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Visas and Documentation
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sueco
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Quote sueco Replybullet Posted: 27 June 2012 at 12:28
Well the Company told me that I am entitled to the 40% I have been here for 4 years.
They use Deloite as the administers so I guess they know their stuff.

But this Habeas corpus. what is it really?
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sven
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Quote sven Replybullet Posted: 27 June 2012 at 12:32
Who told you July 15th? The Feds?
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Quote sven Replybullet Posted: 27 June 2012 at 12:35
In your case, a Habeas Corpus would stop the Feds from deporting you while you get your paperwork together while you stay in the country.

You have two options to get a visa: marriage and stable union.
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tbird
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Quote tbird Replybullet Posted: 27 June 2012 at 12:36
Brazil is the land of habeas corpus and preliminary injunctions (liminar). Anything can get overturned- if the money is right

I think that you need to be prepared to make a trip home. Go see the judge at the Vara da Familia in Rio before you leave. Then apply for the visa back home.

Or like Sven says, you can marry at a cartorio. If you register as a couple, her rights are effectively identical anyway, I think. You may have other reasons to not want to marry though, which is fair enough.

You could just overstay and leave on the 19th... i doubt that anyone cares. If you are worried about what will appear on your record, just get a new passport when you get home....

Edited by tbird - 27 June 2012 at 12:39
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sven
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Quote sven Replybullet Posted: 27 June 2012 at 12:41
The question still remains on who told him the 15th.
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GGTrek
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Quote GGTrek Replybullet Posted: 27 June 2012 at 12:44
Originally posted by sueco

Well the Company told me that I am entitled to the 40% I have been here for 4 years.
They use Deloite as the administers so I guess they know their stuff.

But this Habeas corpus. what is it really?


If you want to stay in Brazil I believe Sven's suggestion is the best one and the TOP priority one. Habeas Corpus will be dealt by a Federal Judge with top urgency (normally not more than a week wait). Read this article for a quick understanding on how it is used against deportation orders:
http://www.nacionaldedireito.com.br/jurisprudencia/68675/processual-penal-habeas-corpus-preventivo-recurso-ex-officio-estrangeiro-em-situa-o-irregular

I am sorry to say but it looks like the Human Resources department of your company looks a bit incompetent w.r.t. your visa situation. The requirements for the company to pay for return travel and belongings has to be in the work temp visa request, problem is that normally HR department is usually unaware of this unless they deal with a lot of foreigners. What happens is that they hire a despachante to prepare the visa request, but a company director signs the visa request where it is written that they have to provide you with these benefits. The director and HR usually sign these requests without reading the tens of pages of the work visa request.
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sueco
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Quote sueco Replybullet Posted: 27 June 2012 at 18:49
The people at emdoc told me they do the visa papers for the company i used to work for.


Man i can´t believe how much you guys are willing to help. Any one comming ot living in RIO beer on me!

Originally posted by sven

The question still remains on who told him the 15th.
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sven
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Quote sven Replybullet Posted: 27 June 2012 at 19:29
As long as emdoc doesn't inform the feds of your layoff, your still in the clear.

You say you where layed of on june 15th, which means that you tecnically you have your period of "aviso prévio", which you can either spend payed at home or working. Anyways, your labor contract continues untill one month after you've been fired (the aviso prévio period, which is why the homologation is on june 19th). So if emdoc states you have 30 days after your labor contract ends, the final date would be august 15th and not july 15th.

I'd get my own lawyer. Emdoc is your ex employers lawyer. Not that there is a conflict of interest, but they seem to be heavy on the big client side.
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Mineiro_Alemão
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Quote Mineiro_Alemão Replybullet Posted: 28 June 2012 at 11:55
Originally posted by GGTrek

.... 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! .......


Are sure that applies to WORK VISAS as well ?  Ermm

I´m sure you have to separate between work visa and CTPS (permanent visa foreigners based on child or mariage).

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sven
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Quote sven Replybullet Posted: 28 June 2012 at 13:51
Originally posted by Mineiro_Alemão


Originally posted by GGTrek

.... 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! .......
Are sure that applies to WORK VISAS as well ?  ErmmI´m sure you have to separate between work visa and CTPS (permanent visa foreigners based on child or mariage).


Of course not. FGTS is a constitutional guarantee for ALL workers, art 6, III CF, just not for the empregada domestica.
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