Permanent visa
Last activity 13 December 2013 by James
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Good day
I Mr. Edward indian citizen married my wife Brazilian. Now problem is I did not get PCC from UAE. Because i have some case there i finished my punishment in UAE. Now i am living in India. I spoke to embassy they are asking PCC from UAE and India also. So please any one can help me to find out my permanent visa in brazil without PCC from UAE. Please really i did not do any crime in UAE. Because of my friend i suffered so much in UAE and i got the case from my friend. Please i miss my wife so much. Please really i need help from someone.
Regards
Edward
Hello Edward,
Without your Criminal Record Check (Police Certificate of Conduct) from the countries that the Brazilian Consulate wants you to produce, unfortunately there is almost no chance that you will be granted a Permanent Visa.
Were you married in India, the UAE or in Brazil? Did you register the marriage with the Consulate if it was a foreign marriage for her?
If you were married in Brazil and have a Brazilian Marriage Certificate or if you registered the marriage at a Consulate abroad and received a Marriage Certificate from the Consular Cartório then you are legally married in Brazil. In this case you could possibly come to Brazil if you can obtain a Tourist Visa. Since you're married to a Brazilian citizen, once here in the country you cannot legally be expelled from Brazil as long as the two of you don't separate (either judicially or de facto). You may not end up getting a Permanent Visa, but you would not be in the country ILEGALLY, just in an "irregular migratory condition". As long as you keep the Marriage Certificate or a certified copy of it on your person at all times (in case you're ever stopped by police) you could still remain in the country, visa or not.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Yes i married her in Brazil sao paulo Registrar office. I have marriage certificate in my hand also. So is it possible to come tourist visa and apply permanent visa there. If is it possible what are the document i should bring from here. I can bring police clearance from india. But i can not bring PCC from UAE. So in this case what i have to do. Which department my wife has to contact. please help me any other way to stay with my wife permanently in Brazil
So i need to stay with her in tourist visa (30 days only). After 30 days i need to stay illegally with her. Is this any problem will come in future. I do not want any problem any more in my life. I want to stay with her legally is it possible or not. Any other way is to stay with her.
Since you're married legally in Brazil, get a tourist visa and come here. Take all the documents you already have including the PCC from India to the Federal Police and apply for the permanent visa. The Federal Police ARE NOT immigrations, they just collect the information.
Once you've applied for the permanent visa, the law is quite clear. You can not be expelled from the country for any reason as long as you remain together as a couple and don't separate.
The permanent visa process will sometimes take two years or more, you can legally stay in the country while that process takes place, you have the legal right to work as well once you've applied for the visa.
In the end, they may deny the visa - even if they do deny the visa they can not force you to leave Brazil because you're married. If at some point in the future they deny a visa you can take one of two different actions, you can appeal and they have to reconsider your case OR You can go into the Regional Federal Court (TRF - Tribunal Regional Federal) and ask for an order for "Permanência Definitiva via Judicial" because the court is HIGHER than immigrations and you will probably win the case there quite easily.
The hard part is getting here.... once you get into Brazil there are no circumstances whatsoever under which they can force you to leave the country as long as you don't separate or divorce.
Decreto/Lei 6815 Art. 75, II clearly catagorizes anyone who is either married to a Brazilian or who has a Brazilian child as being "inexpulsável". Visa or not you could stay forever (or at least until you separate or wife were to die) don't worry about that.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William,
Really now only i am happy when i saw your message. really I should praise to be lord. So what are the document should i bring from here. I need to legalize some document from here Embassy of Brazil. Tell me which department my wife has to contact for visa purpose. I thought may be she should contact Federal police or Ministry of foreign affairs. Tell me the contact no and contact person in Federal police or MEA. Are you sure really they do not ask my PCC from UAE. Because in my passport its showing work visa in UAE. I worked UAE 2 years so federal police will not ask PCC from UAE. Please tell me asap.
