Gringoes.com: Stable Union Visa Process

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spike0912
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Joined: 28 April 2012
Location: Japan
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Posted: 14 June 2012 at 10:14

>Jon7899
Hi, Jon,
I'm sorry to hear that your visa process has been rejected.
Actually, my visa process based on Stable Union has also been rejected. ( I know how you feel.)
Well, I just want to share my story and I hope it will help you. After the rejection(on 30th 0f May on MTE site), I just talked with my lawyer and she told me that we have to ask reconsideration to Brasilia within 15 days after the decision is published on DOU. Although someone said on the forum we have 40 days to ask reconsideration,I'm not sure which is correct. (You know, everyone says different things in Brazil...) If you're thinking ask reconsideration, you should do it as soon as possible just in case you won't lose the righ for reconsideration.
OK, this is what I did and goint to do now. My visa process was rejected on 30th of May and was published on DOU on 11th of June, so I'll be ableto ask reconsideration to Brazilia until 26th of June, which is 15 days after the publication.(According to my lawyer)
My process was rejected because of the lack of decralation of maintanance and some documents which proves my partner is capable of maitaining my life financially.

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spike0912
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Posted: 14 June 2012 at 10:25

So, I went to cartorio to make an ofiicial declaration of maintance last week and also got an official salary document which is called Decore and some official copies of our car and an appartment at cartorio. We own a car and have paid all the loans already and my partner's parents own an apparment and we live there, so that we don't need to pay rent. Also, I'm going to hand in bank account copy(Itau in my case). I just called some brazilian banks if I can get an official document of a ban account, but they told me that the only way is just print out on the Internet. ( I thought that it was very strange...)

Anyway, I'm going to submit all the documents I collected to Brazilia at the beginning of next week. Let's see what happens next!!
OK, I'll share more when I find out!!

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sven
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Joined: 14 March 2007
Location: Brazil
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Posts: 12797

Posted: 14 June 2012 at 11:26

That someone was me.

Resolução Administrativa 01 - RA Nº 01, DE 29 DE JULHO DE 1996

Pedido de Reconsideração ao Conselho Nacional de Imigração

O Conselho Nacional de Imigração, órgão colegiado criado pela Lei nº 6.815, de 19 de agosto de 1980, no uso de suas atribuições,

RESOLVE:

Art. 1º As decisões de competência do Conselho Nacional de Imigração poderão ser objeto de um único pedido de reconsideração da parte interessada, dentro do prazo de quarenta dias a contar da data da publicação no Diário Oficial da União, excluindo-se o dia do início.

§ 1º O prazo previsto neste artigo é contínuo, não se iniciando nos sábados, domingos ou feriados.

§ 2º O pedido de reconsideração deverá suprir as razões do indeferimento com fundamentos de fato e de direito e respectivas provas.

Art. 2º Esta Resolução entrará em vigor na data de sua publicação, revogada a Resolução nº 12, de 14 de janeiro de 1987.

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jon7899
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Joined: 24 January 2012
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Posts: 34

Posted: 14 June 2012 at 14:55

Sven,

Do you think you could confirm a couple of things for me?

Firstly that
Resolução Administrativa nº 03, de 20 de Agosto de 2001
Art. 3ª Da decisão proferida pelo Conselho Nacional de Imigração ou do despacho da Coordenação-Geral de Imigração do Ministério do Trabalho e Emprego caberá recurso ao Conselho, que obrigatoriamente deverá apreciá-lo. O prazo para a interposição do recurso é de cinco dias, a contar da data da notificação do indeferimento ou da publicação do despacho no Diário Oficial.

Doesn't run counter to the 40 days?

Also, my $$$$lawyer$$$$ has replied with:
Finally, with regards to the “tutela antecipada”, it is not applicable to a case like yours. “Tutela antecipada” is a provisory order. And it is not possible to get a provisory order declaring the existence of a civil union.

Wasn't it provisory to the declaration, rather than the existance?

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jon7899
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Joined: 24 January 2012
Location: Brazil
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Posted: 14 June 2012 at 16:56

Is anyone able to recommend a lawyer in Sao Paulo please? (I have contacted all those recommended in the appropriate post).

We have been quoted R$6,000 / R$4,000 / R$5000 parcelado, R$3500 now / R$7500 (and this one is telling me to go to the brazilian embassy in London tomorrow to try and get a procuracao....WHAT?!

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sven
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Joined: 14 March 2007
Location: Brazil
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Posts: 12797

Posted: 14 June 2012 at 17:39

Jon, recurso e reconsideracao are two distinct things. You can appeal after you try the reconsideracao.

As far as I look at it, even in jurisdicao voluntary you can ask for a tutela antecipada.

