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Spouse/dependent visa question

Hi there - would really appreciate any advice on the following:

I have been offered a job in Brazil and would be applying for the VITEM I visa. My husband would be joining me as a "dependent." I am finding it very difficult to find any information about his possible status. First question: Would he be considered a temporary resident, or simply a dependent?

Second question: my husband works for himself as a sole trader (web-based business). So he won't be looking for employment in Brazil, and we're aware that the dependent visa would not give him permission to do so anyway. However we can't find any information about whether the dependent status would impact him working as a UK-registered sole trader. The plan is that he would continue to work as he does from the UK, or other countries he works from when we travel abroad and continue working for his UK based clients. If anyone can shed any light onto this situation we'd be really grateful! Thank you :)
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Are you sure you're talking about a VITEM-I visa for scientists, professors and reasearchers and not a VITEM-V Work Visa???? The reason I ask is that the VITEM-I is limited to those events with a duration of 30 days or less and the only income permitted would be an honorarium.

If you are actually thinking of a VITEM-V Work Visa then your husband will need to provide his Birth Certificate and Marriage Certificate along with your application in order to be included as a dependent (over 21). He would NOT be permitted to earn any Brazilian income. Telecommuting and working while temporarily outside of Brazil would be virtually impossible for the Receita Federal to track in any way, so I don't think that's going to pose any problems for you. He will not, however, be able to accept a payed job in this country.

Cheers,
James聽 聽 聽 Expat-blog Experts Team
thanks, james, this is really helpful. yes you're right, it will be a VITEM-V as its a two-year contract... still getting used to all the lingo! he won't be accepting any work from brazilian sources or accepting a job in brazil, he'll just be carrying on working for his UK clients, while being my "dependent" living in brazil. it seems like this kind of international web-based business is a bit of a grey area... we want to make sure our arrangement is legal but can't find any clarification on this from anyone official. thanks again!
It certainly is a gray area here in Brazil, especially when the money is earned and deposited offshore. There's absolutely no way for the Receita Federal to really know if it is income or savings you've had for years even if they were to discover it in the first place.

Most expats in that situation simply play it dumb, and don't file an annual DIRPF (Declara莽茫o de Impostos de Renda - Pessoa F铆sica)聽 because they have less than the basic exempt income.

Just remember that ATM withdrawals are limited too around R$800 - 1000 per day with banks here, and international transfers of larger sums either to any bank account you may set up here, or via Western Union, etc., are subject to not only service charges, exchange rates, etc., but also a tax on financial operations.

Cheers,
James
thanks for the tip and advice - appreciated!
hi聽 james聽 this聽 is mandeep from india i married聽 few days ago with brazilian women in india and i also registered my聽 marriage in office聽 聽,,, i聽 am聽 very聽 confuse聽 about聽 my聽 visa聽 聽what type聽 of聽 visa聽 i聽 apply will you help me聽 聽send聽 me your聽 number聽 聽 聽i聽 am聽 very thankful聽 to you聽 聽
warm聽 regards聽 mandeep singh
Moderated by kenjee 10 years ago
Reason : Please do not share phone numbers on the forum.
Hello Mandeep,

You have two options:

1;聽 You can apply for a VIPER Permanent Visa com base em c么njuge brasileira, directly through the Consulado-Geral do Brasil in Mumbai or New Delhi, whichever has jurisdiction over your city and wait for it to be issued. Note that until you actually receive the visa you cannot enter Brazil even with another category of visa.

2;聽 You can apply for a VITUR Tourist Visa through the Consulado-Geral do Brasil and if you get one then you apply for Perman锚ncia Definitiva com base em c貌njuge brasileira through the Federal Police here in Brazil.

In both cases the documents and requirements are all the same. Also note that your marriage there must ALSO be registered here in Brazil at the 1潞 Oficio de Cart贸rio de Registro Civil in the state capital where you and your spouse will be living, or in Bras铆lia - DF even though it has been registered at the Consulado.

Cheers,
James聽 聽 Expat-blog Experts Team
sir聽 i understand聽 聽,, but聽 first聽 what聽 i聽 do聽 聽me聽 and聽 my wife聽 direct聽 go to embassy聽 in new delhi聽 or聽 first聽 we聽 fill visa聽 form ........聽 聽 we聽 marriage on 10th august聽 and聽 i registered聽 our聽 marriage on 11th august .......聽 聽i聽 am聽 trying聽 to聽 fill聽 visa聽 form聽 but聽 its聽 not聽 open聽 聽 聽.. .please聽 sir聽 聽help me聽 聽... my聽 wife聽 return聽 ticket聽 on 12 september聽 聽 we聽 聽want聽 we聽 both聽 go聽 brazil
First SHE has to register the marriage at the Consulado-Geral do Brasil. Only she can do that. If it has already been done then as I mentioned you have two options.

