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LikeMike101

Now I don’t know all the details, but my lawyer submitted a specific protocol to allow me to stay in brazil even after I obtain my visa, without having to pass through the consulate.

My position is that I’m supposed to leave in three weeks (since it’s been 3 months). However if the analysis of my process extends to after my three month allowance... am I able to stay until I receive my protocol number? This has been rather unclear and would like to confirm with you guys/gals if I am able to stay or not.

Also, I have no option to extend my visa for 3 months because of my Belgian passport.

Does anyone have experience with this protocol?

Thank you,
Michael

stanza51

Hi Michael

I am unsure of which process your lawyer is getting your paperwork submitted through.  However a protocolo from Policia Federal is usually issued when the person has a right to stay in the country. 

If you got the protocolo already then you do not need to extend your visa.

Just to clarify, did you visit the Policia Federal along with your lawyer already?  Or is it a case where the lawyer has made an online application and has set up an appointment for a specific date when you are supposed to visit the Policia Federal in order to move forward with the submission of your documentation.

Awaiting your reply

Regards

Stanza

LikeMike101

Yeah it appears i misspoke, as I don't have a protocol number. This is the case where she made an online application... is there still a possability to do the application in person? I was under the impression everything is processed online now.

However what my lawyer did say is that she had to specify if i would be in Brazil during the process. Now three months have almost passed and the process still isn't finished.

With my belgian passport I'm not permitted to extend my tourist visa for an additional 90 days, but now I'm hoping I'll be able to go around that somehow and get permission to stay for me to finish my process.

Thank you,
Michael Mazor

LikeMike101

Additional question; How does one prove previous work experience? simply a signed work contract?

Thank you again,
Michael

abthree

Michael,
On your visa question, my next move if I were in your place would be to go see my lawyer bright and early on Monday morning and say, "Let's go, the two of us, over to the Federal Police today and find out exactly what my status is."  That should prompt her to some kind of action, if only to provide you with more complete information.
On your second question, a signed contract generally is proof of a job offer, not job experience.   Why do you feel you need to prove work experience?

LikeMike101

That’s part of the problem, where I’m in a small town and she’s working out of Brasilia.

Because my process was halted as they are requesting proof of one year experience in the area of what I’m going to be doing here (even though I have a work contract, it shouldn’t be the governments business to decide if they want someone with experience or not). Apparently this is something new that is required.
The problem is I won’t have enough time to finish this and have everything analyzed in the time I have left here. This problem is quite large as my father has invested a large sum of money into a company here that is already paying salaries for almost two years... but if I can’t be here to watch over it it’ll all end.

I’m starting to consider doing some civil union with my girlfriend here to gain permanent residency... or is it not as easy to do this as I’m imagining?

abthree

Michael,

Who is asking for proof of experience, the Labor Ministry?  They have to approve all work visas, and they're required to satisfy themselves that you won't be taking a job that a willing Brazilian could do.
As for proof,  ask your attorney whether the combination of your CV and letter(s) of reccomendation from one or more past employers will do it.  If the letter route is viable, make sure the letters are in English or French:  you will need sworn translations, and I've been told that there are no sworn translators of Dutch/Flemish in Brazil.
If your process is stopped pending Ministry of Labor approval, then the clock on your visa is also stopped, and expiration is not an immediate issue.  You and your attorney really need a plan for going forward, though.
As for setting up a união estável, sure, if you two are committed to each other.  You'll need a lot of documents from home that you may not have with you, you'll need to make a legal declaration with your partner in a cartório, and you and she will probably need to convince the Federal Police that it isn't all just about the visa. (Ahem! 😏)

LikeMike101

I guess it has to be the ministry of labor, we just get the status online from some immigration website. Yes I need to find out what is considered credible proof for them. I already had documents translated here, so that shouldn’t be a problem.

Are you saying there is a direct link to the tourist visa and applying for a work visa? If you could provide some more details about this that would be helpful, since my lawyer is not...

Hmm well depending on the document it shouldn’t be too difficult to have them sent here... and I’ve been with her for a year and a half so that shouldn’t be a problem.

Is there any possibility for me to take my ‘case’ to some authority and explain that there is a business here already running invested by my father, that I have no criminal record and wish only to be able to stay and be able to keep things in control?
On Monday I’m going to speak to the boss of my lawyers firm and explain the redoculousness of her actions, and either be given someone who is hopefully more professional, or cancel the contract all together and look for a much better lawyer...

For the record, thank you very much to taking your time to discuss and provide me with ideas for moving forward. It’s so so so appreciated.

abthree

Michael

The usual way to obtain a work visa is to apply for a VITEM V visa while still in the country of origin; being the "usual" way, it's the way that Brazilian officialdom finds easiest to handle.  My interpretation of your posts is that you created the link:  you came in on a tourist visa, and are trying to change your status to that of having a work visa after the fact.  That's probably possible but, being unusual, is more complicated.   You're wise to be working through an attorney:  unusual requests here always go better with a Brazilian advocate.  If I've misinterpreted what you wrote, feel free to clarify. 
Good idea to talk to your lawyer's boss.  This is a high-touch society, so face to face is always better, but if distance makes that impossible, a phone call is better than email or letters.  Keep in mind, though, that Brazil's is an extremely conflict-averse culture, with a strong vein of xenophobia hidden under the sunny exterior.  Going in as a foreigner, accusing a colleague of lack of professionalism, and making threats will probably make enemies in a situation where what you need are friends.  Better to thank him/her profusely for their assistance to date, but explain that you're deeply concerned with your situation, your attorney may be too overloaded to keep you informed and to keep things moving, and that it is extremely important to your family to resolve your situation as quickly as possible; then ask the boss what s/he suggests.     If you don't like the suggestions, you can thank them, end the conversation cordially, and look for other representation.  If you do, you can set up some goals, communications milestones, and deadlines.

LikeMike101

You haven’t misinterpreted, my lawyer explained that it needs to be mentioned if and when I’ll be in brazil during the process. However this seems pointless if I can’t resolve my case within my three month allowance. We’re going to talk to the company today and resolve this situation with the lawyer and see what happens. They are a large firm so I believe they will try to rectify the situation somehow, but it’s true what you say about the culture. I certainly don’t want her to harm my case somehow, but she seems to already be doing that.

abthree

Sounds like you have good resources lined up to resolve this.  Good luck!  :top:

stanza51

Hi Mike

Apologies for the delay in replying.

Please note that majority of the lawyers here are not that well versed with immigration law.  Yes they have a degree however except for a handful of attorneys, majority of them have experience with domestic and criminal cases more than immigration or work visa related matters.

That being said I am not sure if your current attorney has any experience with a similar situation to yours in the past.

What I would suggest is that you figure out which office is responsible for your documentation and make time to take a trip down with any friends or staff of yours who can assist or act as an interpreter for the time being.

Am sure you will be able to get the basic answers that you require in a faster manner and can take things further from there.

Best of luck and do keep us updated :)

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