VISA Stay

...and a side question: will the PF be able to see I overstayed if I re-enter with a new passport and visa? is their system computerized? again, i am willing to pay the fine upon arrival, but i'm just curious if they go off the stamp itself, or if it is in the system. thanks.

nikki

Hi Nikki,

Yes, the PF system is computerized, but from what I can understand it is keyed into the passport number and it is quite likely with a different passport and visa nothing will come up when they put your new information into the system. However, I'd have the money on hand just in case. If you don't get asked to pay the fine you've got some extra 'mad money'.

I'm not sure anything regarding the previous overstay will have any affect whatsoever on your ability to obtain a new visa. The worst case scenario is that the Consulate would make some kind of entry regarding the outstanding fine on your passport, so then you'd surely have to pay it upon arrival, but even that is doubtful.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

obrigada!

:-)

Hi Willliam,

I was wondering if you could give me a little advice also. I'm a guy who's planning to go to Brazil in May to enter into a civil partnership with my Brazilian boyfriend and hopefully live in Brazil. What is the best way to go about this? He has already left Ireland for Brazil so I will follow him out in a few months. I was planning on going, staying for the three months that I can, and then having a civil partnership. Would I legally be entitled to stay with him then?

Also, do you know what documents I need to enter into a civil partnership in Brazil?

And just one further question, if my return flight isn't for 5 months - will I be granted entry giving that the tourist visa system is 90 days?

Thanks in advance for any help that you can offer me - I've tried in vain to search this information online.

Jody

Hi Jody,

First the ticket, it must be dated for sometime during the three month (unextendable) stay. It is not necessary that the return ticket be to your home country, just out of Brazil and to a country that you have a visa for or may enter without one. So you might want to think about a second ticket, say to Chile, Argentina, or Peru.

If you get all of the documents ready before coming to Brazil for the civil union (believe they will be all the same ones as for foreigners in a civil marriage) and you go to the Cartório right away to register you might be able to get the process done within the three months. If you do manage to get throught it all in three months then you can apply for a permanent visa based on your Brazilian partner.

Once the application is made you will receive the protocol which has your photo, the ID information,stay period, and is stamped by the Federal Police. You will also receive a copy of your SINCRE which is a printout of all the information the Federal Police has about you. You may remain in Brazil and with these two documents obtain a work permit (Carteira de Trabalho) until the visa process is completed.

Note that they will only put a stay period of 180 days on the protocol so that is all you will get as far as validity for the work permit. You will need to go back to the Federal every 180 days and get the protocol extended (prorrogação) until the permanent document is ready. Therefore you will also need to return to the Ministry of Labor and renew your work permit every time you get the extension from the Feds.

If you can't get a date for the Civil Union within that three month period ask the Cartório if the same rules apply to a Civil Union as for Casamento por Procuração (Proxy Wedding), this would allow you to at least have the cerimony go ahead in your absence, with somebody authorized to stand in for you, sign all the documents. Once the service is done you can apply for a permanent visa.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Olá e bom dia para você senhor wjwoodward

I have a few questions I would like to ask you. You seemed to be very knowledgeable and I am in great need of your knowledge. I would be most grateful for your response and your help would not be soon forgot. Let me explain the situation I am in now. In September 2012 I went to Brasil for the first time under a tourist visa. I filed for a 90 day extension in November and departed February 22. The day my visa expired. During my stay in your country I fell in love with a beautiful damsel in distress.I would like to sweep my brasileira Cinderella off her feet and Marry her and live happy ever after. I would like to return to Brasil as soon as possible and take my fiancee into a better environment.Is there a other visa I could apply for other then tourist that would allow me to enter the country to marry her before the 6 month wait or do i have to wait 6 months to come back to Brasil . I have only spent 53 days in Brasil during 2013. If I don't have to wait a year or 6 months to see my love again this would be wonderful and I would leave tonight if possible. can you please give me advice and tell me when I can enter the country again legally.I will be extremely grateful for any positive information you give. Thanks Terry

Hi Terry,

The only way you would be able to return to Brazil anytime soon would be on a different kind of visa (i.e. Temporary Work Visa or Temporary Student Visa). You would have to either have a work contract waiting for you and company confirmation of this or confirmed registration in graduate studies at a Brazilian institution. Check the website for the Consulado-Geral do Brasil nearest you for the requirements for each visa.

