Check, if the process is begun there you can authorize that the document be sent to your attorney or maybe even a POA, who can then forward it to the Consulado-Greral do Brasil in that country to be legalized, with instructions to mail it directly to your partner here in Brazil. That's exactly what I did and I applied for the check from here in Brazil. I went to the local DPF and got them to take my fingerprints, I sent their form off the the RCMP in Canada with a letter requesting the check be done. They mailed it back to me in Brazil and I in turn mailed it back to the Consulado-Geral do Brasil in Toronto for legalization. I got it back just fine. Never had to worry about returning to Canada for any of it.

As far as the Federal Police, I gave them a photocopy of my birth certificate that wasn't even stamped by the Consulate and it was accepted. I think you two are worrying a bit too much about this whole thing. Don't!

Hope this has helped clear up your doubts. Anything else please don't hesitate to send me a private message.

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

Hi William, actually I am brazilian and my partner is a foreigner, we have been in a relationship since october/2010 so 2 years and 4 months I'm going to PM you! Thank you so much for your fast reply! []'s

Hi drisc,

I see you have only posted to the forums twice. I think you'll have to make a few more postings, respond to a few topics before your mailbox becomes activated. That's how it works.

As soon as you find it's opened send me a PM. In the meantime keep cool, we're all here to help.

If there's anything you just can't seem to explain in English or even if you just feel more comfortable with Portuguese, you can use Portuguese in the PM, I'm completely fluent.

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

Thanks for your reply.  It was recent, and two months ago so it would be difficult to get the criminal record expunged (impossible.
It was not a felony and the maximum sentence for such a charge is 6 months custody.  I was fined.

When applying would it be advisable to engage a brazilian solicitor

Hi Audie,

Actually, like in most countries, it is not necessary to retain a lawyer to go through the immigrations process. This is something that most people can handle on their own, unless they are unwilling to do so or have no understanding of the language whatsoever. Here lawyers and despachantes (facilitators) have a bit of experience, yes. However, they really do nothing that you are not able to do yourself and they charge very high fees. The results are no different and visas don't get issued more quickly than processes initiated by private individuals.

This is not to say that immigrations lawyers don't have a valid role. They certainly should be consulted in the event of any problems that come up during the process.

I think that if you are able to get some kind of Declaration from the Court or from a Judge, stating that the offence is not considered a felony, simple misdemeanor subject to a maximum penalty of 6 months in custody and more often only to a fine, this might change the perspective of the Federal Police and Ministry of Justice a great deal when considering your case. It might be worth the effort to consult a lawyer there to see if it would be possible to obtain such a Declaration.

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

i am from india, my work has been approved and send to country of origin ( india) but i am staying in china since last six month , i need to apply visa now , can go to nearest which is beijing china,  is possible they can grand me visa based on the processing number in other side how i can ask embassy of brazil in india to transfer document to china is possible , can you please advice me how i can approach

Hi Anbumarine,

As far as I am aware, you can apply for your visa at any Consulado-Geral do Brasil, you must of course meet all the requirements for citizens of your country of origin. This should be the case since your application is not decided at the consulate, but rather sent back to Brazil for a decision.

Just to make certain I would recommend that you phone the consulate in Bejing to confirm this.

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

Thank you for your rapid reply ,
when i receive e-mail from brazil from my company its has processing number and consulate : NEW DELHI/INDIA  its has been specified , current situation i am currently in china, dont want to go india only for visa purpose,  does beijing consulate can agree do i need to contact india and what kind of information do i need to send to beijing consulate

if you can assist it great full

You should only need to contact the Consulate in Beijing by telephone and give them the information. They will tell you if they will accept the application there or not. This is an answer ONLY the Consulate can give you, nobody here can.

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

G'day - I have a quick question. My son is Brazilian, and I obtained a Visto Permanante based on Family Reunion. I lived in Brazil for several years and everything was fine. I had to leave for urgent family problems, and on return found I had overstayed by 7 days (yes - it was not the smartest thing I have done in a while).

I want to re-apply for my visa - and understand that it can only be done in country through the Policia Federal. Resolução Normativa 05/97 outlines the process however I have not been able to determine how long I would have to stay in country after making the application. Do I have to stay until it is granted (that I hear can take up to 18 months) - or can I make the application and then leave until it is granted ?

Cheers

Hi XPM,

How is everything back in "Saddle Dome Country"?