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spike0912
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Posted: 15 June 2012 at 00:30

>sven, Jon
Sorry...I didn't mean to offend you at all. You're right!! It was 40days after the publification og DOU to ask reconsideration. My lawyer was talking about Ministerio da Justica.( not MTE) Sorry for having made a confusion.

Is there the only way to get permanent visa based on Stable Union? I mean we can apply for permanent visa based on Stable Union through Ministerio da Justica instead of MTE??

I found a piece of information on a website of Ministerio da Justica.
http://portal.mj.gov.br/data/Pages/MJA1BC41DEITEMIDB08CEBC98C4944DFB8CEAFCD2B18330APTBRNN.htm

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yvesb
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Joined: 22 June 2012
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Posts: 4

Posted: 22 June 2012 at 14:42

Hi, can anyone reccomend me any lawayers for the uniao estavel process? Ideally in Brasília but also in any other city... Thank you!!!

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jon7899
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Joined: 24 January 2012
Location: Brazil
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Posts: 34

Posted: 02 July 2012 at 15:14

It goes on!!! R$3,500 later for the lawyer, R$1000 later for power of attorney legalised (once the lazy bastards at the brazilian consulates worldwide get off their strike) and sent to Brazil....

Now our case has got to the judge and he has said "...You don't need my signature on anything, the cartorio declaration is enough".

I want to cry...or go on a rampage......cry.

So now...present to another judge or point out to him that he's an idiot?

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jon7899
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Joined: 24 January 2012
Location: Brazil
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Posts: 34

Posted: 24 July 2012 at 20:17

Hi all, me again, on my wreckage trail of incompetence and lies.

So, visa rejection has been upheld after 40 days, our expensive lawyers have only just told us that the judges normally respond to their applications with a negative decision and they believe we are unable to obtain a declaration of stable union and should try for something else (homologao or something stupid/similar).

We mentioned that we have heard of cases (on here) in which a judge has said yes and they have asked if it might be possible to obtain copies/text from those positive decisions. Heartfelt appeal to anyone who has been granted a declaracao from a judge to share a copy of it my way?

I don't want to tug at the heart strings, but my gran passed away today and this is all just getting a bit too much to keep cheerful through, on thing on top of another on top of another. Help?

Jon

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Visas and Documentation
Gringoes.com : Brazil : Visas and Documentation

Author	Message
spike0912 Groupie Joined: 28 April 2012 Location: Japan Online Status: Offline Posts: 47	Posted: 14 June 2012 at 10:14
	>Jon7899 Hi, Jon, I'm sorry to hear that your visa process has been rejected. Actually, my visa process based on Stable Union has also been rejected. ( I know how you feel.) Well, I just want to share my story and I hope it will help you. After the rejection(on 30th 0f May on MTE site), I just talked with my lawyer and she told me that we have to ask reconsideration to Brasilia within 15 days after the decision is published on DOU. Although someone said on the forum we have 40 days to ask reconsideration,I'm not sure which is correct. (You know, everyone says different things in Brazil...) If you're thinking ask reconsideration, you should do it as soon as possible just in case you won't lose the righ for reconsideration. OK, this is what I did and goint to do now. My visa process was rejected on 30th of May and was published on DOU on 11th of June, so I'll be ableto ask reconsideration to Brazilia until 26th of June, which is 15 days after the publication.(According to my lawyer) My process was rejected because of the lack of decralation of maintanance and some documents which proves my partner is capable of maitaining my life financially.
	IP Logged

spike0912 Groupie Joined: 28 April 2012 Location: Japan Online Status: Offline Posts: 47	Posted: 14 June 2012 at 10:25
	So, I went to cartorio to make an ofiicial declaration of maintance last week and also got an official salary document which is called Decore and some official copies of our car and an appartment at cartorio. We own a car and have paid all the loans already and my partner's parents own an apparment and we live there, so that we don't need to pay rent. Also, I'm going to hand in bank account copy(Itau in my case). I just called some brazilian banks if I can get an official document of a ban account, but they told me that the only way is just print out on the Internet. ( I thought that it was very strange...) Anyway, I'm going to submit all the documents I collected to Brazilia at the beginning of next week. Let's see what happens next!! OK, I'll share more when I find out!!
	IP Logged

