Spouse/dependent visa question

Are you sure you're talking about a VITEM-I visa for scientists, professors and reasearchers and not a VITEM-V Work Visa???? The reason I ask is that the VITEM-I is limited to those events with a duration of 30 days or less and the only income permitted would be an honorarium.

If you are actually thinking of a VITEM-V Work Visa then your husband will need to provide his Birth Certificate and Marriage Certificate along with your application in order to be included as a dependent (over 21). He would NOT be permitted to earn any Brazilian income. Telecommuting and working while temporarily outside of Brazil would be virtually impossible for the Receita Federal to track in any way, so I don't think that's going to pose any problems for you. He will not, however, be able to accept a payed job in this country.

Cheers,
James      Expat-blog Experts Team

thanks, james, this is really helpful. yes you're right, it will be a VITEM-V as its a two-year contract... still getting used to all the lingo! he won't be accepting any work from brazilian sources or accepting a job in brazil, he'll just be carrying on working for his UK clients, while being my "dependent" living in brazil. it seems like this kind of international web-based business is a bit of a grey area... we want to make sure our arrangement is legal but can't find any clarification on this from anyone official. thanks again!

It certainly is a gray area here in Brazil, especially when the money is earned and deposited offshore. There's absolutely no way for the Receita Federal to really know if it is income or savings you've had for years even if they were to discover it in the first place.

Most expats in that situation simply play it dumb, and don't file an annual DIRPF (Declaração de Impostos de Renda - Pessoa Física)  because they have less than the basic exempt income.

Just remember that ATM withdrawals are limited too around R$800 - 1000 per day with banks here, and international transfers of larger sums either to any bank account you may set up here, or via Western Union, etc., are subject to not only service charges, exchange rates, etc., but also a tax on financial operations.

Cheers,
James

thanks for the tip and advice - appreciated!

hi  james  this  is mandeep from india i married  few days ago with brazilian women in india and i also registered my  marriage in office   ,,, i  am  very  confuse  about  my  visa   what type  of  visa  i  apply will you help me   send  me your  number     i  am  very thankful  to you   
warm  regards  mandeep singh

Hello Mandeep,

You have two options:

1;  You can apply for a VIPER Permanent Visa com base em cônjuge brasileira, directly through the Consulado-Geral do Brasil in Mumbai or New Delhi, whichever has jurisdiction over your city and wait for it to be issued. Note that until you actually receive the visa you cannot enter Brazil even with another category of visa.

2;  You can apply for a VITUR Tourist Visa through the Consulado-Geral do Brasil and if you get one then you apply for Permanência Definitiva com base em cònjuge brasileira through the Federal Police here in Brazil.

In both cases the documents and requirements are all the same. Also note that your marriage there must ALSO be registered here in Brazil at the 1º Oficio de Cartório de Registro Civil in the state capital where you and your spouse will be living, or in Brasília - DF even though it has been registered at the Consulado.

Cheers,
James    Expat-blog Experts Team

sir  i understand   ,, but  first  what  i  do   me  and  my wife  direct  go to embassy  in new delhi  or  first  we  fill visa  form ........    we  marriage on 10th august  and  i registered  our  marriage on 11th august .......   i  am  trying  to  fill  visa  form  but  its  not  open     .. .please  sir   help me   ... my  wife  return  ticket  on 12 september    we   want  we  both  go  brazil

First SHE has to register the marriage at the Consulado-Geral do Brasil. Only she can do that. If it has already been done then as I mentioned you have two options.

You can apply directly for the VIPER Permanent Visa at the same Consulado, or you can apply for a VITUR Tourist Visa and then on arrival in Brazil you apply for Permanência Definitiva. In your case I would recommend applying there for the VIPER because from India, there is no guarantee that you would get a VITUR.

Either way, there is no way that you will be able to travel back to Brazil with your wife now. It will take a couple of months for either kind of visa to be issued.