Otherwise you must wait for one year from the date of your departure in order to qualify for a further 90 day visit with the ability to extend the visit for a further 90. I recommend the full 180 day period since for foreigners it can take 3 months from the time you register for the marriage at the Cartório (sometimes more). So even if you had all the documents in perfect order upon arrival and went to the Cartório right away you still risk not getting a date within the first 90 days if you were to come back after only 270 days. The problem is that for foreigners the Cartório must notify Brasília of the intention to marry, your marriage banns (name and information) must be published in the Diário Official do União (DOU) for 30 days, then your permission to marry must also be granted and published.

The only other options at this point would be the different visa or your girlfriend obtaining a tourist visa and coming to the USA to marry you there, register the marriage with the Consulado-Geral do Brasil and obtaining a Consular Cartório marriage certificate valid in Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Thank you for your time and knowledge on this subject you have been extremely helpful in this matter .It is sad news for me to hear because i was hoping to come back sooner. I will have to look into different types of visa's to hasten my return .

Hi Harmandep,

If you get married on Monday, April 1 then you can go to the Regional Headquarters of the Federal Police in Lapa the next day with the marriage certificate and apply for your permanent visa. You should get all the paperwork ready now and take your wife with you when you apply. Once you've applied you are permitted to remain in the country and to obtain a work permit until the process is completed.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

I was today at Galeao internationell airport in Rio de Janeiro. And as  wjwoodward said they dont extend visas. What im gonna do is overstay and just pay. It seems to be only economic problems if you overstay. And in My opinion I think its pretty cheap.

What do you guys think about overstaying?

Regards

Hi Stockholmguy,

The only consequence of the visa overstay is the fine, and it's quite low (about R$8,50 per day). It is considered an administrative infraction only and will not prevent you from returning to Brazil in the future. You will need to pay the fine immediately upon returning to Brazil or you won't be permitted entry; if you don't pay it when you leave the country this time. The only possible consequence comes from the visa overstay stamp they put in your passport, this could make it a bit harder to get visas to enter other countries since they can draw a negative inference from a visa overstay here.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Documentos necessários à instrução do pedido com base em prole brasileira:

Requerimento próprio, devidamente assinado pelo interessado;
cópia autenticada, nítida e completa do passaporte (inclusive das folhas em branco) ou do documento de viagem equivalente;
cópia autenticada da carteira de identidade do outro genitor do filho brasileiro;
cópia autenticada da certidão de nascimento da prole;
Declaração de que a prole vive sob sua guarda e dependência econômica, com firma reconhecida;
cópia autenticada da sentença transitada em julgado da ação de alimentos combinada com regulamentação de visitas, caso o estrangeiro não possua a guarda do menor;
Declaração de que não foi processado ou condenado criminalmente no Brasil ou no exterior, e
comprovante do pagamento da taxa respectiva.
Observação: Outros documentos poderão ser solicitados, quando se julgar necessário.


Documents required for processing the application based on Brazilian offspring:

Application, duly signed by the applicant;
certified copy, clear and complete passport (including the blank sheets) or equivalent travel document;
certified copy of the identity of the other parent of a Brazilian child;
certified copy of the birth certificate of offspring;
Statement that the offspring lives under his guard and economic dependence, notarized;
certified copy of the final judgment in the action of food combined with regulatory visits, if the alien does not have custody of the child;
Declaration that was not prosecuted or convicted criminally in Brazil or abroad, and
proof of payment of the relevant fee.
Note: Other documents may be required when deemed necessary.

Hello.

I am an American, married to a Brazilian. We got married in the US, and then returned to Brazil on my tourist visa. We have decided to stay in brazil and researched what we needed for me to enter into the process for my permanent visa. With this research we have realized that I will need to return to the US to get some documents.

