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VIPER Visa with Criminal Conviction

Hi Everyone,

My first post :)

I have read a number of posts searching for the answers but couldnt find the exact answers I am looking for as it is a bit of a unique situation so hopefully someone can provide good advise/info.

I am Irish and have been living in the UK for the past 6 years with my Brazilian wife of 5 years.
We are currently in the process of registering our wedding cert in the Consulate in London. This should be done in the next 2-3 weeks.
We are looking to move to Brazil at the end of 2018/2019.

Now, this is where it gets interesting... I committed a licensing offence (selling a produce without a license) after a warning and am due to be sentenced later this year. I have been told that it is most likely going to be a suspended prison sentence/non-custodial sentence where actual prison time will not be served OR at best, a community order BUT either way, I am going to have a criminal conviction.

My questions:
1) From what I understand and have been told by my wife, it is very difficult to get a job in Brazil with a criminal conviction. Is this true and is it different for people who committed an offence outside of Brasil and/or does it expire after a period of time?
2) Is it difficult to get a visa, either before I have been sentenced (pending prosecution on my criminal conviction) or 1 year after if I am married to a Brazilian?
3) If I get a visa accepted before I am sentenced and the criminal conviction says 'pending prosecution' or 'charged with X', is that my criminal conviction in Brazil or does it update regularly OR does this even carry over to Brazil/is it visible within the Brazilian system?
4) I understand that there are two ways in which I can apply for a permanent visa. The first is that I can apply outside of Brazil before I move. For me this would be UK. The second is that I wait and apply there. From what I have read it is pretty quick in UK to issue/reject BUT that I have 'check in' in Brazil within 1 year of the start date of the visa yet in Brazil it can take 1-2 years but I can work and live legally in the interim. The only difference is that I have to declare no convictions (or is this just for US citizens?) or provide my criminal record. Given my situation, is one option easier than the other or would one option discount my conviction? I am guessing no but asking just in case.

A lot of questions, I know, so thanks in advance.

Aaron

nuro1999 :

Hi Everyone,

My first post :)

I have read a number of posts searching for the answers but couldnt find the exact answers I am looking for as it is a bit of a unique situation so hopefully someone can provide good advise/info.

I am Irish and have been living in the UK for the past 6 years with my Brazilian wife of 5 years.
We are currently in the process of registering our wedding cert in the Consulate in London. This should be done in the next 2-3 weeks.
We are looking to move to Brazil at the end of 2018/2019.

Now, this is where it gets interesting... I committed a licensing offence (selling a produce without a license) after a warning and am due to be sentenced later this year. I have been told that it is most likely going to be a suspended prison sentence/non-custodial sentence where actual prison time will not be served OR at best, a community order BUT either way, I am going to have a criminal conviction.

My questions:
1) From what I understand and have been told by my wife, it is very difficult to get a job in Brazil with a criminal conviction. Is this true and is it different for people who committed an offence outside of Brasil and/or does it expire after a period of time?
2) Is it difficult to get a visa, either before I have been sentenced (pending prosecution on my criminal conviction) or 1 year after if I am married to a Brazilian?
3) If I get a visa accepted before I am sentenced and the criminal conviction says 'pending prosecution' or 'charged with X', is that my criminal conviction in Brazil or does it update regularly OR does this even carry over to Brazil/is it visible within the Brazilian system?
4) I understand that there are two ways in which I can apply for a permanent visa. The first is that I can apply outside of Brazil before I move. For me this would be UK. The second is that I wait and apply there. From what I have read it is pretty quick in UK to issue/reject BUT that I have 'check in' in Brazil within 1 year of the start date of the visa yet in Brazil it can take 1-2 years but I can work and live legally in the interim. The only difference is that I have to declare no convictions (or is this just for US citizens?) or provide my criminal record. Given my situation, is one option easier than the other or would one option discount my conviction? I am guessing no but asking just in case.

A lot of questions, I know, so thanks in advance.