Note : I already applied Permanent visa in UAE and also i got approval from Brasilia and visa stamped in my passport. But that visa is expired i never enter n Brazil within 90 days so that permanent visa is already expired.
Regards
Edward
Edward,
Your wife can't apply for the visa for you, you must apply for it yourself.
First you need to apply for a Tourist Visa only (don't do the application for Permanent Visa until you have arrived in Brazil.
For Indian citizens you will need the following documents (if your Tourist Visa isn't valid any longer):
Letter of invitations (your wife can write that or any other Brazilian citizen) it might be better if it comes from some other member of her family and not from her, since you really don't want them to know you're going to apply for a Permanent Visa upon arrival;
The Tourist Visa application form, properly filled out and signed;
2 - 3X4 color photos of you (white or neutral light background)
Your passport (valid for a period of at least 6 months following date of arrival);
Round trip airfair tickets (departure from Brazil within the stay period specified on visa);
Bank statements or Credit card showing line of credit sufficent finances to support yourself during stay OR a Declaration of Financial Responsibility from a Brazilin citizen stating they will accept financial responsibility for you during stay.
Address of where you will be residing in Brazil (hotel reservations if any;
Any other documents the Brazilian Consulate requests you to produce.
You will need to go through a personal interview (during which do not mention anything about your marriage or the PCCs). It's important to remember that during the interview you must be clear to them that you are coming to Brazil as a TOURIST, you should not mention that it's your intention to apply for the Permanent Visa once you arrive.
Once you get to Brazil you will need the following documents for the Permanent Visa Application:
Certified copy of your passport (all pages even blank pages);
Certified copy of your Brazilian Marriage Certificate;
The PCC from India, which must also be legalized by the Consulado-Geral do Brasil em Mumbai;
Certified copy of your spouse's Registro Geral (RG)
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William,
Thanks for your reply. I need to certified passport copy and Marriage certificate and PCC also from Ministry of foreign of affairs from India and Embassy of Brazil in Mumbai too. But if i ask legalization before apply tourist visa they may have a doubt on my tourist visa. But my marriage certificate is everything in portugese languages might be MEA in India will not attest they will ask me to translate marriage certificate.
i think first i need to apply tourist visa once i get visa approved then i will go for attestation my passport copy and PCC both MEA in india and Brasil consulate also.
Marriage certificate and my RG card she can attest from cartorio is enough i think so. Please clarrify this one
Regards
Edward
Good day William
My wife living in Sao paulo now. So my wife should attest marriage certificate and my wife RG card from Cartorio in sao paulo is enough.
I need to attest PCC and copy of passport from MEA in india and Brazil consulate in Mumbai. If i did not get attest from Brasil consulate from Mumbai. Can i attest in Brasil is it possible. Because definitely they have doubt if i ask attestation for PCC and passport copy. That is why i am asking any other way there in Brasil.
Regards
Edward
No your marriage certificate from Brazil does not have to be legalized by either the MEA or Consulate, it is an official Brazilian document. You just submit a certified copy of it in Brazil when you apply for the Permanent Visa.
The only document that will need to be legalized in your case is the PCC.
You will need to make certified copies of all of the documents
Good Day william
So i do not need to legalized my passport copy from Brazil consulate in mumbai. Only should certified from MEA in India is enough.
PCC should certified from MEA and Brazil consulate in mumbai.
If i ask legalization my PCC they have doubt for my visa. They will ask me why you need PCC legalization here. Are you planning to apply for permanent visa there. If they will ask what i have to do.
Regards
Edwards
No, your passport doesn't need any kind of legalization whatsoever. You just make a certified copy of it when you want to submit it for the Permanent Visa application here in Brazil. That's just a photocopy done by a Cartório here and authenticated. You're confusing the term certified with "legalized". Check with the Consulate if they even want a PCC for the Tourist Visa, I don't think so... you certainly will need it for the Permanent Visa process in Brazil.
The document that must be legalized by both MEA and the Consulate is the PCC.
