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Inquiry: Working Visa transformation to Permanent Visa

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atysri

Hello James,
Good Morning.

I am Aty and working in an IT Company in Sao Paulo, Brazil. I came to Brazil on 21st September 2012 on work visa i.e. VITEM V that was valid from 21/09/2012 to 21/09/2014.

In order to get an extension to my visa,I applied for permanent visa (Transformação do visto temporário item V em permanente) in the Department of Federal Police, Sao Paulo on 18/08/2014.

Currently my Visa status is:

Nome:     xxxxxxxxxxxx
Protocolo:     xxxxxxxxxxxxxx
GMP:     xxxxxxxx
Data:     15/09/2014
Hora:     10:48
Recebimento:     NAO CONFIRMADO
Destino:     DPE/MJ
Responsável:     xxxxxxxxxxxxx
Despacho:     A DPE/MJ DESP 5291 DICRE/CGPI 15/09/2014


I humbly request you, please reply to following queries:

1- I went to the Federal Office to inquire about the status of my application, there they told that its under analysis. From the information given above, can you please tell me what is the actual situation with the visa proceedings with respect to "Despacho:     A DPE/MJ DESP 5291 DICRE/CGPI 15/09/2014".

2- As the visa is under process so i just have protocol, can i travel and stay for sometime in my home country? If yes, what could be the maximum duration that i can stay back in my country in continuation?

I apreciate your prompt reply. Thanks in advance.

Kind regards,

Aty

James

Hello Aty,

The consultation of process printout indicates two things:
a) They have the process in Brasília and it's being analysed (or it wouldn't be in the computer system at all), and;
b)  It is not ready for pickup at the Delegacy where you applied

When it is ready the line for "Recebimento" will change to CONFIRMADO.

Regarding travel outside of Brazil, with the protocolo you can be outside the country for a maximum of 90 days ONLY until the process is completed. You also need to make certain that your "PRAZO" indicated on the protocolo does not expire while you're away. You should apply for a "prorrogação" if it will expire during your absence.

Also travel outside of Brazil only on the protocolo presents some major problems with foreign airlines. Most don't understand what the protocolo even means and they insist on seeing a valid VISA that will allow you to re-enter Brazil, or they may not even allow you to board your return flight. The Federal Police here all know what it means, and you have no problems with entry on this end. Where things always go wrong is in the country you visited or your homeland and you're stuck there not able to leave. I really would not recommend travel at all until your process is completed if you can avoid it.

Cheers,
James     Expat-blog Experts Team

atysri

Hello James,
Good Morning.

Thanks for your prompt reply.
Your precise and elaborate reply helped in warding off my confusions to a large extent.
I am thankful to you for your kind services on this platform that really help people like us in getting the right clue and probable resolution to pending nagging issues.

For any additional help, I will certainly get back to you :-)

Thanks a lot once again :-)

Kind regards,

Aty

atysri

Hello James,
Good morning.

As mentioned earlier in my mail, I have been in Brazil since 21st September 2012 on work visa i.e. VITEM V that was valid from 21/09/2012 to 21/09/2014. I am working with an IT company in Sao Paulo.
My Visa expired on 21/09/2014 and thereafter in order to get an extension to my visa,I applied for permanent visa (Transformação do visto temporário item V em permanente) in the Department of Federal Police, Sao Paulo on 18/08/2014.
Recently, I have got a good job proposal from another IT company in Sao Paulo, I am keen to accept their offer and willing to change my present job.
But the issue is that my permanent visa is in process with the Federal Police having status "NAO CONFIRMADO" and i just have protocol with me.
Kindly suggest do i need to apply for a fresh working visa all over again so as to join another company or there exists some provision through which i can join the other company on the existing visa that is under the process with the Federal Police.

I appreciate your prompt reply. Thanks in advance.

Kind regards,

Aty

James

Hi Aty,

Your sistuation is more complex than my layman's knowledge permits me to give you an accurate answer.

The VITEM-IV Work Visa is issued for a specific employment contract, and under normal circumstances you need to apply for a new VITEM-IV Work Visa in order to take a new job.

That said, since you've already applied for transformation into Permanent, that changes the whole situation, but I don't know just how. I would imagine that would actually free you to take the job, but can't say for certain.

I suggest that you contact the Superintendência Regional do Ministério de Trabalho e Empregos - MTE, which is the agency responsible for issuing VITEM-IV Work Visas and ask them about your specific situation. I'm sure they'll be able to give you the answer you're looking for.

In São Paulo, they're located at:

Superintendência Regional do Trabalho e Emprego do Estado de São Paulo
Ministério do Trabalho
R. Martins Fontes, 109 - Centro
+55 11 3150-8106

Cheers,
James   Expat-blog Experts Team

atysri

Thanks James for your prompt reply.

Yes its true this issue appeared complex to me as well. But your kind suggestion certainly alleviated the complexity going on in my head and there seems to be a ray of hope probably in form of Superintendência Regional do Ministério de Trabalho e Empregos - MTE.
Lets hope for best.

Thanks again!!! :-)

Regards,

Aty

atysri

Hello James,
Good Evening.

This is with respect to your last email in which you suggested to contact "Superintendência Regional do Ministério de Trabalho e Empregos - MTE" for employment related issue.
Next week i am planning to visit to  "Superintendência Regional do Ministério de Trabalho e Empregos - MTE" but before going there I want to know from you that my Carteira de Trabahlo has also been expired on 21/09/2014 just like the visa and at the moment visa is on protocol status.
Kindly suggest if my "Carteira de Trabahlo" can be renewed on the basis of Protocol or not.
If "Yes" can you suggest the procedure to do the same.

Kind regards,

Aty

James

Hi Aty,

Since you are no longer with the same employer I can't really say with any certainty that the MTE will renew your Carteira de Trabalho e Previdência Social - CTPS. You can only hope that they will. Explain to them that you've applied for permanency, show them the protocolo and see what they say.

Cheers,
James    Expat-blog Experts Team

atysri

Hello James,
Good Morning.

Thanks a lot for your kind reply. I will contact "Superintendência Regional do Ministério de Trabalho e Empregos - MTE" and will update you as to what they have to say about the issues i referred to in previous emails.

Kind regards,

Aty

atysri

Hello James,
Good afternoon.

In continuation to the earlier email, I went to the "Superintendência Regional do Ministério de Trabalho e Empregos - MTE" as suggested by you. I want to update you about the same.
There the concerned person suggested me to get a Certification from Federal Police stating that my Protocol is under the process and on the same certificate Federal police should allot me some validity date (Temporary) so that same can be updated on my Carteira de Trabalho.
I applied for the aforementioned Certificate in the Federal police (Foreigners Section) and same was issued to me after a week.
On producing the Certificate from the Federal police to "Superintendência Regional do Ministério de Trabalho e Empregos - MTE" , my Carteira de Trabalho was renewed for next 90 days.
Further, they have told me that i can join and work with another company as well.

Kind regards,

Aty

James

Thanks for the update, it will help any of our other members who may find themselves in a similar situation.

Cheers,
James   Expat-blog Experts Team

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