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Tourist Visa overstay while applying for Permanent Visa

Last activity 22 May 2017 by Mangefesti

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Tohr

Hello all,

I am currently living in Brazil on a tourist visa and got married last month.

My wife and I have started the process to obtain a permanent residenc visa. We have gathered all the necessary documents and booked our appointment with the Federal Police .

The problem is, the appointment I was scheduled for is a few days after my tourist visa runs out ( I have already had the extention on the original visa so I can no longer obtain another extention).

My question is, well actually questions, if my tourist visa runs will that affect my ability to apply for my permanent residence visa? When my visa does expire, will I be forced to leave the country and return when I apply for my permanent visa?

I am very concerned about this, I am going to call the federal police to try and obtain some more information but I thought I would first ask the community and see if anyone has had a similar problem in the past

Thanks,
Tory

Saint9711

I am in the same position as you but my visa has not expired yet.

I believe as long as you have started the process by having the forms into the FP. They can give you a different extension.
But if you wait after your visa has expired and you have not handed in any paperwork with regards to your request to stay you will lose your opportunity and you will be illegal in the country.

If I am wrong, I would love to hear from you the experts 😆

Tohr

Currently my visa is still valid, on the 17th of May my visa will run out. I have started the process (filling out and submitting the form on the Federal Police website) and today I am going to pay the fee, but I am unsure whether I will be ok to remain in Brazil after my visa runs out.

Other than the form on the Federal Police website, I have not submitted my other documents yet. I was given an appointment to go to the Fedeal police station and give my other documents (marriage certificate, the authenticated copies of my passport, my declarations) but the appointment is on May 22nd, that is why I have concerns.

I haven't been issued anything else that states I am allowed to stay in the country.

I am going to call the Federal Police today and consult them,  but unfornately Brazilian officials don't always have the knowledge about the process

Saint9711

I understand, yiu are correct in contacting them because if your visa expires and they have not given you an extension protocol for 180,which can be renewed as long as you are going through the process.

Let me know what you find out.

I had the same questions and my partner talked to a criminal lawyer who talked to a judge to fine a loophole in the law because it make no sense if you are in the process of applying for residency that you will have to leave when you can not extend your visitors visa anymore

Lanre2

Hello guys,
You don't have a big problem really. Once you are actually qualified for the perm visa, it doesn't matter that your visitor visa expired. What will happen is you'll pay a fine, according to the number of days you overstayed....up to but not more than 800R$. There's a daily rate charge for the overstay but I can't recall the amount now. Just make sure your claim to perm visa is genuine, with respect to the necessary documents. Cheers!

Tohr

I called the Federal Police and was told a similar thing,

Because I have already began the process (filled out the form on the Federal Police website and scheduled my appointment, as well as I have all the proper documents gathered, although not submitted, the appointment is for submitting the documents among some other things) they said that I just have to pay the fee for the days I overstay (in my case only 5 days), there is no risk of deportation or anything like that serious like that. 

Simply when I show up to my appointment they will require me to pay the fee (which is about 8-9 reais)

hopefully this is helpful to you, Saint9711 and anyone else who encounters a similar problem!

Saint9711

Wow ok sounds great, my visa doesn't expire until August and I will have all documents done and in by then I hope.

Thanks

Tohr

Sorry, I meant to say the fee is 8-9 reais a day! It would be great if it was only 8 reais in total!

jland912

They cannot make you leave. You should not have any problems. I wouldn't even mention it to them  turn in your required paperwork and they will process it without a problem 

Jim

DanielDuncan935

Under both marriage and having a child your considered inexpulsible as long as you have the certificate to proof both instances.

Upon acceptance of your application at PF for your CIE you "Might" be issued a new GRU to pay for your Multa and that's all there is to it.

Hope this helps you or anyone else with your similar situation.

Regards,
Mr. Duncan

Mangefesti

You probably know by know that you are fine.

The key is the date that you actually got married - if the Feds take a month or two to visit your situation, it is legally upon them to make it right.

It takes 30 days to post the marriage application in the papers.... once that is done and if all other paperwork is correct, there is no problem created by their lack of response or your delay in reaching out to them.

If you are not married when your Visto is current that would be an entirely different scenario and you would be deported by the Feds immediately.

Update us all, please!

Thomas Mangee

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