Permanent Visa

Hi Set37,

Well your options for obtaining a VIPER Permanent Visa are pretty much exhausted then. Such visas are issued under the following circumstances:

Marriage to a Brazilian citizen or permanent resident;
Provable stable union (of at least 1 year in duration) with a Brazilian citizen or permanent resident;
Family reunion (parents or children who are Brazilians or permanent residents);
Having a Brazilian child (biological or adopted) who is in your custody and/or financially dependent on you;
Retired individuals who can meet financial requirements;
Investors with a minimum of R$150000 (USD $75000);
VITEM-V Work Visa holders who have resided in Brasil for at least 3 years can also request their visa be transformed into a VIPER

You don't mention your age nor how long you've been in Brazil or in the relationship, just that you can't get married. So, it's kind of difficult to give you any real advice as to what avenues you could use as a means to obtain permanency.

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

You can go the stable union visa path. You get a lawyer, have a judge declare stable union and apply without the hassle of having to have a testament and a joint bank account for over a year.

Don't forget though that he said he can't get married. That kind of indicates to me that either he or his partner is still married to someone else, in which case he cannot declare a stable union for immigration purposes. They won't allow it. That's exactly what prevented me for applying for a VIPER based on stable union. I actually had to wait until we had a child to apply based on a Brazilian child.

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

Sorry, I didn't leave more info.  I am 58 and I am divorced and living here for two years.  She is in the process of getting one, uncontested, and should be clear in a very short time. This was a welcome change of events.

  This changes my game plan so the marriage route looks good now. 

I have to get back to the US. I have a grandson I have not met yet!!    What is the quickest route to a permanent visa.  I have friends that say marry here and apply at the consulate in Miami. (I'm from Florida)
It looks like applying here takes a long time. 

Another question is the police report.  Do you know which organization they want??   Local state or Federal??   Im reading the other posts to see what else I will need to do the marriage. 
The information gained in these forums is priceless!!  Thanks so much for your knowledge and opinions!!

The process of applying for your permanent visa is best done in the United States. If you apply in the United States at your local consulate you are looking between 4-6 months for the process to complete.

If you decide to apply in Brazil, prepare yourself for a very lengthy process. I know people that have been waiting over 2 years for the permanency process to complete. The Federal Police will say one year (as they said to me) but do not take them at their word. Yes, it could complete in one year but rarely does it ever without the services of an attorney.

Bottom line - if you have the ability to return to apply and are in a rush (or prefer to do things with minimal bureaucracy by Brazilian standards) go back to the US and apply there.

As for the police check the FBI would be the agency to get your rap sheet from. It must be no older than 60 days old. It must be the FBI and no other law enforcement agency. Processing times are over 8 weeks but at this moment they aren't even processing them due to the government shutdown.

Permanent Visa Police Check Requirements:
http://houston.itamaraty.gov.br/en-us/p … NT%20VISAS

More information on FBI checks here:
http://www.fbi.gov/about-us/cjis/crimin … ary-checks

DO NOT PERFORM AN FOIA REQUEST it is NOT the same, nor is it what they want at the consulate.

If you apply in Brazil you most likely will just sign a declaration under penalty of perjury you have no criminal record in Brazil or outside.

Hope this helps.





Matt V. - Manaus, Amazonas, Brasil
Visit my Personal Blog - brazilbs.blogspot.com

Regarding applying for the VIPER Permanent Visa in the USA or Brazil there are advantages and disadvantages to both options when the application is based on either marriage or having a Brazilian child.

If you apply for the visa in the USA, yes it will be issued in a shorther time, usually 4 to 6 months. The disadvantage however is that you CAN'T RE-ENTER Brazil until you actually have the visa in hand.

If you apply for the visa in Brazil, since you're already here there is no sense of urgency so it doesn't get processed quickly it can take 2 years even sometimes more. However, having said that the applicant is allowed to remain in Brazil, obtain a work permit and work while the process takes place.

So if you plan on being back in the USA for 6 months or more anyway then I'd say apply there. If on the other hand you don't really want to be separated from your spouse for that length of time apply here. Once your application is accepted you can leave Brazil and re-enter for periods up to 90 days. After you've received the visa then you can be out of the country for up to 2 years.

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

Thank you very much.    I am starting the process.  FBI first. I do appreciate this info!!

