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Becoming Legal after Overstaying

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JotaBiebers

Hello all!

I'm from Ireland and I've been living and working in the south of Brazil illegally for over a year (originally a tourist visa).
I realise that this is obviously not good and I would like to rectify it. My boss mentioned that there is a process to apply for a work visa from within Brazil, and he could essentially 'sponsor' me and support me in doing this. But I have no idea how it works (nor does he).

Do you guys know anything about this process? Furthermore, I imagine it's impossible to do this without facing and paying the 10,000 reais fine.

Failing that, will I have to pay the fine when I eventually try to fly back to Europe?

See also

Work permits for BrazilThe Working Holiday Visa for BrazilVisas & Other Documents in BrazilGeneral visa requirements for BrazilBrazil Visitor E-Visa Is Online
abthree

JotaBiebers

This article will point you in the right direction:

http://www.estrangeirosbrasil.com.br/20 … -obtencao/

If your employer has an attorney who handles his/her legal work, you should seriously consider consulting that person:  you'll need an employment contract in the proper form, and approaching the Labor Ministry and the Federal Police  in the right way and the right order will be essential.  Both need to approve.

And yes, especially since you're gainfully employed, you'll have to pay your fine.  If you've been here illegally a year, though, you may have maxed out under the old rules, and owe less than R$10,000.  Check your calendar.  Good luck.

JotaBiebers

Thanks so much for the info and link, I appreciate it. :)

I checked my passport, and if the law took effect on 21 November, I had overstayed for more than 100 days prior to this date. Does this guarantee that my fine will be just 800 reais?

EDIT: An additional doubt, is it possible to resolve the fine, become legal, get a working contract and commence working, all within the borders of Brazil? i.e. Can I go from 'overstayed tourist' to 'legally employed foreigner' without leaving Brazil?

abthree

"I checked my passport, and if the law took effect on 21 November, I had overstayed for more than 100 days prior to this date. Does this guarantee that my fine will be just 800 reais?"

You can certainly try to make the case to the Federal Police that you reached the maximum fine under the old law before the new law went into effect, so that's the fine you should owe.  They may go for it, and it's worth a try, but if it doesn't fly, I'd back off.  Just remember that you have a bigger goal in view:  having them agree that you only owe R$800, but then giving you three days to leave the country, would be a Pyrrhic victory at best.

" is it possible to resolve the fine, become legal, get a working contract and commence working, all within the borders of Brazil? "

The article (which I'm unfortunately not able to access now) seems to suggest that it is.  But given your status, any government employee at any point in the process could call "Foul!" and send you packing.  So it would be good to have professional advice, and to be super attentive that every action you take and every document you submit is exactly correct and what's required.

stevefunk

I highly doubt you wont get kicked out after after illegal working and overstay n Brazil.....inbox me if you want to know what to do, but it involves leaving Brazil

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