Visa while on overstay?

06/11/23  Will any of this even be possible (marriage, any type of permanent visa) without leaving the country first? She is hoping that she can just pay the maximum fine of 10 thousand R$, or that it will be waived even. She is due to give birth in about half a year, and probably thinks this will make the process easier. How is the citizenship of the baby determined? Does it have to be born here in order to be Brazilian, if they’re not married?
-@Kurterino

This is another one of those good news/bad news situations.  First, the good news:

• If she hasn't already overstayed her visa, she is free to either get married at a cartório or apply for Authorization for Residency at the Federal Police, if she has the required apostilled documents with her, and has or can get Sworn Translations fast.  I know that's a slim chance, but I have to mention it.
• The child of a Brazilian is considered a native-born Brazilian, whether the parents are married or not, and wherever the child is born (full jus sanguinis), and a child born in Brazil is considered a native-born Brazilian, regardless of the citizenship of the parents (full jus solis).  The child's citizenship status in her country depends on that country's laws;
• If she stays in Brazil until the child is born, she almost undoubtedly will have to pay the fine, but she will be able to apply for residency as the mother of a Brazilian and can't be told to leave the country.  She should make sure to get the Statement of Live Birth and have a Birth Certificate issued based on it immediately; a lot of hospitals have a cartório on premises so mothers can take care of this before they leave.

So, now the bad news:

• If she's already in an overstay situation, she can't get married, she can't apply for residency on any basis on her own, and she can't settle her overstay on her own and remain in the country;
• From your description, she's from a country that has the EU-style agreement with Brazil, under which she can stay for 90 days in every 180 days with no extension.  If she's been here 90 days already and leaves, she'll have to stay out 90 days (not 30 days) before she can return.  If she's already showing by then, there's a possibility she won't be re-admitted to the country.
• If her child is born abroad the birth can and should be registered at the nearest Brazilian Consulate to guarantee the child's rights.  HOWEVER, if both parents are not Brazilian, then the Brazilian parent must be the one to register the birth in person at the Consulate, so she and her partner will have to contrive a way to get him there to make that work (your can see the requirements here, from the Brazilian Consulate in Rome:  https://www.gov.br/mre/pt-br/consulado- … -es-gerais)

In my view, her best bet it to get the representation of a competent attorney or agent ASAP to straighten out her visa situation.  That person may be able to work with the Federal Police and/or cartório to make residence as a Digital Nomad or marriage possible, and might even be able to do something about the fine.

Aside from that, there's not much left except to wait in Brazil for the baby to be born, and then to fix her status.  Getting the necessary documents from home with the help of friends and family there during the interim would be a very good idea.

Thank you!