Tourism, Permanent Visa via Marriage (Criminal history) - Questions

Hi tatuadoG14,

The Brazilian immigrations department will overlook misdemeanor charges, however felony charges are a different story altogether. As you know a criminal record will bar you from many countries - even as a tourist.

Yes, you will need to produce the criminal record check (both names you've seen refer to the same thing), the declaration you have mentioned is only for people who have NO CRIMINAL RECORD WHATSOEVER, and it is a sworn declaration under penalty of law. The Federal Police will usually contact the FBI to verify its truth, so you make that declaration falsely you wind up in a lot more criminal troubles and get deported.

My suggestion to you, depending on how long ago your convictions were, is to apply through your state government (usually parole board) for a pardon or to seal your record. Usually this can be done if FIVE years have passed from the date on which you COMPLETED serving your sentence. (example: conviction 2000, sentence 5 years, earliest date to apply for pardon 2010.)

The pardon process takes quite a long time, but if you qualify it will be well worth the effort.

To answer your question about being able to extend your intended stay in August, NO you won't be able to extend it since the previous 90 days will be counted. They work on a "rolling" year not a calendar year. So they go back one year from the date of any entry and count the number of days already in the country to determine the length of say permitted. You'll only qualify for the remaining 90 days. After leaving this time you will have to wait a full year in order to get a 180 day uninterupted stay.

It's unlikely in your circumstances that your Permanent Visa application would be accepted WITHOUT the criminal record check so you would likely not be permitted to remain in Brazil as would one who had applied for a Permanent Visa based on marriage. Also another consideration is the Pardon process, I don't think many places will accept applications from outside the jurisdiction because they usually involve some kind of personal interview or hearing before granting the pardon.

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

Thank you for the information, and the quick reply.

I will NOT be traveling in August, i will be traveling in October. Therefore, if I leave here (USA) on October 8, 2013, stay through December 28. 2013, i will have accumulated a total of 172 days in the last 365 (90+82). On the next following day (December 29, 2013), i will, in theory, have 171 days total, but by being in the country that day, it will be at 172. During that stay, I could be there until January 5, 2014. I would have to leave, but could return, because of 365 days, I will only have a total of 172. This "frozen" number will be good until April 4, 2014, when my second 90 will be finished. Are you following what I am saying?

Hi tatuadoG14,

If you are calculating any stay make sure to count both day of entry and day of exit as FULL days. For example if you enter Brazil at 11:30 pm on any given day you must count it as if you arrived in the morning, even one minute before midnight the day gets counted. Conversely if you leave Brazil at one minute after midnight that full day gets counted too.

The rule of thumb that the Federal Police use is "AT NO TIME during a stay is a tourist permitted to be in Brazil for more than 180 days", so on the day you arrive they go back one year and start counting any days you may have been previously in Brazil. That number gets subtracted from 180 to determine your maximum stay. If that resulting number is over 90 then your initial stay can be 90 days. If it is less than 90 then you will be allowed ONLY the number of days of the result. When you go back for an extension, the whole process is repeated in just the same way to determine the maximum number of days you can be allowed for an extension.

With a multiple entry visa it doesn't matter how many times you enter and leave Brazil, the only thing that matters is 180 days. Even if you came into Brazil with two or three days remaining to make the 180 you're entitled to use them, so you'd be allowed to enter and stay for that two or three days ONLY.

Just remember, you only ACCUMULATE or earn days outside of Brazil, you don't while you're in the country so the days you've previously been in the country don't start dropping off the front end until you've left the country (except those that drop off because the year keeps rolling). The days of any visit that was almost a year before might drop off, but if it was a more recent visit then they don't.

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

So, according to the "rolling calendar year", i could stay until April 4, 2014, correct? Because the days from early 2013 will "roll off"?

If I apply for residency, will I be allowed to stay until an answer is given? Or will I be required to leave if my 180 day is used?

How are people able to stay in Brazil after submitting their application for Permanent Visa? is there a special visa issued or something that allows them to stay longer than the 180? I've read online that they are allowed to stay "as long as necessary until the process has completed".

No, the days from your first visit won't start dropping off until 12/28/2014.

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

why 2014? my original stay was in 2012? that would be 2 years.. not 1 ...

Sorry, that was a typing mistake. It should be 2013 as you suspected.

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

I married to a Brazilian woman we been together for 14 years married for about eight  I have been going to Brazil since 2002 in 2003 we saw a property in her hometown and brought it  and built a two story house we rented top and  then we bought a condo in the city while we living here we are renting it out my question is about 19 years ago I was convicted of a felon spent three months in city Jail what I would like to know I would like to file for permanent visa we are going to Brazil for the World Cup next week should I have my wife put my name on the title for the property when we get there and will this  help me attaining my visa obtain a visa any advice you can give will be appreciated.

Hello Bleslie54,

Needing a bit more information regarding your situation in order to advise you properly, but generally speaking if you're married to a Brazilian citizen you have the right to permanency, past history or not. That said, it would probably be far better for you if you were to apply to have your record expunged, which should be no problem if you've had no run ins with the law since.

Were you married in Brazil or in the USA? This makes a difference in how you'll proceed. For example if married abroad, did you register the marriage with the Consulado-Geral do Brasil? If not this should be the first step.

Once you've got your marriage registered then you need to decide if you are better off applying for your VIPER Permanent Visa at home or here in Brazil. Each option has it's advantages and drawbacks.

Cheers,
William James Woodward, EB Experts Team

No we were married in United States and we bought the property together and I I have  completed a course for language teacher English I retired here in two years and I would like to teach there as well as live as I said earlier we will be leaving next week for the World Cup that's I ask should I have her put my name on the property '

If the property was purchased in your wife's name solely you will need her premission and some Brazilian documentation of a registered civil marriage valid here in Brazil in order to add your name to title in the Cartório de Registro de Imóveis. In order for that your marriage must be registered with the Consulado-Geral do Brasil that has jurisdiction over your city in the US, you will also need to register the marriage once here, in the Cartório in Brasília, but I don't know which one. You certainly won't be able to do it while you're here for the World Cup as there won't be enough time to get all the documentation sorted out in the USA before you come.

you've been very helpful and you're absolutely right I forgot  everything is going to be shut down for theCopa do Mundo, mas vamos cuidar dela no próximo anoquando temos mais tempo
muito obrigado você é muito útil.

Very glad to find this post. Thank you so much. I am in the same position as the person who posted this question.
'Non-criminal record' is a ridiculous term to be using as it implies that anyone with any type of criminal record whatsoever is ineligible to apply, as in some countries such as China. I even emailed a so-called 'Brazilian immigration specialist' in Houston and explained my situation, only to be told that I could not apply without a 'non-criminal record'. That is simply a lie. Today I finally got the reassurance I wanted. I received a response from a consulate in Australia who said that there wouldn't be any problem with my criminal record (DUIs). I am looking forward to proceeding with my application and I hope this stupid American terminology of 'Non-criminal record' doesn't put so much fear in anyone else in the same situation. Consulate staff will consider each application based on everything put before them. Yes - they can exercise discretion and show leniency.