Stable relationship

Hi Gary,

Sorry, but without showing the documentation required and proving a relationship that has been CONTINUOUS for a minimum one year period the stable union just cannot be established. In fact your passport is going to scuttle the whole thing right from the get go, since you are required to submit a certified copy of ALL pages of your passport.

Essentially what the government will say, is that you have been in a boyfriend/girlfriend relationship, but not one that qualifies as a stable union, and under Common Law it really wouldn't be different in any other country that has the one year period.

If you have all the documents you require for permanency anyway, then why don't the two of you just take the plunge and tie the knot? I can assure you it's going to be much easier that way.

Cheers,
James       Expat-blog Experts Team

how do i stay 1 year to gain a stable status?
  thanks

Very difficult to do legally, and almost impossible as a tourist. Normally one would need some kind of VITEM Temporary Visa to permit stays over 180 days per year. So if you were studying in Brazil you could apply for a VITEM-II Student Visa and renew it every semester. Or if you found a job in Brazil that would qualify you for a VITEM-V Work Visa then you're given 2 years before you need to re-apply.

The only way I could see it happening for someone on a Visa Waiver Program tourist stay would be ONLY for UK passport holders whose agreement permits 180 days consecutive. You'd have to schedule your initial 90 day stay, hoping you get the extension so the 180 day stay would end exactly on the anniversary date of your FIRST EVER entry into Brazil, which begins your new year for calculations. Then you'd have to leave Brazil (perhaps for a few days) and then re-enter AFTER the anniversary date of your first ever entry. You'd automatically get 90 days and could still apply for an extension of 90. That actually happening would be almost impossible to accomplish, because of its complexity. The VITEM is your answer.

Only other way is that the COUPLE remain together, when you leave the country she accompanies you. You don't need to show one year CONTINUOUS relationship in just ONE PLACE, as long as you're both together and can prove that continuity as far as I know that would satisfy the legislation. Of course you still need all the right documents.

Hello James;

In relation to your response above about the UK passport, can you please help answer the question that still perplexes me.

I have a UK passport as well. As I previously wrote to you, my first time in Brazil arrived June 3rd, 2014. Was in Brazil from June 3rd thru July 16th. Then I returned September 4th thru September 10th and then again returned to Brazil December 7th and haven't left. 

Originally extended my Visa on February 26th, they subtracted my previous days so I was only awarded extension until April 17th and am now overstayed.

My question since you mentioned it above is does my 1 year start over again on June 3rd of this year? If I were to leave Brazil prior to June 3rd and pay my fine for overstay, then come back a few days after let's say, would I then be entitled to another 90 days? And then could I extend for another 90 if I chose to? If this is not correct can you please tell me what is the appropriate time frame.

That would be such wonderful news if that is correct. I have no issues flying to Buenos Aires for a few days, I love it there as well!

Please let me know because I have an apartment booked until June 6th but could change it to June 2nd maybe if I need to leave prior to June 3rd.

Thanks,
Dean

Hello gspdac,

Yes, you are correct. Your new year starts on June 3rd each year. Overstay days, since they are subject to a fine ARE NOT counted when calculating stay entitlement anyway. If you were to leave the country before your visa "anniversary" date then you would have no problem re-entering Brazil using your UK passport provided that you have paid the overstay fine. You would be entitled to 90 days, which you could extend by 90 more if approved.

Cheers,
James       Expat-blog Experts Team

Can't believe the simple solution was right under my nose! Have spent hours looking at Student Visa, Business Investment Visa but for now, getting another 90 days and possibly another extension is music to my ear!

Thank you kind sir for this site and all the time you spend helping people figure things out.

One final question. Since you say overstay days are not counted would I have any problems leaving for Buenos Aires on June 6th since I've already paid for my apartment until that day? I would just need to pay an additional 4 days fine or do I need to leave on June 2nd or earlier?

You'd just need to pay an additional four days of overstay fine. I don't know the visa requirements for Argentina, however. So you may want to check if it is a country you can enter with a UK passport under the Visa Waiver Program.

Yeah it's fine. I already checked it out prior to my trip to South America last June. The UK passport is definitely a cost saver! No visa required or $160 entry fee like the US passport. Never would have thought the UK passport would have advantages over the US in South America but as you know it's all because of US government policies.

Cheers,
Dean