You don't mention exactly how long ago you left Brazil after having obtained your Permanent Visa, but if it was more than two years absence your permanent status does get cancelled. If however your stay extended beyond the two year allowable period for emergency circumstances beyond your control (por força maior), there is a good chance that you can simply request to have your permanency re-instated. I don't think that would take nearly as long as going through the whole process over again. You should contact the Consulado-Geral do Brasil either in Vancouver or Toronto to find out exactly how to go about it. It might even be faster to re-instate or to even apply for a new Permanent Visa in Canada, generally the processing time outside of Brazil is much shorter.

If the overstay of 7 days you mention was on a Tourist Visa, don't worry too much about that. It's no big deal and only involves a fine of about R$8 per day. If you didn't pay that when you left Brazil then you will need to pay it upon arrival.

Once you apply for a Permanent Visa you are only permitted to be outside the country for 90 consecutive days during the processing. Again to there "força maior" concept also applies.

Anything else, don't hesitate to ask.

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

Hi William

I already wrote to you earlier..but this time I have other.
I'm going next week to Brazil with my bf.
I am from Poland he is Brazilian.
I'm going there without visa.. i can stay in Brasil without visa 90 day ( i will just get stamp on the airport)

I want to ask you if i will be already in Brasil can i make there visa so i can stay longer..?
I am with my bf together 19 months so maybe this will help..?
Also when i will be now in Brasil i want go to the school study Portuguese.. so maybe I can make in Brasil study visa..?

Pleas let me know what I can do if i want stay more then 90 days in Brasil with my bf..

Thank you for your time..

Beata

Hi Beata,

No, since you are from one of the Schengen Area countries that does not require a visa, just passport entry stamp, you are only permitted to stay in Brazil for 3 months in any 6 month perido. There are no extensions.

If you and your boyfriend have been living together as a couple for 19 months and can prove it then you could apply for a Permanent Visa com base em União Estável. For further information check the link below.

http://portal.mte.gov.br/ctps/estrangeiro.htm

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

Hi WJ
Some interesting and helpful responses. I am currently in Brazil nearing my 6 months here and am wanting to apply for a full citizenship as well as keeping my English citizenship. My Dad is English and my Mum is Brazilian. I have lived in England all my life. My parents were married in Brazil in 1981 and i was born in 1982 in England. I used to visit here once or twice a year while i was young but slowly lost contact after my mum passed away when i was 10. I have now re united with my family and am considering moving here permanently.
How lkely is it that i will be able to do this and what would the process involve. I have my documents such as my British birth certificate, parents Brazilian marraige certificate. I will be visiting Brasilia soon and wondered if it would be appropriate to visit the embassy while there or would this process be easier for me to do when back in Britain. Either way i could have the assistance of family as well.
Many thanks

Marcio

Hi Marcio,

Yes by all means because they can put you in touch with the proper authorities.

By law, since you had a Brazilian parent, you are legally a Brazilian citizen under the law regardless of where you were born (Jus Parentis) and I just don't know who you must contact in this situation, I've not run across it before. You shouldn't reqire any kind of visa, since you're a citizen. I have the gut feeling you could actually go to the Federal Police with the documents you have right now and apply for a Brazilian passport, and probably get it.

Do you have any idea if your parents registered your birth with the Brazilian Consulate in the UK? If you were born before June 7, 1994 and the birth registered with the Consulate you are already a citizen. If it was not registered (and you are now over 12 years of age but under 18) you are considered Brazilian with citizenship suspended; over 18 you are not considered a Brazilan citizen but you can request citizenship through the courts based on Constitutional Amendment N° 3/94

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

I am returning to Brazil for a 2nd visit in late March. I first visited in 2011 and at that time got a visa valid for 10 yrs. At that time I needed to show the Consulate evidence of a round-trip flight to and from Brazil. Since my visa is still valid is there a requirement that I again show that I have a round-trip ticket and if so when and how do I demonstrate that?
Thanks, Vern

Hi Vern,

Yes, you need to show a return ticket to the USA or an outbound flight to some other country for which you have a visa (or can enter without a visa) departing during the period of your visa stay. You will be checked for that by the Federal Police at your point of arrival.

Your initial stay is 90 days so it has to be within that time, this is because the 90 day extension is discretionary. I would suggest a ticket that you can change the return date (either for free or a slight additional charge) if you are hoping to apply for an extension beyond the 90 days.

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

Oi!

I am an American who overstayed my visa back in 2009. The PF marked that I'd need to pay a fine upon return, which I will be prepared to do if they ask me to upon arrival. I am older and wiser now, and my job in the US is sending me to Brazil for a conference. I have a new passport and I would have needed a new visa anyway, so I've applied for one. Will my overstay affect my ability to procure a new visa or will my application be denied as a result? I'm nervous...