Cheers,
James      Expat-blog Experts Team

HELLO  JAMES   I  APPLIED PERMANENT VISA   AND ALL MY DOCUMENTS  ARE COMPLETED  AND  I ALREADY GAVE  MY INTERVIEW  IN NEW DELHI  BRAZIL EMBASSY   AND  TODAY  I  CHECKED  MY  VISA STATUS AND IT SAY MY VISA WAS UN AUTHORISED  ........  AND WHEN  I QUESTION TO EMBASSY WHY THEY    REFUSED  MY VISA  ... IT  SPEAK  NOTHING   ...  PLEASE TELL ME FURTHER  STEPS  WHAT  I WILL DO

Hello Mandeep,

First of all please do not post messages here using Caps Lock, it offends most people on the internet because it is considered shouting.

Now to answer your question...

There is little you can do if the Consulado-Geral do Brasil will not tell you exactly your visa application was denied. Generally speaking applications are rejected because of missing documents, or statements made in the application that cannot be proven, or because of certain "unfavorable" circumstances in the personal background or finances of the applicant.

While there is a formal appeal process it does no good to appeal if the rejection was based on circumstances. You need to improve all of those circumstances and apply again at a future date.

Ask yourself the following questions, if the answer to any of them is NO, then that's what you need to change...

Were you legally married in your country (with both bride and groom present)?
Were both you and your spouse legally free to marry at the time (i.e. no legal impediment to marriage)?
Was the foreign marriage registered (by the Brazilian spouse) at the Consulado-Geral do Brasil following the wedding?
Are you free from any past criminal convictions or current criminal charges?
Is it clear that your marriage is not a marriage of convenience simply in order to obtain a visa?

Given that the Constitution of the Federated Republic of Brazil 1988 guarantees in Art. 226 "Special protection for the family unit," I find it extremely strange that your visa application was denied since you would have a Constitutional right to permanency in this country if you can answer YES to all of the above.

The only advice I can give you is that if you can answer YES to all of the questions above, and you still believe that your visa was denied unfairly then you should retain a lawyer experienced in immigration matters and pursue the case further with the Consulado-Geral do Brasil in New Delhi through the lawyer.

Cheers,
James     Expat-blog Experts Team

thank you very much james ......   we  apply  for  marriage certificate  in brazil embassy  new delhi  but  the  man who is dealing  with documents  on window  they told  us first when  i  get my visa then  we   will apply   further steps like registered  our  marriage in brazil embassy

The marriage must be registered at the Consulado BEFORE the visa application can be made. Sounds like either you misunderstood what you were being told, or the person at the Consulado doesn't know what he's doing.

Cheers,
James    Expat-blog Experts Team

hello james    i  am mandeep .. i married with brazilian  women and then we get  marriage certificate from brazil consulate in new delhi  in  india .. and then my wife went to brazil and submitted that document  in brazil cartio office  and then the office take that document  and give her new document .. with the help of that document she registered our marriage in brazil   and now  she make a document ,, the document speak she take my care and responsibility in brazil...    i want  to know  what  type of visa  i will apply { temporary  or  permanent } ..  what  type of  visa  is good for me,   please tell  me what type of  document of  we  need  before apply  my visa   and  one important question   how  much fund  i show in my account  .......    my wife speak me apply for temporary visa   ,  she speak permanent visa  is very difficult .....     i want  my police clearance certificate from my city jammu [ india ] but the officer speak she want invitation letter from brazil then they give me police clearance certificate ...   what is  invitation letter and what   is the format of that letter and how my wife make that letter  and from where ..please help me .. i  already enter my wife name in my passport ...  and is  it good  i add my wife name in bank account ... please  give me feedback

warm regards
mandeep

Hi James,

Hope you're still around to answer this.

I currently have a VITEM-V, and my girlfriend is coming out here in two weeks. I wanted to know the best/quickest/easiest way to get her as a dependent on my visa - I've been told that if we get a civil union at the cartorio we can then start the process, is that true?