Gringoes.com: Got Laid off NOW WHAT

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sueco
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Joined: 09 August 2007
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Topic: Got Laid off NOW WHAT
Posted: 27 June 2012 at 10:48

Was working for a Big Company and had my work visa via them. Living here on a Visa 5 i think its called. So not a expat.

Got Laid of the 15th of June.

They now tell me i Have to exit the country by the 15Th July and also have to be back on the19th for the HOLOGACAO so I can get my FGTS money back.

Now as you all can imagine. I have a Brazilian Girlfriend with whom I live with for 3 years now.
And im not too keen to move back to europe right now. I would love to take my FGTS money and start something of my own. However I do not have the 250K needed to get a investment visa

What are my options? I know you guys know these things so well.
Do i HAVE to get married? Is a Uniao estvavel something i can get signed and use that as a document that will grant me a VISA?

Also how do I leave brasil and come back as a tourist? WIll they not look at my visa and complain a bunch?

Thanks
Dave

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tbird
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Joined: 15 June 2012
Location: Brazil
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Posts: 525

Posted: 27 June 2012 at 11:09

Sueco, sorry to hear that you got laid off. Same thing happened to me last year. Laid off in a "foreign" country that I was transferred to.

Uniao estável is an option but I think that it first needs to be approved by a judge- not sure exactly where to go to get this done though and how easy it is. There are also some additional requirements, such as proof of means of survival (income, savings)) and even, I think, the requirement to have private health insurance. But someone will tell you all about it.. lots of experts roam these threads.

The investor visa is 150,000 reais, not 250,000 reais. Also comes with strings. In fact, doesn't sound very attractive to me anymore.

I think that you'll be able to exit and re-enter as a tourist if you declare yourself to be a tourist on the entry card.

Have you checked if the 30 days is actually what the laws says? It could be. In some countries you have as little as 14 days or as much as 90 days to leave. H1B visas in the US can be transferred to another employer.

Do you HAVE to be there physically to settle your FGTS?

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sueco
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Posted: 27 June 2012 at 11:16

TBIRD!
thanks for a quick reply.

I dont have a job now but I can get a job at my buddies store in order to say I have a job if that is needed. I want to open my own company with the FGTS money.

Yes I have to be here to get the FGTS and do the HOMOLOGACAO the 19th July. And the expect me to leave country the 15th july latest. i still need to see this with the dates so many people tell me different things. Who really kows?

Br

Sueco

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tbird
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Joined: 15 June 2012
Location: Brazil
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Posts: 525

Posted: 27 June 2012 at 11:27

Where in Brazil are you? Are you trying to avoid having to make a trip?

If you leave, you could get Policia Federal at the airport to cancel you work visa provided that you are sure that you won't need it again! Then there should be no confusion when you re-enter as a tourist.

There are five ways to get the visa based on stable union. The easiest way is to prove that you have a kid in common. The next easiest way is to get a "comprovaçao de dependencia" issued by a judge at "Vara de Familia." Perhaps you could go visit this family court and inquire yourself or, alternatively, hire a despachante.

Resoluções 27/98 e 36/99 do CNIg
I – atestado de concubinato emitido por órgão governamental do país do
interessado;
II - comprovação de dependência emitida por juiz de Vara de Família ou de
autoridade correspondente no país do estrangeiro;
III – comprovação de dependência emitida pela autoridade fiscal ou órgão
correspondente à Secretaria da Receita Federal;
IV – comprovação de convivência há mais de cinco anos emitida por autoridade
habilitada no país do estrangeiro; e
V – comprovação de filho comum, mediante apresentação da certidão de
nascimento.

Edited by tbird - 27 June 2012 at 11:31

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GGTrek
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Joined: 16 February 2008
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Posts: 112

Posted: 27 June 2012 at 11:49

Originally posted by sueco

Was working for a Big Company and had my work visa via them. Living here on a Visa 5 i think its called. So not a expat.

Got Laid of the 15th of June.

