Obtaining Permanent Residency in Brasil - USA Citizen

    Not wishing to appearing to be antisocial - but aren't you in the wrong expat's blog site ?

Wrong part of the world even ? 

Brazil ? Surely that's still part of the South American Continent somewhere ?
Or has it suddenly decided to up and immigrated to Asia ? 

Thought this was for the expat's.in Viet Nam 

Suggest you try your luck at --->  https://www.expat.com/en/directory/sout … ca/brazil/

Good luck over on that blog site. 

Flip465 wrote:

Good luck over on that blog site. 

Forum.

Hello mewnyc,

1. I take it that you've got one of the "old style" paper protocolos with your photo, process number and the SIAPRO labels with the bar code valid for 180 days. Yes, you must return every 180 days (actually best a week before that) to get it stamped with an extension. You'll see a spot on the second to last line "PRORROGAÇÃO" that's where they'll stamp it with a new date. Also you are required to go back and inform them of any change of address within 30 days should you move. Very important that you pay particular attention to both these things, it can cause you to have the process cancelled.

2. Your protocolo is essentially your provisional visa once you have applied for your VIPER Permanent Visa. I mentioned "old style" above since many of the Federal Police delegacias have switched away from the paper protocolo and now stamp an applicant's passport to indicate they've applied for a VIPER Permanent Visa and that the stamp is valid until publication in the Diário Oficial da União. This eliminates the need to return every 180 days as above.

I really don't believe that any Consulado-Geral do Brasil will even issue a new VITUR Tourist Visa once you've applied for your VIPER, since for all legal purposes you no longer require one. Your application (when based on marriage or on having a Brazilian child) carries with it the automatic right not only to remain in Brazil during the entire process, but also to obtain your Carteira de Trabalho e Previdência Social - CTPS and to work.

I think, in fact, this was what has prompted the move away from the paper protocolo opting for the passport stamp, since the old protocolo has caused great confusion with airlines (especially in the USA). They seem to have forgotten that they're in the business of transporting passengers and that THEY ARE NOT IMMIGRATIONS AUTHORITIES. They are famous for browbeating passengers and refusing to allow them to board with the paper protocolo simply because they don't understand the system here. They're terrified that they're going to have to transport you back to the US if you're not allowed in, which is first stupid, and second none of their F... ing business. Your protocolo allows you to leave Brazil for periods of up to 90 days at a time and re-enter the country without any problem whatsoever.

If you are worried, you should invest in a phone call to the Consulado-Geral do Brasil in the USA where you obtained your VITUR originally, discuss the situation with them and see what they have to say, perhaps they'll issue you a letter on Consular stationary explaining how things work, that you can give to the airline. The other alternative is to go back to the Federal Police and ask if they do have the new protocolo stamp that goes in your passport, if so ask them to take back the paper protocolo and stamp your passport. That should resolve the problem completely.

Here is a sample of the NEW PROTOCOLO that gets put in the passport. Try to get the Policia Federal to put it into your passport if they will.

wjwoodward wrote:

Hello mewnyc,
I think, in fact, this was what has prompted the move away from the paper protocolo opting for the passport stamp, since the old protocolo has caused great confusion with airlines (especially in the USA). They seem to have forgotten that they're in the business of transporting passengers and that THEY ARE NOT IMMIGRATIONS AUTHORITIES. They are famous for browbeating passengers and refusing to allow them to board with the paper protocolo simply because they don't understand the system here. They're terrified that they're going to have to transport you back to the US if you're not allowed in, which is first stupid, and second none of their F... ing business. Your protocolo allows you to leave Brazil for periods of up to 90 days at a time and re-enter the country without any problem whatsoever.

James, with all due respect it is. The flimsy piece of paper is an absolute joke, and it is the airlines responsibility to pay should you get deported. Therefor they are the ones paying your return ticket home if the Federal Police decide to deport you. I have never seen such a pathetic way of handling permanent resident visas in my life, I believe you said that before too. It is a piece of paper for crying out loud. It could easily be forged and therefor anyone here would definitely give it a second look. The work book (CTPS) is a much better document to show the airlines since it actually is document that doesn't come out of an inkjet printer that sits in most peoples homes. That is what I used on my final journeys to Brazil because I was afraid of losing my "protocolo" by the A/C blowing it away in the airport.

Yes I agree with you Matt, but you know through your own experience that THIS IS EXACTLY THE WAY THEY DO THINGS HERE.

Totally half-assed, hopefully once all of the DPF Delemig Delegacias convert to the new stamp it will resolve the problem. Until then people are going to continue to face this problem.

Oh, and while I agree that the airline would have to fly you back to the USA should the Federal Police deny entry that does not mean that THEY have to absorb the cost, they can bring on a Civil Action to have the Court order you to pay for the flight.

The bottom line is that they have not got the legal authority to challenge whether the protocol is genuine or not, it is a travel document and airlines are not IMMIGRATIONS. Legally they can't simply refuse to board you just because they "suspect" it MIGHT NOT be real. That's crap. They get sued all the time by people for refused boarding, and they generally lose in court.

mewnyc wrote:

Hello,

I am in the process of obtaining permanent residency in Brazil through marriage to a Brazilian National.  I have a couple of questions that I thought I would ask the community. 

