Business Investment visa

Hello Hotspur,

Just like many of us here you were duped into taking the word of an unscrupulous lawyer, given false and misleading information and are now paying the price. No need to feel any shame, it happens to the best of us.

I will try to answer your questions in the order given and to the best of my ability. As I have no personal experience in the VIPER Permanent Visa for Investment other than knowledge of the process, where I may be unable to give anything more than a general answer, perhaps one of our members will have something more specific to offer.

1.  It is unlikely, given that the original company has never traded, that you are going to be able to continue to argue that it is functioning and/or has future plans. Also is the original investment still intact (i.e. has not been repartriated or converted to some other use)?

2.  The other companies have nothing whatsoever to do with the original visa application and thus would not be considered. You can however submit a new application based upon those companies, if you wish to go through all that bureaucratic nightmare again.

3.  If the DPF do cancel your VIPER then, yes they will "invite" you to leave, that does not mean going back to your country of origin, just out of Brazil to any other country where you are entitled to enter on a pre-existing visa or under a VWP entry. Since we are talking about entirely different visa categories and stay calculations in any do not effect any other category, then YES you could immediately return to Brazil  if you hold a valid VITUR Tourist Visa that allows you to do so or if you hold a passport that would allow you to enter under the Visa Waiver Program or Schengen Area Agreement. Once you did so you are again "legal" in Brazil for the duration of any allowable stay.

4.  Not necessary to exit and re-enter now, since you have already gone to the DPF and were simply advised to return. Doing so would actually be detrimental to you in that it would reduce the number of days you can legally be in Brazil should exit and re-entry ultimately become necessary.

5.  Yes, you will need an "outbound ticket", which can be to any of the surrounding South American countries that you may legally enter (throw-away bus tickes are quite common, but legal).

6.  If you qualify for Permanência definitiva com base em união estável then this will likely be your cheapest, easiest and best alternative. The relationship must be of at least one year in duration, provable and meet all the criteria. Under the new Permanent Visa procedures it is a "one-stop-shopping" exercise now, you do everything all at once. You apply for permanency,  register in the RNE and apply for the Cédula de Identidade Estrangeiro all at the same time. Permanency is granted on the spot if all the paperwork is present and in order, and you only need to wait for the CIE to be produced. Your passport gets stamped as "Registrado como Permanente".

It states right in the Ministério da Justiça website regarding permanency that;

"Em regra, somente podem requerer a permanência definitiva no Brasil, estrangeiros em situação migratória regular. No entanto, nas hipóteses em que restar confirmada a inexpulsabilidade do estrangeiro (ser genitor ou cônjuge de brasileiro) - Art. 75, II, “a” e“b” da Lei 6.815/80 – poderá ser afastado o requisito da estada regular, tendo em vista o princípio Constitucional de Proteção à unidade familiar."

"As a rule, only foreigners in a regular migratory situation may request permanency in Brazil. However, in the hypothesis in which it is proven the inability to expel the foreigner (being the parent or spouse of a Brazilian) - Art. 75, II, “a” e“b” of Lei 6.815/80 – the requirement of a regular stay can be waived, in view of the  Constitucional principle of Protection of the family unit."     (Art. 226 of the Constitution) 

So yes, you can apply at the same time and you cannot be expelled or even "invited" to leave Brazil. Get all your documents for a normal VIPER application ready ASAP and go for it. That's your best alternative of all.

Cheers,
James           Expat-blog Experts Team

Thank you James for such a speedy response. It has done much to put my mind at rest.

The original investment entered the company bank account and was then paid out as the final payment on my house, which was to be a pousada in the name of the company.  As I shall be going ahead with the união estável process I do not think that company will concern me any more, and I certainly do not want to start another process with the other trading companies.

I am British so I should have no problems entering again on a tourist visa.

So my plans now would be to keep my February 10th appointment when I may discover that the business visa has been cancelled, and on that date commence the união estável process. My understanding of your reply is that, if everything is in order at that stage that process will be dealt with there and then, and I shall not need to leave Brasil

Just two more questions. Will I have to pay the R$8.28 Multa per day from December 16, when my visa extension ran out ?  Secondly, I have a flight booked to Recife next week. Will I be able to board as my RNE has expired, and my last entry into Brasil was in September 2013 ?

Once again, thank you, I have learned so much from this site, and particularly your contributions.

You might have a problem depending on the Airline, but probably they're only going to look at the ID page of the passport. You could always try just the CIE and say that your new one is in the works. If you can't dazzle them with the truth, then baffle them with BS I always say.   

Regarding the fine, it's so small and capped at a max. of 100 days it's hardly worth worrying about. But yes, they'll calculate it based on your VIPER expiry date. The good news is that if you have to exit and re-enter the overstay IS NOT counted in the calculation of your tourist stay, different category visas....... so there's a bit of a silver lining in every dark cloud.

Cheers,
James

Thanks again, James. If you are ever in Fortaleza please contact me and be my guest for dinner.

Just one other point arises out of something you said on another thread, that a permanent visa based on união estável does not carry an automatic right to a work permit. I have no intention of looking for a job, but wondered how this will affect my investment in the company that runs my shop. Can I remain sole proprietor ?  Can I draw a salary or just dividends ?

Should have no effect at all, and now under the new process even under stable union applications permanency is granted immediately, so the old rule about the work permit for those applicants has gone out the window. You can apply for the Carteira de Trabalho as soon as the application for permanency is accepted and your passport gets stamped to reflect that you're registered as permanent.

Just one follow up question. It would appear that the PF have to accept the opening of my new process based on my marriage. Does that apply even though I am applying on the basis of união estável, and not on a civil marriage ?

Any ideas on this last query, please ?

You are better off applyiing based on marriage, the process is less complicated

Yes, I know, but my wife may lose her widow's pension if we have a civil marriage. Do they have to treat the stable union in the same way a marriage as far as not requiring me to leave and enter if and when they reject my business visa status ?

The stable union permanency application is handled in almost exactly the same way as the marriage based application is. In fact, now under the new procedures I believe that they even grant the permanency on the spot just as they now do with marriage based applications. So go for it, it's obviously going to be better since it won't cause any financial problems for your wife.