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Options for Staying Long-Term in Brazil w/o Marriage

Last activity 26 January 2015 by James

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ChelseaJanea

Hi Everyone,

I've lived as an expat before, but I'm looking forward to moving to Brazil next - in March or April. I'm really excited about it, but I have a few questions for you all that I hope current expats in Brazil can help me answer. :)

I'm American, so I know we have to take a visa before we even get on the plane.

I think I can go first on a six-month tourist at first, because I have to return to the US in October for my brother's wedding. I've read that if you over-stay, you can pay a fee... is this still applicable? Does this rule have a history of changing, or is it something I can more or less rely on?

Also, initially I thought to come on a student visa, taking one class of Portuguese each semester - does anyone else do this? I won't be able to the first time I go because the classes are starting in February, and I can't get everything in order by then. But if I start a class in August, does anyone know if it would be possible to take a student visa to return for a class that's already in session?

Or does anyone else have suggestions for being able to stay long-term there?

I have an online business based in the US, so I'd prefer not to get a job as a way to stay. I have a friend who's living in Brazil as an expat, and he claims there's lots of ways to stay long-term once you get there, but he got married and I can't seem to get a straight answer for another way. :P

Thanks so much! :)

James

Hi Chelsea,

First off, I would strongly recommend that you NOT even consider overstaying your VITUR Tourist Visa under any circumstances. It's not that there are any consequences here in Brazil other than the R$8,28 per day fine (which is capped at 100 days), but the potential serious problems that the overstay stamp in your passport would cause you and possibly prevent you from obtaining visas for other countries in the future. Like they say... "Never burn your bridges."

Once you've used up your 180 days permitted per "rolling" year on a VITUR, then you must be out of Brazil for 1 year to get another 180 or 270 days to get 90.

The only options for long-term stays in Brazil really are the VITEM-IV Student Visa which is issued and renewable per semester, which means you must be in a qualified course, that must be confirmed in writing by the educational institution each time, and you must remain in the course for as long as you want to remain in the country.

Or the VITEM-V Work Visa, which is much more difficult to obtain for a multitude of reasons.

The only sure-fire ways to stay are either marriage or investing R$150 thousand (about US $72 thousand) and start up a business.

Cheers,
James      Expat-blog Experts Team

ChelseaJanea

Thanks for your advice James.

I didn't consider having an overstay stamp... but you're right. Glad I asked!

For the VITEM-IV Student Visa, it's enough to be taking one class of Portuguese each semester, right? (I just want to double-check, since the advice about paying the overstay fee came from the same website where I saw this advice.)

Thanks again!  :)

James

I think it depends mostly on where you take the Portuguese language course. It may or may not qualify for the VITEM-IV Student Visa. If you're taking it at a university is surely will, other schools may not. You will need to confirm with the school first if the course qualifies for the visa and exactly how many or how frequent the classes must be.

Bardamu

The visa student is easier to obtain than a work visa but it is not that easy.
You need first to apply successfully to enter in a real university (not a language school). This is not easy for Brazilians so imagine for foreigners. Your best chance to move is within an exchange program between a US and a Brazilian university.
FYI, portuguese language course won't be enough because you should actually demonstrate that you masterize portuguese before applying to these universities (having passed language certification).
To give you a context: imagine a Brazilian expecting to move to US after applying to a "one class of english per semester" in US private school...would he have a chance to obtain a student visa in US?

ChelseaJanea

"imagine a Brazilian expecting to move to US after applying to a "one class of english per semester"

I have a friend who did that exact thing in France, and is still there using this strategy.

Bardamu

OK but what is link with France? Regulations in France are very favorable to tourism and immigration Quite a lot of people entered with this way in France. Some are real students,  some others used this solution as a scam to immigrate in France. Moreover US citizen are not people at "risk" to obtain a visa student to immigrate because US citizens do not even need a visa to enter in France for 90 days. Remember also that France has got 10% of foreigners (and 19% if counting those with direct descendants from foreigners), in Brazil only 0.5%. France receives 85 millions foreigner tourists per year, Brazil 5 millions per year. It gives you some idea about the "openess" of each countries so they are not really comparable.
FYI, Brazil also apply reciprocity with US. Toughter for Brazilians to apply for a US visa, toughter it will be for american to obtain a visa.
It is quite surprising for a lot of people all over the world, but Brazil is not open at all and it is not a country of immigration.

sakraan

Sir!
I had an African friend and his student visa was already expired (as I think, because his RNE date was expired). He said;  a person living here in Brazil from four years can apply for a permanant visa. He futhered said; if a foreigner do not go out of Brazil for four year, he/she has right to get a permanant visa in condition with his/her expired visa too. Is it right? I want to guide him if we meet gain.

James

No, that is not correct.

You can apply for permanency if you have resided in Brazil for 3 years holding a VITEM-V Work Visa.

You can also apply for permanency if you've been in Brazil (legally) for 15 years.

Other than that you'd have to wait for the next time they declare an Amnesty for Foreigners or you would have to qualify for permanency as being:

Married to a Brazilian citizen or permanent resident;

Parent of a Brazilian child;

Stable (1 year relationship) with a Brazilian citizens or permanent resident;

Retired person meeting the financial requirements;

Investor with minimum investment in Brazilian company start-up of R$150 thousand.

sakraan

I think he has relationship with a brazilian but his RNE date was expired. Can he apply with expired RNE based on his relationship with brazilian for one year?

James

If he has been legally in the country for almost all of that time, and can prove that the relationship has lasted for a minimum period of one year, then he should be able to apply even if his visa is now expired.

The documents that are required to prove the stable relationship include:

Property Deed or rental contract naming both parties,

Joint bank account statements (at least one year old) in both names,

Life insurance policy naming one party as insured and other party as beneficiary,

Income Tax declarations from home country, which name the other party as common-law partner,

Two witnesses who sign notarized declarations that the couple has lived together (publicly) as a family unit for at least one year.

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