My question is this....I have already received my 90 day extension and have exactly one month remaining. Today is April 10, 2013 and the expiration date they stamped on my passport is May 10, 2013. If I leave the country for say two weeks to get those documents and then come back to Brazil, will my visa still expire on May 10th, or will I receive two more weeks?

Thanks for your help!

Hi Janeeel,

Unfortunately we're talking about Brazil and the Federal Police who haven't got a clue. Since you're on the extended part (prorrogação de estada) I've heard various and conflicting reports from members. Some have had no problems obtaining the balance of days, others have. It appears that what happens depends on the individual officer, mood and if the computer system is working at the moment. So I really can't tell you what's going to happen one way or the other.

You did register the marriage at the Brazilian Consulate in the US and receive a Marriage Certificate from the Consular Cartório, didn't you? That's a must in order for your marriage to be recognized here. If you do have problems getting back in you can apply for your permanent visa in the US. I understand that they process them very much quicker abroad than here in Brazil in order to minimize separating spouses for too long. I've heard that processing time can be as little as three months to obtain a permanent visa abroad.

If there is any possible way that you can arrange for somebody back in the US to obtain the documents you need and send them to you by courier service before May 10, I'd suggest you try that since if you apply for the permanent visa here in time then you can legally stay and work until the process is completed. Worth thinking about.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi William

I have been reading your previous posts and it seems like you know everything about Brazil and visas so I was wondering if you could help me out too.

I have been accepted on to a volunteer programme to teach English in Brazil and will be starting in September until January 2014. I will be going out on a tourist visa so understand I will have 3 months and then can extend it to a further 3 months, so this will take me to February.  However I really want to be there for Carnaval which is from 28th Feb to 4th March 2014.

I was wondering what would be the best way to stay an extra couple of weeks.  Could I cross the border to Argentina in January say for a week or two and then come back into Brazil? Would this get me a further 90 days? Also I am unsure what to do about flights, would it be best to book a return flight to leave in February and then try and change this to a later date if I can be out there for carnival or can I just book a return flight out September- March? Will they flag this up when I get to the airport or could I say I will be travelling in between this time so won't be in Brazil for the full 7 months?

I already have a fine in my passport from a few years ago when I was in Brazil and overstayed the 90 days tourist visa.  I retuned to study in Brazil in 2010 and was never made to pay this fine but every time I went to the airport the passport control always took my passport away for ages and then still never made me pay the fine.  I eventually want to live in Brazil so I don't want to mess things up with the visa again and get deported! Could you let me know what you think would be the best thing to do?

Many Thanks!

Harriet

Hi Harriet,

Well if you don't mind paying the small fine involved (R$8,25 per day) and getting that ugly stamp on your passport that you've overstayed the visa then just stay the extra few weeks, pay the fine and you'll have absolutely no problem whatsoever should you want to re-enter Brazil at some point in the future once you've accumulated enough days to do so. It's really no big deal here and people do exactly that all the time. The only concern is if you plan on travelling to other countries that require a visa during the lifetime of that particular passport. Some might try and use the visa overstay stamp as a reason to deny your visa application. If you don't plan other international travel then go for it! You'll need a return ticket that shows the date on which you're "supposed to" leave Brazil, but one that you can change the date without too large of a fee. I don't believe the Federal Police will allow you to enter with an "open ended" ticket.

One other concern is your Tourist Visa - you are not permitted any kind of remunerated activity in Brazil on a Tourist Visa. So, if your volunteer activities pay you any kind of stipend you could wind up in trouble (remote could). If they supply accommodations and food only then you'll be ok. Otherwise you will require a VITEM visa for volunteer work.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi...Im currently in Brasil with a tourist visa which is good for 10 years with multiple entries.I went to the Federal police to ask for extention and denied.So,right now im here with an expired visa and im afraid that i loose my 10 years visa and i cannot come back once i decide to leave.Can i?If so,how long i have to wait.Also,i will get married with my fiance and i understand its going to be a very long process but can i get married with an expired visa?

