returning to Brazil

8POSTS

11 years ago

hello guys! really hope for your help here, cause i couldn't get any help neither from the embassy of Brazil in my country nor from anywhere else...
the situation is this: i was living in Rio for last two years and was trying to get my permanencia because of uniao estavel that i used to have with my partner, i was trying to get it with Ministerio do Trabalho, because of some issues and job i had to leave Brazil this year in January, when i was passing through customs i got the stamp of leaving Brazil and woman made a note with the pen saying "90", i guess that means 90 days that i can be out of Brazil, if don't want to loose my application for permanent visa... later things went unpredictable way, because of job and university and family issues i got stuck outside Brazil until now, the limit of 90 days i could be out of the country are over and even more, my partner said he found out his new love and we got separated... the question is easy: because of all that things how and when i'm able to return to Brazil with being sure that i will not have any problems on the customs and can cross them?
i'm not sure what my partner made with the uniao estavel, cause we actually don't talk anymore, can the uniao estavel be annulated or smth like that? and anyway, if i'm out of the country for more than 90 days already that means my application for permanencia is already annulated and i can return back to Brazil only in the status of tourist, right?
and if so, can i be back to Brazil in September-October if i left it in January? by the way i should say, i'm Russian citizen and according to the immigration laws i have 90 days of visa free stay in Brazil during each 180 days in a year...
i really hope for your help guys
thank you

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danilazhukov New member

8POSTS

11 years ago

thank you Claudio! i understand about that and actually don't care about that too much... but i care about the date when i can be back to the country, not to have problems on customs!
according to the law i have 90 days visa free as a tourist in a half a year period and 180 days in a year to stay in Brazil...
if i left Brazil in January can i be back at least in a tourist status in September-October?
this i try to understand...

and thank you one more time for the answer

James ViP

11272POSTS

11 years ago

Hello danilazhukov,

It depends on what category of visa you were on in Brazil before you left. If you were here on a VITEM-V Work Visa then you can come back into Brazil right now as a tourist just on your passport. Any different category visa does not count against your tourist stay.

If you were actually here working while in the condition of tourist, be aware that is illegal and can get you in real trouble, you will still be able to return as a tourist in September - October, no problem.

Cheers,
James Expat-blog Experts Team

danilazhukov New member

8POSTS

11 years ago

thank you for your answer James
no i wasn't in Brazil on visa, as well as i'm a citizen of Russia i can stay in Brazil for 90 days in each 180 days period in a year (or 180 days in year) without any visa, so i just pass the customs with my passport and get the stamp of passing the border...
i came to Brazil as a tourist first, stayed 90 days, then prolonged my stay in Policia Federal for another 90 days, to the end of this period i already had Uniao Estavel and applied for the permanent visa in Ministerio do Trabalho...
while you are waiting for the decision about your permanent visa you are totally legal on the territory of Brazil, the fact that i was leaving and entering the country traveling around the world being in a process proves that...
then in January this year i left the country being still in a process for the permanent visa, that's why i got this note from the custom officer saying that i can't stay outside the country for more than 90 days...
so i wasn't illegal any day of my stay in Brazil, and i've never worked legally or illegaly there...

so as i supposed i will be back to Brazil in a tourist status now, and i really can be back to Brazil in September-October without having any problems on the customs, right?

thanks

James ViP

11272POSTS

11 years ago

Since you have already used all 180 days for the year (calculation is base on your "first ever" date of entry to Brazil) you will need to wait until the anniversary date of your first entry to be entitled to enter again for a full 180 day stay.

If for example your last date of departure, went into your "new" year of stay entitlement, and lets say you were in Brazil for 20 days in that "new" year, then when you re-enter Brazil you would be issed a visa (and the stamp that they put in your passport actually is a visa, BTW) that would only allow you to stay in Brazil for a period of 70 days. They would subtract the 20 days you had already been in Brazil in that year.

Cheers,
James Expat-blog Experts Team

danilazhukov New member

8POSTS

11 years ago

yes i know this rule James, but knowing it doesn't make it easier for me to understand it, so if you don't mind i would like to ask you some more questions cause there are some things that i still want to understand...
my first ever entry to Brazil in a tourist status was at 16 January 2013, i stayed one month (30 days), then i returned back to Brazil at 22 April 2013, and stayed another 60 days(so 90 days all at all), then when the visa free limit of 90 days was going to be over i went to Policia Federal and prolong my stay for another 90 days, at the end of this second portion of 90 days i already applied for permanent visa because of uniao estavel, so as i understand i wasn't already in a tourist status in the country.. if so, then how these limits of staying are counted??? if i wasn't a tourist all that two years that i spent in Brazil since 2013 till the January 2015 when i left Brazil the last time, then how do the rules for tourists can work for me? these are the things i can't understand and connect between each other...
i really would like to be back in Brazil at September-October this year, but i still can't understand will i be able to do that or not;(

thank you one ore time for attention and help

James ViP

11272POSTS

11 years ago

Sorry, I misread your original message since you didn't use exact dates and got it all screwed up.

Yes, of course you're going to be able to re-enter Brazil without any problems in September. Sorry about the mixup.

Cheers,
James Expat-blog Experts Team

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danilazhukov New member

8POSTS

11 years ago

it's difficult to understand the whole situation on the internet cause it's really impossible to describe all the details in the one message and it leads to misunderstanding, so don't worry James! i really appreciate your help and advices! thank you!