You will not be producing anybody the Marriage Certificate until you're actually here in Brazil so as far as anyone there is concerned it simply does not exist!
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
No i think i do not need PCC for tourist visa. But i told you earlier message i was worked in UAE 2 years. Suppose Federal police will ask PCC from UAE also. Because i can not produce PCC from UAE (i.e., I have a criminal record there ) so we will hide PCC from UAE in Federal police
Edward,
As I told you before submit only the PCC from India, they may not even ask for the PCC from the UEA in which case you'll be fine. One question... are you in India or the UEA right now? If you're in India when you request the PCC does it actually state that the penalty was completed in the UEA??? Or is your record in India clear? If you're in India and it's clear likely the Federal Police here in Brazil will never know you were in the UEA at any point, unless you tell them.
Regardless of submitting the other or not, once you're in Brazil you can't be expelled from the country because you're legally married to a Brazilian. Even if they refuse you the Permanent Visa some time in the future you can either appeal the decision or enter in the TRF for "Permanência Definitiva via Judicial".
Either way, you can remain in Brazil indefinitely with or without a visa unless you separate or divorce.
Hi Edward
I was going through your post,thought to share my experience with you.I would recommend you to follow things Mr William has said.I just wanted to add that bring your birth certificate and PCC from India attested by MEA and then Legalized by Brazilian Embassy in India.You are going to need it if you decide to apply for permanent visa from Brazil.Also if you already got Permanent visa from UAE (though expired) try to carry the PCC from UAE and the protocol that you had when you applied for Permanent visa there in UAE.Certified copy of other documents can be done from here.You must know this since you were here already.
Boa Sorte
Good Day William & Dhiraj
But in my passport i have resident permit visa in UAE. If they saw my copy of passport they will know easily william i am there so and so date. Also Dhiraj said I need to bring PCC from UAE and Protocol certified copy of my old permanent visa application from UAE. Really I do not know what i have to do. Everyone Confuse me I told you already i can not bring PCC from UAE. Otherwise can i apply Duplicate passport may be its not showing i m in UAE.
Tellme William what we have to do now. Also I need to bring Birth certificate from india and legalised from Brazil embassy in mumbai.
Regards
Edward
Good Day William
Right now I am in India. I am finished my punishment from UAE and they deported me from UAE. In India i do not have any case. I am completely fine in India. If i never tell to federal police i am in UAE. BUt If they see my copy of passport it will mentioned I have work visa in this country and i worked there 2 years. Also I need clear requirements for Permanent visa in Brazil
Dhiraj told me i should bring Birth certificate also and my Old Permanent visa Protocal Visa copy also. What we have to do in this case. Whether we should hide Permanent visa i already got from UAE and stamped my passport.
Regards
Edward
Hi Edward,
If you're already back in India what I would do is the following:
If you can, apply for a new passport (regardless of how much time is left on you old passport for its validity). This way when you apply for your Permanent Visa the Federal Police will not even see that you've been in the UEA.
Do you already have a Tourist Visa for Brazil or do you have to apply for one now?
If you have to apply for a Tourist Visa for Brazil then I don't see any problems for you with a new passport.
Once you're here in Brazil you apply for the Permanent Visa and present the PCC form India only. Actually if the offense in the UEA wasn't a felony and didn't have a sentence of more than two years I don't even think it matters, but really it's better the way I describe.
You probably won't need the Birth Certificate for the purposes of the Permanent Visa (it's usually for marriage), but it's always best to have one anyway. Get it legalized just as you do the PCC.
Just remember, once you get here and apply for your Permanent Visa, a married couple must really exist. The Federal Police, as part of the process, will visit your home to make certain you actually live together as a couple, they may even talk to neighbors to see if they see you doing things together as a couple. It's quite common.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William
I am already in India. My passport validity is going to end on 2019. But i think old passport is enought for apply tourist visa. Still now i do not apply tourist visa. I planned to apply on after 3 months. But before i want to know all the process that is why. Thank you so much william always you are replying my message. Really i want to meet you in RIO. Please pass your mobile no in next message. Take care God Bless you
Regards
Edward
Hi Edward
I was not confusing you.This is my experience.Please remember about birth certificate and PCC from India.I was asked even though i gave them my marriage certificate.I recommmended other papers because remember you cannot win bureaucracy with words.Its always best to be prepared with documents supporting your words.