Aaron

Hi there Aaron
Ok the way i see it
1) you dont need a Visa to come to Brazil, for 90 days
2) befor the 90 days is up you extend for another 90 Days. thats cost but not much
3)  when you apply for the permanente visa, and because your married to a Brazilian, you dont need to show your police records anymore. your wife just sign a letter saying your a good person
4) theres no work here for Brazilians at the moment, and even less for none Brazilians,,
spanishpeter

I had a few run in's with the Law (lol) and had some of the same fears.
I came to Brazil and had the same worries.
Got married followed Spanishpete information, made a declaration and the wife said I was a "Good Boy" and all is well.
I bought what the USA calls a FBI  (Federal Bureau of Investigation ) background check,
was never asked for it.( I have no idea what it says, for I never opened it for fear (lol)
I now have permanent residence through marriage.
Spanishpete is correct about work here in Brazil.
maybe by the time you arrive there will be a new government in place and perhaps they will as Pete says "Up the Workers".
Brazil is in a recession and one must be prepared for the economy is not in the greatest shape.
Wish you well in your quest to relocate.
I think if there was a real problem the London Consulate maybe able to anwser the question and then you will know before moving.
As far as I can see if your not a Politician you should be okay(smh)

Alascana :

I had a few run in's with the Law (lol) and had some of the same fears.
I came to Brazil and had the same worries.
Got married followed Spanishpete information, made a declaration and the wife said I was a "Good Boy" and all is well.
I bought what the USA calls a FBI  (Federal Bureau of Investigation ) background check,
was never asked for it.( I have no idea what it says, for I never opened it for fear (lol)
I now have permanent residence through marriage.
Spanishpete is correct about work here in Brazil.
maybe by the time you arrive there will be a new government in place and perhaps they will as Pete says "Up the Workers".
Brazil is in a recession and one must be prepared for the economy is not in the greatest shape.
Wish you well in your quest to relocate.
I think if there was a real problem the London Consulate maybe able to anwser the question and then you will know before moving.
As far as I can see if your not a Politician you should be okay(smh)

[b ]i never used any of the consulate services in London................, i brought everything here with me apart form the police back ground check,and did eveything here, i had the back ground check sent to me here in brazil, i got everything translated here and took it with me to the fed's here, The Feds did not even look at the police back check, and everything was ok
and the rest is history[/b]

Hi guys,

Thanks for coming back to me.

When you say that my wife just needs to say that I am of good character, does this mean she signs a form saying that I do not have any previous convictions? The declaration which I read about the below. Is this no longer applicable?
"The Consulado is going to insist on the check, whereas the Federal Police in Brazil will only require it if you actually have a record. In absence of any criminal convictions they will give you a Declaration (Declaração Sob Pena da Lei de Não Condenação) that you can fill out and have notarized at the Cartório."

@ Alascana - you say "Got married followed Spanishpete information, made a declaration and the wife said I was a "Good Boy" and all is well" Does this mean that you made the Declaration mentioned in the paragraph above which you are saying you do not have any previous convictions?

@ SpanishPete - you say that I can extend to another 90 days. Is this necessary? Could I not do it in 90 days? Also, how do you get an extension and how much does it cost?

Another question I have: If I register for my visa before I go to Brazil, I have been told that I "need to enter Brazil within 1 year of my visa start date and upon first entry, I have to register with the Federal Police. If i leave the country before the registration process is complete (issue of RNE card etc.), you may have issues returning. We suggest you contact the Federal Police for details (http://www.pf.gov.br/servicos-pf/estrangeiro). The best practice is to apply for the Permanent Visa when you are ready to move to Brazil." Anyone know how long this process takes?

Finally, Is it true that if you are married to a Brazilian that you cannot be denied a visa? Whether it is a permanent residence visa or not.

Really appreciate the insight here guys.

Muito Obrigado!
Aaron

I signed something??? Yet I am not sure what it was, nor do I care, for unless it's something really bad you might want to consult with a attorney for each case is handled differantly.

I live in the Northeast and they were more impressed as to why I chose to Live in Brazil especially in these times for they think North Americans have a money tree and it's all about money.

As I said it isn't for everybody and maybe I got lucky.

I know I had pleaded "No Contest" was put on probation and ordered to furnish the state with a report and I never did and one day I just frickn packed my bags and moved to Brazil.

I think if you Google Criminal Convictions and Brazil Permanent Residency you may find the anwser.