Mr. Woodward,
you seem very knowledgeable about the Brazilian Visa system.  My wife and I possess Permanent Resident Visas and RNE.  My question is;  Mine shows an expiration date of March 24, 2013. We both live in the Dallas, TX area and own a villa in Pipa da Praia.  We do travel there every year since our return in 2004.  We lived in Sao Paulo for 5 years.    I communicated with the Houston - Brazilian Consulate via emial with photos of my Visa and asked about a renewal.  Their written response is that the Visa never expires as long as I enter Brazil within the 2-year max from each entry.  We flew into Sao Paulo in June 2013 and fortunately I had a copy of that email from the Houston - Brazil consulate as the Federal Immigration Officer was not going to allow me entry into the country.  I produced the email and after about 15 minutes of supervisory review, they allowed me entry but warned that I needed to get a renewed Visa. Is it worth the hassle to try and renew this visa or just continue carrying the letter from the Brazilian Consulate and hope the Feds abide by it?

Gotcha184,

I am utterly shocked they let you in the country. Did they give you trouble leaving the country too? A Visa is a big deal regardless of country. If that ever happened in the US the CBP officer would automatically be terminated, potentially be fined, lose his/her security clearance permanently and could goto prison. Not saying that would happen here but given the reputation of the DPF they must have been in a great mood that day.

In my personal opinion it is worth renewing it. The letter might now work next time and the outcome might be worse.





Matt V. - Manaus, Amazonas, Brasil
Visit my Personal Blog - brazilbs.blogspot.com

Hi Gotcha184,

The response you got from the Consulado-Geral do Brasil was CORRECT, once you are granted a VIPER Permanent Visa it never expires. You are permitted to leave Brazil for up to 2 years (even longer if by virtue of "força maior" i.e. something out of your control like being hospitalized). What determines this is the entry and exit stamps on your passport, since as a foreigner even with a VIPER you are required to use your US passport (and keep it current) at all times. This will continue exactly this way until you should naturalize as a Brazilian citizen. At that point you'd also need to apply for a Brazilian passport and use your Brazilian passport to enter and exit Brazil, while using your US passport to enter and exit the USA. Strange system here, indeed.

The Federal Police, in most cases don't know their backside from their elbow as usual. You can't 'renew' a Permanent Visa unless it has been invalidated by virtue of being out of the country longer than the allowed two years. What you do need to renew, and what the dumb Federal Police officer probably got confused with is your Cédula de Identidade Estrangeiro (CIE) which shows your RNE number. It must be renewed every 5 years until you reach 60 years of age or if you have a physical disability, then it never needs renewal.

Just continue carrying the letter from the Brazilian Consulate and if you want you can also print off this copy of Decreto/Lei 6.815/80

http://www.planalto.gov.br/ccivil_03/leis/l6815.htm

When you return to Brazil if you have problems then you show the clod you're dealing with the LAW and point out what Art. 51 has to say about re-entry.

It makes it quite clear that A FOREIGNER REGISTERED AS PERMANENT, WHO IS ABSENT FROM BRAZIL, MAY RE-ENTER INDEPENDENT OF THE VISA IF DOING SO WITHIN TWO YEARS.

This should resolve all of your problems very quickly.

  Cheers, 
  William James Woodward, Brazil & Canada Expert - Expat-blog Team

I am willing to bet that during the 15 minute supervisory review that they called and checked out what the Houston-Brazilian Consulate had stated in the email was true or not.  The Consulate stated that the Perm. Residence Visa does not expire has long as you enter the country within the 2 years of last exit.  Now, with that said, how do I go about renewing it?

Mr. Woodward..........thank you for your timely advice.  I got the impression from the Houston - Brazilian Consulate that they really didn't want to renew it.  I will print out the statute as suggested and carry both with me.  I just turned 60 this year and we plan on retiring to our villa in Pipa in the next 2 years.  Meanwhile we will be back in 2014.

Sorry to read on one of the posts that you are still having problems with obtaining a Permanent Residence Visa.  I remember that during my 5 years in Sao Paulo that the Bureaucracy in Brazil turns very slowly.  When we returned to the USA in 2004 my wife lost her passport and Brazilian visa.  The passport was replaced within weeks but the Visa took 18 months and then a special trip to Sao Paulo to pick it up in person (required).

Again...........Thanks you!

David Fuller

Hi David,

Since you've just turned 60, if your Registro Nacional de Estrangeiro and Cédula de Identidade are still current then you (by law) do not need to renew them ever again. If your CIE has expired before your 60th birthday then you will have to renew it once and then never again.

I bet your Federal cop simply had to go and check with his superior, and the 15 minutes it took him to return was either him getting reamed out by his boss or just in order to save face, saying he had to check so many details and pull strings to get you into the country. LOL

  Cheers, 
  William James Woodward, Brazil & Canada Expert - Expat-blog Team

Actually,  he brought the supervisor out with him to the booth.  I have been through immigration countless times and this was the first time that they actually spoke with me outside of review of my passport.  Very friendly and both actually accepted several pieces of candy that my wife bring into the country with her (Fireballs and Warheads).  My wife and I talked about this for several days!