Boa Sorte
So true Dhiraj, bureaucracy here is incredible it just suffocates everybody, Brazilians and foreigners alike.
Edward,
The reason I suggested that you get a new passport is so that you won't need to show the old passport which has your UAE visa and expulsion. It's going to be much better for you if you come here with a new (clean) passport. If the Indian government will allow you to apply for a new one and cancel the old passport, I think it would be much better to do that even considering the extra cost.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day Dhiraj,
Without PCC from UAE, The Federal police officer will not accept my permanent visa applications. I need your personal mail id.
Regards
Edward
Hi Edward
In my opinion they will want PCC.I dont think they will ask for UAE.Tecnically is not true.suppose you lived in 10 countries and then you decide to apply,i dont think they will ask PCC for other countries.PCC from last residing country should be enough.Mr William is right about getting new passport in terms of expulsion matter but authorities here will know that you already had Permanent visa, if they dont know you should tell them to avoid future problems.I was not asked for PCC when they gave me list of documents to apply for Permanent visa but then the day they accepted the documents they asked me for PCC not in original,just tranlated copy in portuguese.You can send me PM in the inbox here.I would be glad to clarify you further.
Boa Sorte
"Mr William is right about getting new passport in terms of expulsion matter but authorities here will know that you already had Permanent visa, if they dont know you should tell them to avoid future problems."
Actually this is not correct, the information in the Policia Federal system is linked to the passport number, so with a new passport they won't know he had a Permanent Visa to the UEA nor will they see that he was ever expelled from the country. I wouldn't tell them since that will just bring on problems he doesn't need. Once they find out he had a Permanent Visa then they're going to find out about the expulsion. Keep quiet on the subject... trust me.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team.
I just wanted to update that when you make new Indian passport then that new passport does have different number but in the last page of it they mention the previous passport number.I dont have any idea about system here in Brazil.So i could go with Mr Willian suggestion.
Good Day Willian
So i understood what you said. I will apply new passport and i never told the Federal police i was there in UEA. I got the permanent visa in Brazil received from Consulate of Brazil From UAE. BUt within a time i never enter to Brazil so my permanent visa expired. I hide all the things. If they find out then we will see afterwards. So i keep quite in this subject. I would not say to them i am in UAE
Thanks and regards
Edward
Edward,
You already had a Permanent Visa for Brazil?????
If so, how long were you out of the country after it was issued?
If less than two years out of Brazil then it is still valid. If you were out of Brazil more than two years you lost the permanent status and will have to apply again.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William,
Yes i got the permanent visa last year September month. But i never enter Brazil within 3 months. SO if i never enter Brazil within 3 months that visa is not valid. I need to reapply again permanent visa. Because i need to enter Brazil when they issued visa. BUt i never enter Brazil within 3 months. So the visa is not valid.