You can apply directly for the VIPER Permanent Visa at the same Consulado, or you can apply for a VITUR Tourist Visa and then on arrival in Brazil you apply for Perman锚ncia Definitiva. In your case I would recommend applying there for the VIPER because from India, there is no guarantee that you would get a VITUR.

Either way, there is no way that you will be able to travel back to Brazil with your wife now. It will take a couple of months for either kind of visa to be issued.

Cheers,
James聽 聽 聽 Expat-blog Experts Team
HELLO聽 JAMES聽 聽I聽 APPLIED PERMANENT VISA聽 聽AND ALL MY DOCUMENTS聽 ARE COMPLETED聽 AND聽 I ALREADY GAVE聽 MY INTERVIEW聽 IN NEW DELHI聽 BRAZIL EMBASSY聽 聽AND聽 TODAY聽 I聽 CHECKED聽 MY聽 VISA STATUS AND IT SAY MY VISA WAS UN AUTHORISED聽 ........聽 AND WHEN聽 I QUESTION TO EMBASSY WHY THEY聽 聽 REFUSED聽 MY VISA聽 ... IT聽 SPEAK聽 NOTHING聽 聽...聽 PLEASE TELL ME FURTHER聽 STEPS聽 WHAT聽 I WILL DO
Hello Mandeep,

First of all please do not post messages here using Caps Lock, it offends most people on the internet because it is considered shouting.

Now to answer your question...

There is little you can do if the Consulado-Geral do Brasil will not tell you exactly your visa application was denied. Generally speaking applications are rejected because of missing documents, or statements made in the application that cannot be proven, or because of certain "unfavorable" circumstances in the personal background or finances of the applicant.

While there is a formal appeal process it does no good to appeal if the rejection was based on circumstances. You need to improve all of those circumstances and apply again at a future date.

Ask yourself the following questions, if the answer to any of them is NO, then that's what you need to change...

Were you legally married in your country (with both bride and groom present)?
Were both you and your spouse legally free to marry at the time (i.e. no legal impediment to marriage)?
Was the foreign marriage registered (by the Brazilian spouse) at the Consulado-Geral do Brasil following the wedding?
Are you free from any past criminal convictions or current criminal charges?
Is it clear that your marriage is not a marriage of convenience simply in order to obtain a visa?

Given that the Constitution of the Federated Republic of Brazil 1988 guarantees in Art. 226 "Special protection for the family unit," I find it extremely strange that your visa application was denied since you would have a Constitutional right to permanency in this country if you can answer YES to all of the above.

The only advice I can give you is that if you can answer YES to all of the questions above, and you still believe that your visa was denied unfairly then you should retain a lawyer experienced in immigration matters and pursue the case further with the Consulado-Geral do Brasil in New Delhi through the lawyer.

Cheers,
James聽 聽 聽Expat-blog Experts Team
thank you very much james ......聽 聽we聽 apply聽 for聽 marriage certificate聽 in brazil embassy聽 new delhi聽 but聽 the聽 man who is dealing聽 with documents聽 on window聽 they told聽 us first when聽 i聽 get my visa then聽 we聽 聽will apply聽 聽further steps like registered聽 our聽 marriage in brazil embassy
The marriage must be registered at the Consulado BEFORE the visa application can be made. Sounds like either you misunderstood what you were being told, or the person at the Consulado doesn't know what he's doing.

Cheers,
James聽 聽 Expat-blog Experts Team
hello james聽 聽 i聽 am mandeep .. i married with brazilian聽 women and then we get聽 marriage certificate from brazil consulate in new delhi聽 in聽 india .. and then my wife went to brazil and submitted that document聽 in brazil cartio office聽 and then the office take that document聽 and give her new document .. with the help of that document she registered our marriage in brazil聽 聽and now聽 she make a document ,, the document speak she take my care and responsibility in brazil...聽 聽 i want聽 to know聽 what聽 type of visa聽 i will apply { temporary聽 or聽 permanent } ..聽 what聽 type of聽 visa聽 is good for me,聽 聽please tell聽 me what type of聽 document of聽 we聽 need聽 before apply聽 my visa聽 聽and聽 one important question聽 聽how聽 much fund聽 i show in my account聽 .......聽 聽 my wife speak me apply for temporary visa聽 聽,聽 she speak permanent visa聽 is very difficult .....聽 聽 聽i want聽 my police clearance certificate from my city jammu [ india ] but the officer speak she want invitation letter from brazil then they give me police clearance certificate ...聽 聽what is聽 invitation letter and what聽 聽is the format of that letter and how my wife make that letter聽 and from where ..please help me .. i聽 already enter my wife name in my passport ...聽 and is聽 it good聽 i add my wife name in bank account ... please聽 give me feedback

warm regards
mandeep
Hi James,

Hope you're still around to answer this.

I currently have a VITEM-V, and my girlfriend is coming out here in two weeks. I wanted to know the best/quickest/easiest way to get her as a dependent on my visa - I've been told that if we get a civil union at the cartorio we can then start the process, is that true?