Katju,

First of all, overstaying one's visa is not really such a big deal here. It involves a small fine (around R$8,25 per day, with a maximum of 100 days), you get a big ugly overstay stamp in your passport, which may or may not cause problems if you apply for visas to other countries however. As long as you pay the fine you have no problems whatsoever re-entering Brazil and you certainly would never have a visa revoked for this reason.

Regarding getting married to a Brazilian citizen in Brazil, a foreigner must be in a legal status, so you cannot get married if your visa is expired. The only alternatives are to leave the country and wait the necessary time to be able to return and marry then. Alternatively if you do so before the visa stay expires, you go to the Cartório and arrange for a "Casamento por Procuração" (proxy wedding) which allows someone to legally stand in for you, sign all documents, etc., at a wedding for which you personally cannot be present. Once it takes place and the Marriage Certificate is issued your partner can mail it to you back home and you then can apply for your Permanent Visa there. This would be a much shorter process than applying here, but you must wait for the visa to be issued before you can enter Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear William James Woodward
could you explain this "Casamento por Procuração" (proxy wedding) which allows someone to legally stand in for you, sign all documents, etc., at a wedding for which you personally cannot be present.

Regards
Masood

Marriage by proxy is arranged at the Cartório in Brazil where you would normally get married. It allows the wedding to take place even though one or even both parties cannot be present for some reason, such as one being a foreign national who is presently not in Brazil at the time of the ceremony. The one important thing to remember is that it must be applied for at the Cartório, both parties must be present at the time of the application, all the necessary documents must be presented and in order and then the Cartório will write up the Power of Attorney which permits the wedding and authorizes the person you specify as your proxy.

Check with the Cartório for further information about how to apply and fees.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

William

Does all this you've just explained apply EQUALLY to CIVIL UNIONS? I HOPE!

Proxy marriages? I'm not sure... I guess now that the laws regarding same-sex civil marriages are in effect and civil stable union contracts celebrated here in Brazil can be converted into marriages it may. It's a new area of law and in constant flux.

Really to get a firm answer you'd need to contact a Cartório to find out.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

William,

Your responses are extremely helpful, and I appreciate all the time you've put into helping foreigners navigate how to stay in this beautiful country.

I'm currently in Brazil on a tourist visa, and this is my third trip here in the last 365 days. I have never extended my tourist visa. The dates I have been in Brazil recently are:
- 6/14/12 to 8/14/12
- 12/16/12 to 1/11/13
- 6/5/13 until present

I just found out (after reading this thread), that the 90 days per 365 days visa period operates on a "rolling" basis and not the calendar year. As such, I've overstayed  my first 90 days (without ever having extended) by 7 days. At this point, every day I stay until 8/13/13 doesn't increase number of days I have overstayed the original 90-day visa period.

Currently, can I receive a tourist visa extension (83 days at this point, I'd assume) without having to leave Brazil? Or, will I be forced to leave Brazil if I even request a visa extension?

Thank you for your help!

Best,

Elliot

No, you won't need to leave Brazil to apply for the extension. You will pay a fine for the overstay (I think it's R$8.25 per day) and the fee for the extension.

I didn't do the math of your stays, you must count the day of each arrival and the day of each departure as full days in your calculation. If you've done that then your figure is correct and that's the number of days you should get.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Fantastic--thanks!