1)  I received my Protocol document from the Federal Police.  I was advised that I must make an in-person appearance each six months until I receive formal approval of my application.  I was led to believe this could take two years.  Does anyone have any experience with this process? 

2)  I currently have a Brazilian tourist visa that expires on February 25, 2015.  According to my Immigration Attorney he thinks it is wise to 'renew' my tourist visa if I intend to travel outside of Brazil.  He has had issues with previous clients whereby airlines have denied boarding to nationals that require a visa to enter Brazil as they do not understand and/or recognize the 'protocol' document.  My question is, do I need to fly back to the United States to obtain a new tourist visa or, can I simply fly to another South American country and apply at the local Consulado do Brasil ?  If I fly back to the USA it will take me about three weeks to obtain a tourist visa and the expense involved is great.   

Any feedback is welcome.  Thank you so much!

I should have read this article first. Okay. If your tourist visa is expired, no US airline, and I would imagine most foreign airlines (definitely Copa) will NOT let you board an airline even with the just CTPS or protocolo, and the Brazilian RNE will not even be sufficient to board, you will need a VALID visa. The only time a visa would not be required is if you were traveling on a valid Brazilian passport.  I can tell you that the flimsy piece of paper will not get you on the airplane, because airlines require visa information not contained on the protocolo or on the stamp shown in the passport in this thread. Visas contain data that is recognizable/readable/understandable worldwide. They also contain security features and watermarks, and aren't just some rubber stamp. US airlines are not expected to know the immigration requirements and documents of every country on earth, and not expected to speak and read every language. They are however expected to understand how to read a visa and passport and extract relevant data from such document as are most countries. The protocolo, CPTS and the "new" stamp are not globally recognized and meaningless documents when it comes to a visa. They could waive the requirement for proof of return ticket however.

(In my previous reply I was referring to - the CTPS and protocolo were used in conjunction with one-way tickets where I did not have proof of return travel.)

Hi Matt,

I'm going to check with the Consulado-Geral do Brasil, but as far as I am aware they won't even issue a new VITUR if you've applied for the VIPER, since your protocolo of the VIPER application is essentially what is considered by Brazil as your provisional visa and as such you don't require a VITUR any longer. At least that is my understanding. I'll let you know what they say. Also the law is quite clear about the fact that applicants are permitted to re-enter Brazil provided that their absence does not exceed 90 days.

Cheers,
James

wjwoodward wrote:

Hi Matt,

I'm going to check with the Consulado-Geral do Brasil, but as far as I am aware they won't even issue a new VITUR if you've applied for the VIPER, since your protocolo of the VIPER application is essentially what is considered by Brazil as your provisional visa and as such you don't require a VITUR any longer. At least that is my understanding. I'll let you know what they say. Also the law is quite clear about the fact that applicants are permitted to re-enter Brazil provided that their absence does not exceed 90 days.

Cheers,
James

I stand corrected - an RNE will suffice for a visa.

wjwoodward wrote:

Hi Matt,

I'm going to check with the Consulado-Geral do Brasil, but as far as I am aware they won't even issue a new VITUR if you've applied for the VIPER, since your protocolo of the VIPER application is essentially what is considered by Brazil as your provisional visa and as such you don't require a VITUR any longer. At least that is my understanding. I'll let you know what they say. Also the law is quite clear about the fact that applicants are permitted to re-enter Brazil provided that their absence does not exceed 90 days.

Cheers,
James

I understand the law in Brazil but airline employees lose their jobs over this. I have a friend that works for American Airlines in Manaus. People lose their jobs their for sending passengers to the US that don't have proper documents. And no, it not AA they are working for it is sub-contractor out of Rio. So it is the employee protecting themselves more than anything, and I can't blame them.

Woops, missed it entirely....... Yes, he's got to obtain a new VITUR Visa. Look at the stamp on the second page. They've obviously changed things. The stamp is clear that "The provisions of this article DO NOT assure re-entry to Brazil without obtaining a consular visa, when required."

So that means if you're coming from a Visa Waiver Program or Schengen Area Agreement country you'd be ok. From the USA, Canada and other countries that require a visa to enter Brazil, yes you'd need to renew an expired visa for sure.

Guess that straightens out the situation completely.

The only thing that this stamp does serve for is the fact that as long as your visa is VALID you wouldn't need to worry about the length of stay in Brazil calculations, you're exempt by virtue of the VIPER application.

Your VIPER application is in no way altered or effected by the temporary absense provided that it does not exceed the permitted 90 days. However if you are away for longer than 90 days, due to hospitalization or other circumstances beyond your control this is certainly taken into consideration.

Thanks to both of you for your help in thoroughly reviewing this matter.  I have asked my  Internal Consultant at Mundi Visa's to assist me with obtaining a new Tourist Visa at the Consulado in Montevideo.  They claim I can apply there without the need of returning to the USA.  I will keep you guys updated if this all works out. 

By the way I requested a stamp in my passport instead of the paper Protocolo and was advised by the FP in Niteroi that they do not offer this service but they do in Rio de Janeiro.  Since my residence of record is near Araruama, RJ I was advised I needed to submit my paperwork to the FP in Niteroi.

You should have no problems in getting the new visa in Montevideo, Mundivisa are pretty good they really know their stuff.