Hey, thank you all again for being so helpful with my last question, but I've got another one. I'm married now, and trying to apply for the VIPER, and to do that there are two required declarations - one that we are not separated, and another that I do not have a criminal record. My question is this - where do I find these documents? I called the PF, and they told me that there is no standard form, and then quickly hung up before I could clarify this statement. Is this accurate? Should I just write up a declaration in Portuguese saying what is required, then sign it in the presence of a Cartorio? Also, I'm living in Sao Paulo if that makes any difference.
Thanks again in advance
Declarations for VIPER
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They're full of it, because there certainly are all standard forms for their Declarations and they're supposed to provide them to you. You should go to the Superintendência Regional da Policia Federal, Setor de Estrangeiros and request them in person. If they still give you the same BS then send me a private message with your e-mail address and I will type them up for you in Portuguese and send them as attachments.
Cheers,
James Expat-blog Experts Team
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Hi James
spenishpeter here again
last week i emailed you to say about that i had just been given my extended visa, well everything is going ok, i just wanted to , ive been in brazil for 178 days before i went to the federal police and lodged my request for the marriage visa
i was under the impresshion that i should of applaying for the visa with in 120 days of first coming in to the country.
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This is the form that the federal police gave me for the non-criminal declaration. You would just have to change Boa Vista, RR to your area and the date. If I remember correctly, we didn't have to sign it at the Cartorio
I didn't have to do anything for the declaration that we're still together. We just gave them our marriage certificate
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spanishpete wrote:Hi James
spenishpeter here again
last week i emailed you to say about that i had just been given my extended visa, well everything is going ok, i just wanted to , ive been in brazil for 178 days before i went to the federal police and lodged my request for the marriage visa
i was under the impresshion that i should of applaying for the visa with in 120 days of first coming in to the country.
It doesn't matter one little bit, the Federal Police are obligated to accept an application for permanency (when based on marriage or Brazilian child) even after your visa stay has expired. In all other cases you must be in a "regular" migratory condition, but those two exceptions are even mentioned in the Ministry of Justice webpage on Permanência Definitiva.
Reason: Art. 226 of the Federal Constitution, which guarantees special protection for the family unit.
Actually, from the moment you get married or have a Brazilian child you are "inexpulsável" under Decreto/Lei 6815/1980 Art. 75, II a, b. You couldn't be asked to leave the country under any circumstances, but you'd get hassled unless you actually carry your Marriage Certificate or Birth Certificate of your child around with you.
In practical terms, the very worst thing that can happen to you under these circumstances is that you might be asked to pay the small overstay fine when you eventually did apply for permanency, however there's even jurisprudence stating that wouldn't even be necessary. That said, I wouldn't argue the point with the Federal Police just to guarantee that they didn't start me a hard time with the processing of the claim.
Cheers,
James Expat-blog Experts Team
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