sven Gringoes.com Guru Joined: 14 March 2007 Location: Brazil Online Status: Offline Posts: 12797	Posted: 14 June 2012 at 11:26
	That someone was me. Resolução Administrativa 01 - RA Nº 01, DE 29 DE JULHO DE 1996 Pedido de Reconsideração ao Conselho Nacional de Imigração O Conselho Nacional de Imigração, órgão colegiado criado pela Lei nº 6.815, de 19 de agosto de 1980, no uso de suas atribuições, RESOLVE: Art. 1º As decisões de competência do Conselho Nacional de Imigração poderão ser objeto de um único pedido de reconsideração da parte interessada, dentro do prazo de quarenta dias a contar da data da publicação no Diário Oficial da União, excluindo-se o dia do início. § 1º O prazo previsto neste artigo é contínuo, não se iniciando nos sábados, domingos ou feriados. § 2º O pedido de reconsideração deverá suprir as razões do indeferimento com fundamentos de fato e de direito e respectivas provas. Art. 2º Esta Resolução entrará em vigor na data de sua publicação, revogada a Resolução nº 12, de 14 de janeiro de 1987.
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jon7899 Newbie Joined: 24 January 2012 Location: Brazil Online Status: Offline Posts: 34	Posted: 14 June 2012 at 14:55
	Sven, Do you think you could confirm a couple of things for me? Firstly that Resolução Administrativa nº 03, de 20 de Agosto de 2001 Art. 3ª Da decisão proferida pelo Conselho Nacional de Imigração ou do despacho da Coordenação-Geral de Imigração do Ministério do Trabalho e Emprego caberá recurso ao Conselho, que obrigatoriamente deverá apreciá-lo. O prazo para a interposição do recurso é de cinco dias, a contar da data da notificação do indeferimento ou da publicação do despacho no Diário Oficial. Doesn't run counter to the 40 days? Also, my $$$$lawyer$$$$ has replied with: Finally, with regards to the “tutela antecipada”, it is not applicable to a case like yours. “Tutela antecipada” is a provisory order. And it is not possible to get a provisory order declaring the existence of a civil union. Wasn't it provisory to the declaration, rather than the existance?
	IP Logged

jon7899 Newbie Joined: 24 January 2012 Location: Brazil Online Status: Offline Posts: 34	Posted: 14 June 2012 at 16:56
	Is anyone able to recommend a lawyer in Sao Paulo please? (I have contacted all those recommended in the appropriate post). We have been quoted R$6,000 / R$4,000 / R$5000 parcelado, R$3500 now / R$7500 (and this one is telling me to go to the brazilian embassy in London tomorrow to try and get a procuracao....WHAT?!
	IP Logged

sven Gringoes.com Guru Joined: 14 March 2007 Location: Brazil Online Status: Offline Posts: 12797	Posted: 14 June 2012 at 17:39
	Jon, recurso e reconsideracao are two distinct things. You can appeal after you try the reconsideracao. As far as I look at it, even in jurisdicao voluntary you can ask for a tutela antecipada.
	IP Logged

spike0912 Groupie Joined: 28 April 2012 Location: Japan Online Status: Offline Posts: 47	Posted: 15 June 2012 at 00:30
	>sven, Jon Sorry...I didn't mean to offend you at all. You're right!! It was 40days after the publification og DOU to ask reconsideration. My lawyer was talking about Ministerio da Justica.( not MTE) Sorry for having made a confusion. Is there the only way to get permanent visa based on Stable Union? I mean we can apply for permanent visa based on Stable Union through Ministerio da Justica instead of MTE?? I found a piece of information on a website of Ministerio da Justica. http://portal.mj.gov.br/data/Pages/MJA1BC41DEITEMIDB08CEBC98C4944DFB8CEAFCD2B18330APTBRNN.htm
	IP Logged

yvesb Newbie Joined: 22 June 2012 Online Status: Offline Posts: 4	Posted: 22 June 2012 at 14:42
	Hi, can anyone reccomend me any lawayers for the uniao estavel process? Ideally in Brasília but also in any other city... Thank you!!!
	IP Logged

jon7899 Newbie Joined: 24 January 2012 Location: Brazil Online Status: Offline Posts: 34	Posted: 02 July 2012 at 15:14
	It goes on!!! R$3,500 later for the lawyer, R$1000 later for power of attorney legalised (once the lazy bastards at the brazilian consulates worldwide get off their strike) and sent to Brazil.... Now our case has got to the judge and he has said "...You don't need my signature on anything, the cartorio declaration is enough". I want to cry...or go on a rampage......cry. So now...present to another judge or point out to him that he's an idiot?
	IP Logged

jon7899 Newbie Joined: 24 January 2012 Location: Brazil Online Status: Offline Posts: 34	Posted: 24 July 2012 at 20:17
	Hi all, me again, on my wreckage trail of incompetence and lies. So, visa rejection has been upheld after 40 days, our expensive lawyers have only just told us that the judges normally respond to their applications with a negative decision and they believe we are unable to obtain a declaration of stable union and should try for something else (homologao or something stupid/similar). We mentioned that we have heard of cases (on here) in which a judge has said yes and they have asked if it might be possible to obtain copies/text from those positive decisions. Heartfelt appeal to anyone who has been granted a declaracao from a judge to share a copy of it my way? I don't want to tug at the heart strings, but my gran passed away today and this is all just getting a bit too much to keep cheerful through, on thing on top of another on top of another. Help? Jon
	IP Logged

Topic: Stable Union Visa Process
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