Expired Visa with protocol

Hello Megan,

I take it that you have applied for a VIPER Permanent Visa, am I correct?  Or are you just on a VITEM-V Work Visa?

The legislation provides that during the period in which your visa is being processed you may leave Brazil and re-enter for periods of up to 90 days without interruption of the process. Unless there are circumstances out of one's control (such as hospitalization) if you don't return in 90 day the process is cancelled and you must start all over again from scratch, re-submit all documents, pay all fees, etc., etc.

Once you have been granted the VIPER Permanent Visa that period of absence becomes 2 years, after which permanency is cancelled.

Once you've applied for a visa in Brazil the protocolo you receive is essentially your temporary visa, it is all you need in order to re-enter Brazil and once you show it to the Federal Police agent at the airport you're on your way. You certainly won't have problems here in Brazil because of a protocolo. If you're talking about a VITEM-V Work Visa then this protocolo plus your expired visa that is already in the passport should be more than sufficient proof for anybody.

Where you might have problems is with the airlines outside of Brazil, They're worse than the Gestapo and they think they're immigrations authorities. THEY ARE NOT! Their business it to transport the people who have purchased their tickets, pure and simple. The problem is that if somebody is refused entry to a country, the airline is responsible for taking them back. Sometimes they seem to forget that these people for the most part have already purchased return tickets so they've really lost nothing in this case, still they're so bent out of shape about this they intimidate their passengers to an extent that is almost torture.

Should you have a problem with a boarding agent or check-in inform them politely the way things work here in Brazil, that the protocolo is essentially your visa and that should satisfy them, if not then stand firm, gently remind them that they are in the transportation business and they are not immigrations, that you're aware of your legal rights and should they refuse to board you that you will certainly first call the police and second that you will bring on a civil action (which by the way is your right and you'd certainly win in any jurisdiction) against the airline, and the employee involved. Always ask for the name of the employee, they'll balk, and they'll ask why... your response, so my lawyer can include you personally in the lawsuit. That gets their attention like a 2X4 hitting them between the eyes and usually is a real attitude changer. If they refuse you passage they have to have just cause to do so, not just a suspicion... you've got a document in your hand that is all you need in order to enter Brazil, if they don't like what it looks like or don't believe it is genuine, legally it is up to them to PROVE that and you should demand that they phone the Consulado-Geral do Brasil and confirm your protocolo or let you board.... simple as that, the responsibility is theirs, not yours!

Cheers,
William James Woodward, EB Experts Team