Tourist Visa Stays in Brazil - 180 days per year maximum

Hi thanks, the problem is due to no fault of her own she may have to overstay but her job takes her all over the world so can not afford for the stamp to stop her getting work visas etc. also do you know where she can go to book a flight home at the minute she is staying in campinos. Thank you

William

This is a very interesting topic and we all appreciate all your counsel.  My question is what happens if the 180 days max stay per year has been exhausted, and you have a valid entry visa.  WIll you be refused entry at the airport in Sao Paulo or Rio? Thanks

Bom dia,

I am French so VWP. I arrived in Brazil on May 9th and can stay until August 6th(90 days). I don't really want to risk overstaying but waiting another 90 days outside Brazil to come back again is not the best either because...
My aim is to find a job related to FIFA world cup and Olympic Games since this is what I do and done before. I am now meeting a lot of professionals, having job interviews and learning Portuguese. So leaving Brazil in the middle of all this would be frustrating.
I know overstaying might not necessarily help me get a job but it is a risk I am willing to take. Staying out of Brazil another 3 months might ruin any chance I have to work for the football world cup since it's next year (unless I go back to Europe and find a job related to Brazil -which is very unlikely...)

So my questions are:
1)will overstaying be a risk if I apply later for a work visa? It's already hard for Europeans to get a work visa in Brazil so I don't want to make it worse.
2) if for example I stay until September 6 (overstay of 30 days), can I only re-enter Brazil after 90 days out and/or can I only stay 60 days the second time I re-enter?

I plan to go to Federal police but just wanted your advice first

Obrigada!

Hi haili,

To answer your first question, yes it might harm your chance to convert a work visa, but I don't think it would make that impossible perhaps just more difficult.

Your second question I really can't answer, I don't know how they calculate VWP stays, but I think you may be correct in your assumption that after a 90 day absence you would only be allowed 60 days. The rule of thumb they use is that nobody can (at any time during their stay) have been in Brazil for more than 180 days in any rolling year.

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

Hi William,

Can you or someone in the blog please respond my previous question of wether one can be denied entryy if they have exhausted their 180 days max stay in a year?  Thanks

Rey

Hello Rey,

The maximum anyone on a tourist stay, be it Tourist Visa or Visa Waiver Program (passport only) entry, is permitted to be in Brazil in any "rolling" one year time period is 180 days. If you've used that up then YES you will be refused entry to Brazil. The Federal Police will put you on the first available plane back to your origin. The Federal Police are very strict about adherance to the 180 day limit and they make no exceptions.

You are thinking that the document in your passport is the entry visa, which by itself it is not... it's the passport stamp which is the entry visa validation. The dates on those stamps are what make your entry possible or not. They simply put the information into the computer and it spits out a number of days which you are permitted to be in the country; or it denies entry.

The only way around this is if you were to apply for and receive a VITEM-V Work Visa and enter the country for work purposes.

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

Hi i enter brazil the first time july 15, 2012 and i stayed on and off a period of 205 days. Im planing to go back July 16.
My question is: On july 16 will start count the new 180 days?
It would be and issue to enter again since i overstayed 25 days?

stays

July 15 2012- september 15,2012 - 64 days
sept 22, 2012 - january 8, 2012 with and extension - 108 days
March 14, 2013 - April 15, 2013 - 33 days

Planing to go back July 16

Thanks

JC

I am an English citizen and hold both Irish and English Passports. My questions are:

1) I spent 85 days in Brazil (using UK passport) within the last 365 days, am I entitled to a further 95 days when i return to Brazil this year?

2)If I traveled to Brazil using my Irish passport would I be entitled to the full 180 days, or would that still be counted from my English passport?

Hope i am making sense..

Phil

Hi Phil,

No you wouldn't be able to have the 180 days consecutively with your Irish passport because it is under a separate visa agreement. Ireland is part of the Schengen Area Agreement with Brazil, so the rules are different. You are only permitted 3 months in any 6 month period. Essentially 90 days in, 90 days out, 90 days in and so on. You cannot extend a stay to have your days consecutive.

While the UK visa waiver agreement is different, you are permitted to have your 180 days consecutively using a UK passport by requesting an extension of your original 90 day stay.

