VIPER permanent visa

Hi MoGee,

Not knowing your situation I'd say that I would have to agree with the information you got from the Embassy, you'll probably have to apply in Brazil. On the brighter side, it would most likely be a very rapid process.

Just so that I am clear on my understanding. Your child was born in Brazil and both you and your wife are foreigners. Is that correct?

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Yes exactly.

Hi again MoGee,

Brazilian Consulates worldwide issue permanent visas (VIPER) for family reunion purposes, foreign individuals who marry Brazilians or have stable relationships. I have never heard of a Consulate outside of Brazil issuing a visa based on having a Brazilian child. I truly believe that would be a kind of visa solely issued here. If you have read it on a blog somewhere that you are able to obtain the visa abroad then you should ask that person if they have actually done so.

It is clear that you and your wife will qualify for the permanent visa based on your child. Brazilian law operates on two basic concepts 'Jus Soli' and 'Jus Parenti', anyone born on Brazilian soil is Brazilian regardless of nationality of their parents or legal status in Brazil at the time of their birth. Also, anyone born abroad to a Brazilian national is considered to be a Brazilian citizen regardless of any other citizenship they may have by virtue of birth.

If you are serious about obtaining a Brazilian permanent visa then I would recommend that you come here on a tourist visa and apply for permanency during the allowable 180 stay. Once you apply for the permanent visa you may legally remain (and work) in the country until the process is completed.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Hello MoGee.

A new thread has been created from your message on the Brazil forum for better interaction.

Thank you,
Aurélie

One fact that I wish to point out to anyone reading this posting who might be in a similar situation there are some basic requirements that apply.

Requesting a permanent visa (VIPER) based on a Brazilian child. The child may be your biological child who is born in Brazilian territory or a legally adopted child. In either case the child must be in your custody (i.e. living with you) and be economically dependent on you, single and under the age of 21 years; if older than 21 must be unable to provide for their own support.

There is no waiting period in relationship to requesting this type of visa. It can be requested at any time following the birth of the child.

If the Brazilian child is born abroad (one parent a Brazilian national) then you should contact the Brazilian Embassy or Consulate nearest you to register the birth. The non-Brazilian parent is entitled to apply for the permanent visa once the birth is duly registered.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

wjwoodward wrote:

Once you apply for the permanent visa you may legally remain (and work) in the country until the process is completed.

I was under the impression that applying for VIPER inside Brazil will not allow the applicant to work, has this been changed?

When you apply for the visa and CIE (Carteira de Identidade Estrangeiro) you will get a protocol with your photo which is stamped by the Federal Police, you will also get a printout of your information which is called a SINCRE. With these two documents you go to the regional headquarters of the Ministry of Labor and they will issue you a work permit (Carteira de Trabalho) it will be temporary and valid to the date indicated on your protocol. Chances are you will have to get the protocol re-validated one or more times since the Feds are very slow. You will then have to go back to the Ministry of Labor and get them to re-validate the work permit each time until you get the final plastic ID card which is permanent.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Thanks WJ, if this is true, then it significantly alters my plans, as I was originally planning to go back to London end of March to get permanent visa.
However, if I have the work rights within Brazil after entering the permanent visa process, then I will probably choose to stay. Do you know any links to official/governmental websites with these details?

Thanks and regards from Palmas,

You can probably get the information by simply making a telephone call to the regional headquarters of the Ministério de Trabalho it is only the regional hq that issues work permits for foreigners. If you're in São Paulo they are located at

Rua Martins Fontes, 109, Centro
São Paulo, 04895-020
(0xx)11 3150-8106

Furthermore, if you are applying for a VIPER visa (com base em conjuge brasileiro/a) by virtue of marriage you have all the legal rights of a Brazilian citizen (except voting or running for certain elected offices) once you have applied for permanency, this I believe includes working.

Cheers,
William James Woodward - Brazil Animator, Expat-blog

Mr Woodward you appear quite knowledgeable on this subject so I would like to ask you:

My situation - New Yorker in Rio on tourist visa, fathered child here with Brazilian woman, attempting to obtain residency based on this.

Encountering conflicting information about whether requirement for criminal background check is necessary, from whom must be obtained, whether can be obtained from Rio, or how must be authenticated if obtained in U.S.

Can you shed any light on this?