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Visas and Documentation
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kanamit
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Quote kanamit Replybullet Topic: Working with União Estavel
    Posted: 04 May 2010 at 17:37

Hello everyone

i need some help to understand immigration laws in Brazil, here is my situation, i´m a french citizen in união estavel with a brazilian girl. I came to Brazil end of last year and i sent all the docs in order to get the permanent visa. I received at long last a document sent by the Ministerio de Trabalho e Emprego (MTE) with a Numero de processo. I would like to know what is it for? Does it mean i do not need to ask for a prolongation of the turist visa?
Also if someone is in the same case, i have now found a job but the company is asking me for the carteira de trabalho but according to the MTE, as i am not married ( but in uniao estavel) i am not eligible for one which means i' am not yet able to start working. I would like to know what are the options( or what documents do i need) in order to be able to work?
Thanks in advance for any help.

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man of leisure
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Quote man of leisure Replybullet Posted: 04 May 2010 at 17:47
It's not same conditions as those when applying for permanencia as a married person.  You don't get an extension to stay in Brazil while the applcation is being processed and you don't get permission to work.  The permanencia is not issued inside Brazil and you have to leave and apply for the visa at a Brazilian consulate.  
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kanamit
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Quote kanamit Replybullet Posted: 04 May 2010 at 17:54
Hi thanks for your swift reply however from what someone told me, i am eligible to work in Brazil but i need to get the permission from the MET but the problem is the department that deals with foreigners is on strike( therefore i would like to know if someone has dealt with them before and what are the requirements) and i do not really know if there is another way of proving that i am legal in the country and eligible to work?  
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Quote man of leisure Replybullet Posted: 04 May 2010 at 19:37
You are legal in the country until your visit visa expires and then you become illegal.  You have no right to work on a visit visa.  Unlike applications for permanencia based on marriage or parenthood, your status does not change when you apply for permanencia under stable union,

Read this thread. (the comment from Mixhaxl)

Originally posted by mixhaxl

You have to apply directly to the ministry of work, so you will not be 'protocolado' by the Federal police like permanencia apps based on marriage (which I believe gives you the right to remain in the country until the process is complete).  With the stable union app, you risk becoming irregular in the country and having to pay the fine for over staying. 



Edited by man of leisure - 04 May 2010 at 19:39
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Barry J
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Quote Barry J Replybullet Posted: 05 May 2010 at 09:32
I think the rules for stable union are open for interpretation by the relevent authorities.

I applied for permanencia based on stable union in Santa Catarina in November and had no problem obtaining a work card from the MTE.

I went to the MTE with my protocola and a letter from the Policia Federal (where I applied for my Permanencia), stating that I could be issued with a work card whilst the application is being processed.
A couple of weeks later I had my work card (which interestingly is valid for 3 years!)
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Mineiro_Alemão
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Quote Mineiro_Alemão Replybullet Posted: 05 May 2010 at 10:44
Originally posted by Barry J

... had my work card (which interestingly is valid for 3 years!)


Well, interesting that it´s valid for 3 years already.
But CTPS for foreigners are always issued with a date when they expire, not like the CTPS for Brazilians, wich has no date of expire.

Usually the CTPS for foreigners is valid acording to the validation of the CIE or if you don´t have a CIE yeat, acording to the protocolo.

Wink

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Barry J
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Quote Barry J Replybullet Posted: 05 May 2010 at 11:33
I think the 3 years was a best guess by the MTE as in the box in the protocolo for the valid date, the PF simply wrote "until publication in the D.0.U"
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Socorro
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Quote Socorro Replybullet Posted: 11 May 2010 at 19:02
Kanamit, I m also french and applied for the same visa. When you speak about your numero de protocolo, is it the one given from the MTE-CNIg after sending all your document and before leaving the country to get you permanent visa OR your protocolo from the PF you get after picking up your visa outside of brasil?
If it s the first case, so you are still on your tourist visa, the numero de protocolo from the MTE, doesn t give you any right to work (at least at what i understood). Once they let you know that your visa is accepted, you should go to pick it up outside of brasil and once you are back in brasil with your permanent visa, you need to apply for the RNE at the PF and also can go to the ministerio de trabalho to ask for your carteira de trabalho (7 days to be issued)
Hope it helps
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Quote Caitlin Replybullet Posted: 01 November 2010 at 18:49
@ Mineiro Alemao
 
As you mention in your post, CTPS for foreigners can expire.  Mine has, but my nice shiny RNE card isn't ready, and am not expecting it to become available for some time.
 
Do you know if I can get a new CTPS in this case?  And/or am I likely to be able to get a new contract with "registro" before my RNE crawls out of the system?
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Mineiro_Alemão
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Quote Mineiro_Alemão Replybullet Posted: 02 November 2010 at 10:34
Caitlin,

did you already apply for a new CIE or is it your first?

Anyway, you should be able to renew the CTPS also with the protocolo you got when applying for the CIE. Because the CTPS is valid acording to the CIE or the respective protocolo.
As long the CIE isn´t ready you´ll have to renew the protocolo as well as the CTPS.

Hope the CIE arrives soon.

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