On July 2, 2009 former Brazilian president Luis Ignácio Lula da Silva sanctioned Law 11.961 commonly known as the Law of Amnesty for Foreigners. It was supposed to give foreigners who were residing in Brazil in an irregular migratory situation, to come forward and present sufficient documentation as to their identity, situation and background to legalize there presence in the country and apply for permanent visas.
Since that time there have been numerous criticisms on both sides, either praising the program as a success or calling it a complete failure. Personally I'm beginning to fall within the latter group. The absolute lack of coordination of the program has the Ministry of Justice and the Federal Police doing a political two-step trying to keep from treading on each other's toes and as a result little if anything gets done.
I have come to the decision, based on my own experience, that the whole program was nothing more than one huge farce designed to convince the most vulnerable and foolish people in society to come forward, identify themselves to the authorities, only for eventual denial of residency and subsequent deportation. At least to me that's the way it is really beginning to look.
I would be extremely interested to hear from even one member of the expat community in Brazil if they have gone through this program in order to obtain permanent status. Have you actually obtained a permanent visa? Or, are you (like me) still battling the endless bureaucracy, providing all the necessary documents, following all the rules and still not one step closer to the end of this nightmare than when you started?
I will use my own case to show just how ridiculously complex and futile it all is. I came to Brazil legally and married a Brazilian woman in May 2005, so far all well and good. Then I began arranging all the documentation from my home country in order to apply for my permanent visa. Before I could receive the last of those documents we separated (de facto) because she was unfaithful and robbing me. Therefore I could no longer apply for permanency because a couple has to EXIST. Immigrations lawyers told me not to worry since the marriage was not terminated judicially the Marriage Certificate gave me the right to remain in Brazil, that I would be in an irregular situation, but not illegal.
Subsequently I met a really wonderful Brazilian woman and we began living together in a common-law relationship and we have a 5 year old Brazilian son. I could not apply for a permanent visa based on Stable Union, since legally I was still married. My visa stay had long since passed and finally my visa itself expired only complicating things even more.
When the Amnesty Law came into effect I found out that I could not apply through the normal channels since I had a 30 year old misdemeanor domestic violence suspended sentence. I received intensive therapy following that and have had no other troubles since. So, it was necessary to enter the Amnesty Program by way of a Petition for Concession of Amnesty, directly to the then Minister of Justice, Tarso Genro, which I did in December 2009. That petition was accepted, all the correct documents were provided and it sat on somebody's desk in Brasilia for the next year and a half, doing absolutely nothing.
Finally in May of 2011 my case was considered to be of special circumstances and I was granted Provisional Residency for two years and instructed to present myself to the Federal Police and apply for my Cédula de Identidade Estrangeiro, which I did immediately. I was given an estimate of 180 days to receive the ID. Finally when I didn't arrive I pushed for explanations and was told that it would expire shortly and therefore would not be issued. First screw up by the Feds.
In December of 2011 I applied to convert the Provisional Residency into Permanent paid all the fees, of course, provided all the myriad documents, etc., and the whole nightmare began all over again. Another 180 wait for the so-called ID card came and went, still nothing. I got an extension until November 22, 2012 and much to my surprise instead of getting my permanent visa in November, I received the RNE that should have been issued to me back in May of 2011 which will now expire in May of this year. I got no explanation whatsoever and was told to come back in February to see if anything has happened. I don't hold out any great hope.
Anyway, I've all but given up hope of doing things the right way, it seems to be completely useless in this country. I'm almost convinced that in February, despite the fact that I've now been residing in Brazil for seven consecutive years, have a stable 6 year relationship and a 5 year old Brazilian son, none of that will matter. I get the distinct feeling that they are just going to let my case slip through the cracks, let the time expire and tell me to leave Brazil.
Nobody answers questions or returns e-mail messages. The Ministry of Justice passes the buck to the Federal Police and the Feds just pass it back to the Ministry of Justice. This revolving door is the only thing that's spinning faster than my head. After fighting for over three years now I've just given up.
Anyway, I've made my own decision. If nothing happens by next month when I do go back to the Federal Police, that's the very last they are ever going to see of me. I will go back to being just one of many foreigners here in Brazil in their irregular migratory situation. I'll gladly move from my current home and go back to being clandestine in the knowledge that they will never find me anyway. Pure rot, when a convicted murder and terrorist facing a life sentence, Ceasare Battisti, can come into this country on a counterfeit passport and be welcomed with open arms by the very same Tarso Genro and President Lula it's a disgrace.
Has anybody actually gotten their permanent visa yet? Please let me know, I'm really curious to hear your story.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team