Short of Murder one shouldn't have any problem, I want to think.

my information not gospel, yet if you really want it throw money at it and that way you will know the real deal.

as for me I think most of my stuff was misdemeanor and petty crap.

it seams to me, Its ging to make everything so much easy and simple if everything is done in Brazil,,,,, you should get your problems delt with in the UK, and then come to Brazil and wing-it here with the Fed police , i dont know if there in contact with the UK to check things or what, to be hounest i dont think they care. they just want the Money
But as ive said, dont come to Brazil and think your going to find work, its not Impossibable for some expat's, to find work, but 99% dont, the only way is to start your own business and build on it, but its going to take alote of time

Alascana :

I signed something??? Yet I am not sure what it was, nor do I care, for unless it's something really bad you might want to consult with a attorney for each case is handled differantly.

I live in the Northeast and they were more impressed as to why I chose to Live in Brazil especially in these times for they think North Americans have a money tree and it's all about money.

As I said it isn't for everybody and maybe I got lucky.

I know I had pleaded "No Contest" was put on probation and ordered to furnish the state with a report and I never did and one day I just frickn packed my bags and moved to Brazil.

I think if you Google Criminal Convictions and Brazil Permanent Residency you may find the anwser.

Short of Murder one shouldn't have any problem, I want to think.

my information not gospel, yet if you really want it throw money at it and that way you will know the real deal.

as for me I think most of my stuff was misdemeanor and petty crap.

Alascana

And there's me thinking you were or was a pillar of the community and now i find out your a bad boy

Good on you Young man

The only way i could ever be a pillar of the community, Is if i was "Beried" in a column of a flyover

Spanishpete,  don't let the clean look fool you  (lol).
I talk a good game, some days I win, some I lose.
Today was a good day.
When I open my FBI background check I won't share (lol)
My pillar didn't have the right mix, I think a little to much calcium and to much rock, yet my facade is absolutely flawless and a coat of fresh paint will cover the rust spots.
other than that 'How's your Day'. (lol)

Thanks for the further info guys.

@ SpanishPete - you say to "wing-it here with the Fed Police" and that "they just want the Money". When you say 'wing-it' do you mean hope for the best AND declare or not declare and hope for the best? I think I read that that can lead to a conviction which I obv want to avoid. And when you say they just want your money, is it expensive? I thought it was quite cheap.

Thanks again

Oi/Hi,
I copied this link and If  you follow it there is more information.
I am also including links to 2 articles that maybe of use or help you with your immigration.

https://www.google.com.br/search?client … &dpr=2

https://www.angloinfo.com/how-to/brazil … ligibility

https://www.angloinfo.com/how-to/brazil … ligibility

Hope this helps.

nuro1999 :

Thanks for the further info guys.

@ SpanishPete - you say to "wing-it here with the Fed Police" and that "they just want the Money". When you say 'wing-it' do you mean hope for the best AND declare or not declare and hope for the best? I think I read that that can lead to a conviction which I obv want to avoid. And when you say they just want your money, is it expensive? I thought it was quite cheap.

Thanks again

Hi there
Then i say they want the Money, i dont mean "a Bribe" what i mean is the payment for the proese
When i say "Wing it" i mean take a chance,,,
when i apply for my permanente visa, we went to the federal police nearest to where i lived at that time, we gave them the filled out froms and everything,,, they looked at everything and said it was all wrong,, then told us we had come to the wrong city, and they could not proese the from's
so we went to another city, the next day,,,with all the froms as they were in the begging,, this time everything was good, and proses the froms,,,,,,,, what Iam saying, one federl police building is diffrent from another, to be honest, some of  then dont really know what there doing, or really care

The federal police, in brazil do a good job, but there over worked, under paid, so they let things slide, with the papperwork,,, Expat's are good for this country, so they want most of us

Thanks for all the imput guys.

The one question I had was, IF I decide to apply for my VIPER visa in the UK, I need to register with the Federal Police within 30 days of arrival and complete the registration process.

1) Can anyone confirm what this registration process is and what it includes? I know it includes the RNE but does it also include the CIE card or others?
2) How long does this take form the day I arrive and do I need to wait for them all? I hear RNE is done same day but does it take long to get an appointment? Do I apply for CIE same day as getting my RNE number and can I leave before getting this? Is the CIE posted to my Brazilian address?
3) Can I leave the country after the registration process is complete for a few months before returning to live permanently?

Thanks!

nuro1999 :

Thanks for all the imput guys.

The one question I had was, IF I decide to apply for my VIPER visa in the UK, I need to register with the Federal Police within 30 days of arrival and complete the registration process.

