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Applying for permanent residence in Brazil. Tourist Visa expired.

Nawii81

Hi everyone,

Couldn't find an answer to my exact situation so thought I'd post the question here.  Feel free to send me a link if this has been answered somewhere else before.

I'm married to a Brazilian and we are currently in Brazil.  I came in on a tourist visa I've been here 6 months and the Visa has now expired.  Am I still able to obtain a partner visa whilst here, or will I have to leave Brazil to apply?  Also if I leave Brazil will I have to stay out for 6 months or will different rules apply?, as I wont be applying for a tourist visa again.

Any advice or feedback from people that have been in this situation would be much appreciated. 

Thanks,

See also

Work permits for BrazilThe Working Holiday Visa for BrazilGeneral visa requirements for BrazilDigital Nomad Visa RenewalRush Appointment for Federal Polícia?
jland912

Since you are married to a Brazilian they can't make you leave, however you will need
  current documents from your home country such  as Birth Certificate.   Also check out these links   Go to PF website to get the latest list.   http://www.pf.gov.br/#anavigation  Also see  https://www.expat.com/forum/viewtopic.php?id=403321

spanishpete

and pay the fine

Nawii81

Thanks for the reply guys.  I'll make sure to get all the documents I need.
When I go to the PF to apply for my partner visa do I just show them my marriage certificate in order for them to not kick me out?  Regards

spanishpete

your document need to be translated, before you go there I think

Nawii81

Thanks for the tip, my wife is helping me with most of the documents (and taking them to an authorised translator), she was just unsure about the whole 'having to leave the country if visa is expired' thing.  Was worried we would arrive at the federal police with all our documents and then I'd be told to leave.

JMcL

I've heard several first-hand stories about arriving at Policia Federal with an expired visa and, although they can detain someone with an expired visa, they almost always tend not to.  Example: A Nigerian (who I know personally) went to Policia Federal to complain about some legal matter--i.e., to file a complaint against a Brazilian who he thought had broken federal law--but he was in Brazil under a now 4 months expired tourist visa.  Policia Federal told him that they could arrest him immediately, but they gave him three days to voluntarily leave the country.  So, he went back to Nigeria and it took him about 8-9 months to arrange a business investment visa.

I spoke about these cases with an attorney and he advised me strongly: No one with an expired visa should visit Policia Federal without speaking with an attorney first, and should not under any circumstances go unaccompanied to Policia Federal without an attorney.

Nawii81

Phew good to know.  I might hold off going until I'm ready to go back home for a bit anyway, and just chill out without the visa.  I'll let you all know the outcome.  From reading other threads seems having the visa doesn't count for too much anyway, considering the job prospects (or lack there of).