Help please

[dhc9866]

Have been reading this forum with interest over the past few weeks. I am currently UK based and am intending on making an investment in Brazil, along with
my girlfriend, who is a Brazilian national. We are both currently residing in the UK, and we are intendind to buy an exsisting business near Natal as a going
concern. I am currently semi retired and whilst I qualify to have a retirement visa on income, I think i fall short in the age bracket as I'm 44 years old.
I have seen differing opinions on what age you need to be to qualify for a retirement visa, some say 50, others say 60. The Brazilain Consulate does not
specify an age on any of its online literature, so I'm kinda in the dark as to what is the best option. We are planning on heading out there in the very near future
to view a number of busineses that are currently on the market in the area. My investment will be approx £250,000 (sterling).

The questions that I need help with are

1. I need to move very quickly on this and I need to know how best to approach to complete this whilst staying within the legal boundaries of immigration?

2. How long does it normally take to sure a residency visa with this type of investment? Can the deal still procedd while my immigration is being processed because my partner is Brazilian?

3. What legal representation is required and should I look to have this done in the UK or Brazil?

4. Can I work in my own business? I will be employing a few locals within the project.

5. If I set up a company in Brazil with my girlfriend will it be of more benefit? She will be an equal partner in the project anyhow.

6. I have a sound busniess head in my own world, what are the pitfalls of this world?

I would appreciate any feedback at all on this, even in areas that I might have missed. The advice on here seems very good and whilst I have a Brazilian to
guide me on the matters its nice to get other UK/US opinions from those who actually live there. The UK weather has driven me to seek pastures new and
whilst Natal/Pipa looks wonderful I'm sure there are things I need to know about it prior to my intital visit there.

Thanks in advance for any replies

 

[JMBroad]

Hi DHC

Here is my opinion:

1. I need to move very quickly on this and I need to know how best to approach to complete this whilst staying within the legal boundaries of immigration?

Move very quickly on what? The investment or the immigration? First off as a UK citizen, you are allowed to live in Brazil for 6 months on a regular tourist visa so if you want to move over immediately you can and then deal with the paperwork from here. The issue is that you'll need to leave Brazil to pick up the visa but you can pick it up from anywhere - for example a UK embassy in another Latin American country.

2. How long does it normally take to sure a residency visa with this type of investment? Can the deal still procedd while my immigration is being processed because my partner is Brazilian?

First off you mention a retirement visa and then you mention a residency visa with an investment - you can either apply for an investor visa or apply for a retirement visa - I think (as you are already committing to invest over the minimum for an investors visa) that it may be easier and faster to get an investor visa.
As for the speed of an investor visa, I've seen from 15 days (total, not 15 working days) to over a year and a half - all depends on the situation, the lawyer handling it and the luck of the draw I guess. The average takes around 3 (after the company is set up and the funds have arrived in Brazil)

3. What legal representation is required and should I look to have this done in the UK or Brazil?

Brazil - use a local lawyer - if you want some recommendations I'll be happy to pass you some names of lawyers who represent people investing with us. UK lawyers (unless they have an office in Brazil) will basically just sub-contract a Brazilian firm anyway so you avoid the double charge. Yes, you should use a lawyer, probably an accountant (contadora) and possibly a business administrator if you don't have anyone who can run the business for you while you are waiting for your visa.

4. Can I work in my own business? I will be employing a few locals within the project.

Yes you can.

5. If I set up a company in Brazil with my girlfriend will it be of more benefit? She will be an equal partner in the project anyhow.

Until you get your visa, a Brazilian resident (not necessarily of Brazilian nationality) has to be the administrator of your company. This means that they will have access to the funds you have brought over so it should be someone you trust implicitly.

6. I have a sound busniess head in my own world, what are the pitfalls of this world?

Too many to mention on a forum. Things work very differently in Brazil. I'd suggest moving over for 3 to 6 months to get used to the work mentality before committing to working here full time. The main and obvious thing is of course punctuality

Good luck.