1) Can anyone confirm what this registration process is and what it includes? I know it includes the RNE but does it also include the CIE card or others?
2) How long does this take form the day I arrive and do I need to wait for them all? I hear RNE is done same day but does it take long to get an appointment? Do I apply for CIE same day as getting my RNE number and can I leave before getting this? Is the CIE posted to my Brazilian address?
3) Can I leave the country after the registration process is complete for a few months before returning to live permanently?

Thanks!

From the best of my memory it all starts with the FP and from there you move the CPF process followed by the RNE process .
We waited till the FP did there thingy for one never really knows the process for me it took maybe 4 trips to process and pick up my RNE for either a document was not correct or needed more information (like a copy of each page of your passport notorized)  it took 8 trips to Detran for my drivers license and why does Brazil want another Senior as in age on the roads (beats me).
Each local office is differant for, I flew in got married and started the process so it took me about 6 months to have all documents necessary to Live in Beautiful Bureaucratic Braziil,

I was able to leave the country during my initial processing of my FP approval document based on marriage it was to attend my mom's funeral so I was able to check with the FP who is a neighbor and all it required was my passport being  stamped "Permanente" and the document that the FP gives you as your waiting for your RNE to be processed just check with the FP and they will guide you on yes or no about leaving before your documents are complete.

The document also serves for the airlines as for myself the airlines where trying to make me buy a Three way ticket a Round trip for travel to the states and and back a ticket for leaving Brazil for one must show travel from Brazil so the document from the FP and the passport cleared up the Airline problem.
I happened to get a agent and we will not name the airline who was Brazilian and living in the US married for 10 years to a Norte Americano and she proceeded to tell me the rules on ticketing and I was like you don't know the rules and she was like I do know the rules so that was a lesson in futility so I called back the next day as time was immeninent for my mom's services and got a new agent and was ticketed in 15 minutes, my first encounter with the Brazilian agent took 90 minutes,  glad it was toll free.
And  airline was gracious enough to credit my ticket for the unused portion of my original ticket to Brazil for at the time I was not married and I had to produce a ticket for return to the US and I had wrote the return off as a lose.
I would have also been able to schedule my original return for a later date such as a year and have it credited for a round trip for future use.
God Luck with your quest.

What you sign is a declaration that the PF has for you. It says you do not have a Criminal Record in Brazil or abroad. You sign it in the presence of the PF Agent. He takes it back and it goes with the rest of the paperwork.

Jim

jland912 :

What you sign is a declaration that the PF has for you. It says you do not have a Criminal Record in Brazil or abroad. You sign it in the presence of the PF Agent. He takes it back and it goes with the rest of the paperwork.

Jim

Diferente crimes, on your Criminal record 'have' expiry dates,,, and as far as English law go's, after "it" expir's it can never brought up againe, even in court

I don`t know about English Law. Someone asked about the document the PF have you sign and that is what I was refering to.

Jim

Yes i know that,,, do the Fed police want to know everything that someone might of done in the whole of there past, or Criminal Record from there country there comming from,

The declaration states that you do not have a criminal record in Brazil or abroad. I had my criminal record from the USA when I did mine in 2014. The agent handed it back to me and gave me the declaration to fill out and sign. I would say they want your record from everywhere which is what abroad would mean.

Jim

jland912 :

The declaration states that you do not have a criminal record in Brazil or abroad. I had my criminal record from the USA when I did mine in 2014. The agent handed it back to me and gave me the declaration to fill out and sign. I would say they want your record from everywhere which is what abroad would mean.

Jim

I had 2 criminal record checks, the first one, was to old and out of date for Brazil, but that one had criminal conviction on it, so i had to ordered another one, the second one 9 mouths new than the old one came with with out the conviction on it,
I took both to the fed police, and they did not want to see anything,,, they told us, that because i was married to a brazilian i did not need them,,,,,,,,,, they just did not care,,, what was great,,, but as ive said, under english law, if theres nothing on your  "criminal record check" then you dont have to tell anyone nothing

jland912 :

The declaration states that you do not have a criminal record in Brazil or abroad. I had my criminal record from the USA when I did mine in 2014. The agent handed it back to me and gave me the declaration to fill out and sign. I would say they want your record from everywhere which is what abroad would mean.

Jim

i for got to say my one was done 06/2014 so about the same time as your's
Jim  :heart:

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