Dear William James Woodward,
I have received Invitation letter, now could my friend send to Brazilian Embassy embassy  or I will have to do this?
Thanks for your prompt response

Your friend should send the invitation letter to you, you will submit it with all the other necessary documents for the visa to the Consulado-Geral do Brasil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear William James Woodward,
Thanks for kind information, can I ask one thing more, there are two pages of Invitation letter, front and back, in front one there is written the matter of invitation and on the back side official stamp, when my friend scanned letter, it look that both pages are separated. So I feel this problem, but if you know that is legal in Brazil than I will submit it early.
Thanks

You can't submit the scanned copy of the invitation letter, it MUST be the original. Registries here in Brazil commonly place their seal on the back of documents, that will make absolutely no difference to the Consulado, when you use the original document. You should ask your friend to mail it to you via Registered Mail since it is important and should be able to be traced if it goes missing.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear William James Woodward,
I understand, Thanks a lot, May you refer the registered mail in Brazil which is good for pakistan? please.
Regards and thanks in advance

Yes, the Registered Mail in Brazil is sent as Registered in all countries.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear William James Woodward,
Thank you very much my Dear, I will remain stay in contact with you if I need any other information.
Regards

So here is my situation. At the end of 2011 i came to brazil on a tourist visa for 90 days and i renewed it for another 90. At the end of this time, i didnt leave. Ive been illegal for about a year now. Working. Recently, i came upon an opportunity to expand a business with several brazilians that already have a business up and running. For my work, they are willing to make me part owner (socio). They want me to legalize and resolve my situation here to continue.
They already talked to a lawyer and the lawyer said that i have to leave to argentina and go to the brazilian consulate, get a visa to enter brazil again, and then enter brazil again on this tourist visa where the business can help me transform the tourist visa to a work visa.

My question is...how can i legalize here, being an employee or owner of a company, without leaving brazil.

If i leave and go to argentina or paraguay without telling brazil that i left, am i going to have to go through all the paperwork to enter again? Like showing bank accounts and waiting two weeks and such? Will i have to wait the six months to reenter?

I need to find a way through this business to legalize without losing time because the extension of the business does not function without me.

Can i move from 'illegal' to 'irregular' as mentioned earlier? And sit there for a while?

If the federal police catch me working, what will happen? How much is the fine to the business? What time period will they give me to legalize? Or will i be arrested?

Someone once told me that if i hold a job illegaly for a year then they will automatically give me a work visa if i apply because i have showed that i am serious about living and working here. My last job i held for 10 months but the business shut down because the owner of the building sold the building.

I just realized that when i renewed my visa, i renewed before the 90 days. As such i only had a visa for 177 days. Can i pay the fine for my overstay and get a valid tourist visa for 3 days in which i can move to a work visa because im legal for a moment?

Dear William James Woodward,

I have recieved original letter, Please now guide me furthermore,
1: I am on tourist visa but coming for marriage, how can I verify the educational documents from Brazilian embassy, they will must ask why the need of this verification and also this is not requirements of tourist visa, what should be my reply?
2: I am coming in Brazil on tourist visa, and other hand there is need of certificate about marital status, how can I certify this letter from Brazilian Embassy.
3: Will they not reject me if they found that actually I am going for marriage there?
Please guide me Regarding above mentioned my question which are very important.
Thanks you for nice support

Hi Torkj,

Unless your visa was issued as a one time only visa, which I doubt you simply cross the border into any of the neighboring countries, pay the fine for overstaying your visa and that's the end of it. The problem is that you will then have to stay out of Brazil for a year until you could come back for a full 180 day visit (only 270 days if you only wanted to come back for 90 days). So that's not going to work for you either.

The only thing that will help in your situation is if you were able to obtain a different category of visa (VITEM-V work visa). Your situation is really difficult, especially since you are also working. There is certainly no way of resolving it without leaving Brazil, the question is how long it will be before you will be able to return.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Hi Masood Soomro,

Why don't you just apply for the tourist visa first. Once you have the visa then legalize all the documents you need. Legalization of documents is done very quickly so you should have time to do that between the date you get your visa and the date you intend to travel.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Meu Doce William,

Obrigada,

Of course I will apply for tourist visa as according to invitation letter, I asked that if I verify the documents Brazilian embassy must ask for this need as there no any requirement of Marital status letter or documents letter etc.
I asked you that will they not put questions for these kind of verification?

What I said that you should do is get the visa first, wait to legalize any of the other documents until AFTER you have received the visa. Once you have obtained the visa you will be OK

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team