 

[dhc9866]

Thanks for your response. Such good news, so in effect my GF can run the company for me until the visa comes. I was very unclear about which visa to apply for right now given the age thing, so probably the investor visa is the better option to try. Any info on lawyers/accountants would be very much appreciated, thanks in advance.
Having lived with a Brazilian long enough puncutality is not a word they can spell never mind understand!

 

[debzor]

Just a couple of riders to John's comments that you should bear in mind:

Hi DHC

Here is my opinion:

1. I need to move very quickly on this and I need to know how best to approach to complete this whilst staying within the legal boundaries of immigration?

Move very quickly on what? The investment or the immigration? First off as a UK citizen, you are allowed to live in Brazil for 6 months on a regular tourist visa so if you want to move over immediately you can and then deal with the paperwork from here. The issue is that you'll need to leave Brazil to pick up the visa but you can pick it up from anywhere - for example a UK embassy in another Latin American country.

You will need to return to the UK to organise your police report, if you have not already done so. This can take 40 working days to recieve, and is only valid for 90, so timing is imperative. Plus only the Brazilian Consulate in the UK can receive this and stamp your investor visa in your passport- not a UK embassy in another Latin American country.

After you have your visa (which takes at least 5 working days after you arrive back in the UK),you have another 90 days to return to Brazil, and a further 30 days to report to the Federal Police. Then you can stay for 3 years, after which you will need to 'prove' the investment.

2. How long does it normally take to sure a residency visa with this type of investment? Can the deal still procedd while my immigration is being processed because my partner is Brazilian?

First off you mention a retirement visa and then you mention a residency visa with an investment - you can either apply for an investor visa or apply for a retirement visa - I think (as you are already committing to invest over the minimum for an investors visa) that it may be easier and faster to get an investor visa.
As for the speed of an investor visa, I've seen from 15 days (total, not 15 working days) to over a year and a half - all depends on the situation, the lawyer handling it and the luck of the draw I guess. The average takes around 3 (after the company is set up and the funds have arrived in Brazil)

You cannot qualify for the retirement visa, especially if you intend to work! Your only option is the investor visa, which will take 2-3 months, start to finish, including all the business aspects. To be honest, from your position now, it is impossible in 15 days, but you must finish the process within 6 months to be able to stay here.

3. What legal representation is required and should I look to have this done in the UK or Brazil?

Brazil - use a local lawyer - if you want some recommendations I'll be happy to pass you some names of lawyers who represent people investing with us. UK lawyers (unless they have an office in Brazil) will basically just sub-contract a Brazilian firm anyway so you avoid the double charge. Yes, you should use a lawyer, probably an accountant (contadora) and possibly a business administrator if you don't have anyone who can run the business for you while you are waiting for your visa.

No question, you must use a qualified and immigration-experienced Brazilian attorney - and one who preferrably speaks English. Do not try to cut corners or save money or you could end up back home... with your money in Brazil. Ask to speak to previous clients who have successfully received (and ideally renewed) investor visas here in Brazil.

4. Can I work in my own business? I will be employing a few locals within the project.

Yes you can. With an investor visa, you can legally ONLY work in your own business.

5. If I set up a company in Brazil with my girlfriend will it be of more benefit? She will be an equal partner in the project anyhow.

Until you get your visa, a Brazilian resident (not necessarily of Brazilian nationality) has to be the administrator of your company. This means that they will have access to the funds you have brought over so it should be someone you trust implicitly.

6. I have a sound busniess head in my own world, what are the pitfalls of this world?

Too many to mention on a forum. Things work very differently in Brazil. I'd suggest moving over for 3 to 6 months to get used to the work mentality before committing to working here full time. The main and obvious thing is of course punctuality

Good luck.

 

[JMBroad]

Thanks for clarifying those points Debzor - I agree with your comments