They now tell me i Have to exit the country by the 15Th July and also have to be back on the19th for the HOLOGACAO so I can get my FGTS money back.

Now as you all can imagine. I have a Brazilian Girlfriend with whom I live with for 3 years now.
And im not too keen to move back to europe right now. I would love to take my FGTS money and start something of my own. However I do not have the 250K needed to get a investment visa

What are my options? I know you guys know these things so well.
Do i HAVE to get married? Is a Uniao estvavel something i can get signed and use that as a document that will grant me a VISA?

Also how do I leave brasil and come back as a tourist? WIll they not look at my visa and complain a bunch?

Thanks
Dave

I had a work visa until May before I got my permanent visa approved. In the conditions for giving you a temporary work visa the Federal Government forces the company to provide you the following if laid off:
- return of you, your family and your belongings to your previous place of residence
So my strong suggestion is call you company and ask for your rights as required by the visa request that they signed:
1) return ticket to your previous place of residence
2) shipping of the belongings you brought with you to your previous place of residence

You can also request that your homologation date is antecipated, call your union and tell them you are a foreigner on temp visa and you need the homologation before your exit date (again it is your right). Don't forget that since they fired you (it was not your decision) you have a right to receive a 40% additional sum on the current balance of your FGTS!

Now if you want to stay in Brazil and you want your belongings to stay in Brazil you shall have to go personally to the customs office that cleared your goods when they first came into Brazil and prove them that you have requested some sort of new visa or that you have destroyed your goods or you pretend to ship them back. You must have a letter with a customs (alfandega) protocol number when you first received your goods which will point you to the customs office. If you don't do this they can tax you on the original value that was declared for the goods + possible fines (believe me it is big, I had a similar experience 2 year ago when I did not know I had to send customs my visa extension request, they sent me an "intimação" for almost 3500 BRL which was approx 50% of the value declared for the goods)

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sueco
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Posted: 27 June 2012 at 11:54

Hmmm well I have only lived in brazil for 4 years and Lived with my girl for 3 no kids.

So getting married is the only solution then?

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sven
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Joined: 14 March 2007
Location: Brazil
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Posts: 12875

Posted: 27 June 2012 at 12:01

Since you have a deportation order for July 15th, I would urge you to get a lawyer. As you probably won't be able to unite the paperwork needed for a permanent visa based on a stable union. You might have to get a writ of Habeas Corpus.

What state are you in?

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tbird
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Joined: 15 June 2012
Location: Brazil
Online Status: Offline
Posts: 525

Posted: 27 June 2012 at 12:06

Originally posted by sueco

Hmmm well I have only lived in brazil for 4 years and Lived with my girl for 3 no kids.

So getting married is the only solution then?

Why do you say this? I'm not so sure. If you can convince the judge that you guys live in a public, open, notorious relationship - or whatever they call it - then that should be sufficient. But yeah, definitely not enough time to get this sorted by mid-July.

And great reminder by GGtrek about the 40%.

Edited by tbird - 27 June 2012 at 12:09

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sueco
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Posted: 27 June 2012 at 12:23

I have the 40% allready promissed etc. all that is good.

The company I worked for is in SP but i live in RJ i was working from Home in RJ since our costumers are in RJ.

Thing is no one tells me how long I can legaly stay. This is what bothers me. No one knows. I have heard 14 days one month 3 months. some say since my VISA was asked to be renewed back in March and I have 180 days on this piece of paper that I then have the 180 DAYS.. I am so confused.

Should I go today and get a Notarized documento of uniao estavel ??

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sven
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Joined: 14 March 2007
Location: Brazil
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Posts: 12875

Posted: 27 June 2012 at 12:23

The labor problem is another issue. If he was here on a temp (2year) labor contract, he may not have the right to 40%.

He first has to evade the problem of getting bumped out of the country, for that hell need an Habeas corpus.

The required documents are his birth cert and criminal record from home. He might want to have the union declared by a judge as it has less requirements.

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