Regards
Edward
Good Day William,
Brazilian consulate told me i need to first enter Brazil within 90 days otherwise that visa is not valid. But i never entered Brazil within 90 days. That is why i am facing problem now. Whether my old permanent visa is still valid if i do anything is it possible. tell me
Regards
Edward
No, if you didn't enter Brazil within the 90 days then you need to start the process all over again. They're pretty strict about that.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William
That is why i go for new permanent visa process. I checked here passport officer to apply another passport. They gave some application to reapply passport in this application they asked whether i was deported from any other country. Also they asked some supporting affidavit from notary public. In this affidavit they asked whether i stayed any other country. If i stayed how long i stayed and duration of stay and passport entry and exit seal where they stamped. I think i can not give false information. So better i go for existing passport. Now my question is if i come by my passport. Its already stamped my tourist and Permanent visa in my passport. SO federal police will ask why you never enter BRazil within 90 days when we issued permanent visa. whether we will hide permanent visa from federal police. But they can see my copy of passport. it stamped clearly so it will come any problem in future. Better we will say to federal police i was there 2 years. but i never come to brazil after issue my permanent visa or we will hide
Regards
Edward
Edward,
It really looks like you're going to have real problems given the circumstances you have described. Clearly a new passport won't be any different from the old one, it will show the deportation and will lead to the Brazilian Consulate or Federal Police asking for a PCC from the UAE, which will probably make it impossible for you to obtain another Permanent Visa now. Sorry to say it's starting to look like your situation is hopeless.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
Good Day William,
Thanks for your prompt reply, But in my passport they are not mentioned any deportation just they canceled my UAE work visa in my passport. But definitely they will ask PCC from UAE if i apply permanent visa from Brazil Sao paulo. Please tell me they will ask But you told me earlier message if i reach brazil in Tourist visa can i stay with her without permanent visa. You told me if i married Brasilian women i can file case against immigration and i will win you told me. So tell me any another way to come and stay with her. Dhiraj also told me properly i do not need PCC from UAE. Which country i stayed last time only i produced is enough. Really any other way to stay with her.
Regards
Edward
Good Day Dhiraj
What you said is correct they will mentioned my existing passport no in my new passport. So incase what i have to do. IF i come by tourist visa whether is possible to get permanent visa. i only bring PCC from India is it enough tell me. If i never submit PCC from UAE they will not accept my permanent visa application if they are not accept what i have to do. Meet any lawyer to take any other action to stay in BRazil.
Regards
Edward
If you can get a tourist visa and get to Brazil, once you are here you can apply for a Permanent Visa here, based on marriage to a Brazilian. (the couple must exist - you must be living together)
Because of your criminal record in the EUA if they ask you for a PCC from there it it likely that you will not be granted a Permanent Visa. If they don't ask for one don't offer it - go through the process without it and only if they ask tell them you will provide the document.
Regardless, in the end, if they DON'T issue you the Permanent Visa you still can remain in the country. You are in a category called "não expulsável" which means that you can't be deported as long as you remain married.
That's all I can tell you about your situation. There really is nothing more that I can add.
Cheers
Hi Edward
My suggestion would be to stay in India for atleast 6 months.Then get the PCC from Indian Police(to get PCC in India Minimum stay should be atleast 6 months) and birth certificate and get it legalized by Embassy of Brazil there.Come to Brazil as tourist with the other documents required.If they ask for PCC from UAE here in Brazil then you get a lawyer to help your case.Remember its going to be expensive way.You should try of luck man.I think you should be ok with PCC from India.Man fighting with immigration scares me.I have been in that situation.It just costs your time and money.They always have some rules ready to support them.
Good Day William and Dhiraj
Thanks for your reply. I will do what you said both of you. Lets everything in gods hand. I hope everything will be solve very soon. If i have any doubt i will ask again guys. Take care god bless you
Regards
edward
Edward Cullen wrote:Good Day William and Dhiraj
Thanks for your reply. I will do what you said both of you. Lets everything in gods hand. I hope everything will be solve very soon. If i have any doubt i will ask again guys. Take care god bless you
Regards
edward
Hi. william,
I used to work in one of the embassy here in japan a few years back and basing to my experience i think it is best that you stay in India for awhile. Then apply for a new passport and hopefully get a clearance from your
Federal Police clearance in India.
Im not sure if in your new passport appears the informations of your new passport and if it does you might have some problem but if not then you can proceed wi th that and play safe.
Most embassy when issuing a visa iregardless of permanent or tourist we do have codes and control numbers on each issued visa. But after 5 yeaRs we do clean up ur record system . As long as you get
A clearance from your country you will be
Fine but if they issued a visa in their UAE brazilian consulate office and if they ask you why you never came to brazil then you can say you weren't ready yet.
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