You might be able to pop out to one of the neighboring South American countries for a few days and return using the other passport, I've heard that works from-time-to-time, but not always. That's because I understand it's all linked to the passport number. You would likely have greater success with that at a land crossing into Brazil rather than at an airport. So car or bus to and from whatever country. The one thing you should be aware of is that this is not the most legal of practices and if caught there might be some minor problems, but just like a visa overstay they're probably no big deal, just a fine.

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

Hi William,

Thanks for your explanation.

1) I was in Brazil for 85 days 4th Jan- 29th March 2013, however i was also in Brazil for 38 days Feb 27 2012. I am due to fly out to Brazil again in August 14 for 90 days. My question is, am i still legally entitled to 95 days or will they also count the time i was in Brazil during 2012 (38 days)?

2)Once my 180 days have been used up on my English passport, can I then use my Irish passport to travel to Brazil and have an additional 90 days?

Sorry to sound stupid, i am slightly anxious about the matter and just want some clarity.

Many thanks,
Phil

*upon returning to London, if i desired to then fly out to Brazil using my Irish passport would i be entitled to the 90 in rule, or would they know i have already used up 180 days on my English passport?

As I said in my initial response that it's my understanding that the system is tied into passport numbers and that some members have reported that they were able to enter on another passport. It may work, but there is no guarantee and you'd need to be willing to accept any consequences that might result.

My best advice to you is come into Brazil using your Irish passport, stay somewhat less than the 90 days and then scoot out to a neighboring country (land crossing) and try returning a few days later using the UK passport. If they refuse entry you will still have some time left on the Irish passport that you can at least enter Brazil and arrange to fly home from here. That's the best I can tell you.

Regarding the count of days, they will go back exactly one year on the date you enter Brazil (or request any extension of an existing visit) they will count all the days you've been in Brazil during that year and subtract that number from 180 to get the number of days you're entitled to.

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

Thank you very much for your advice...

Hi William and others,

Wow, I have been searching so much, calling numbers, emailing and this is by far the best information I have found. I was wondering if you or anyone could offer some advice for me.

I'm English and my girlfriend is Brazilian. I've spent 75 days in Brazil Since November last year and we are planning to live together in Rio. My girlfriend recently came to England for a month on a tourist visa and had problems getting in because she was "coming to see her boyfriend".  Everything was ok in the end but we both just got questioned a lot. (Me by telephone as I waited) Our biggest problem is, as you can imagine, what we are going to do about me getting a visa. We're both 29 and my girlfriend is a Doctor. We have looked into me getting a student visa but it seems difficult, a work visa impossible without an offer of employment; which you can only get with a visa (!). I can go back for another 3 months but after that we are really stuck about what to do?! We don't want to rush into marriage but it seems the only viable option to help things! Any advice would be greatly appreciated.

Many Thanks for your time and help,

Dan

(The easy way) (well there are a couple of ways to go. get married in England and apply for permanency there at the Brazil embassy once that is granted you can go to Brazil on a permanent resident status they will put a stamp in your passport for that.

(The hard way)the second way is go there on a visitors visa in November as soon as you get there go to the catorio (notary ) in Brazil and apply for a license to Marry you must do this in the city she resides
you will need documents from the the national police in Britain on your criminal history if any hopefully none. Documents stating you were never married before and a birth certificate all must be made legal for Brazil that is they must be authenticated by the Brazilian embassy in England and must also be translated by a translator that is certified by Brazil ( may be best to have them translated in Brazil) see the Brazilian embassy web site for the embassy in your country for the exact documents needed.

Then once you have them translated you can apply at the catorio for permission to marry you must then wait for them to approve your license to marry 30 to 90 days in the mean time at 90 days or a few days before apply for an extension of your visitors visa for an additional 90 days If you are lucky they will approve it in that additional 90 days you should then have received your license to marry and get married as soon as possible. Then you have to apply for a protocol for permanency at the Federal Police with all the documents they need.

So my advice is Get married in England and apply for permanency there because the other way is a huge pain and, and had I known this before hand I would have done it that way in the US. I am still waiting for them to visit me for my permanancia here. And it has been almost half a year, They told me it could take a year maybe 2 in country for this then they must approve my permanancia and must wait for it to be published in the Official Journal. So my advise the bureaucracy cant be as bad as it is in Brazil in England go the easy way if you can.

Hi Dan,

If you're travelling on a UK passport and you've included both the date of entry and date of exit from Brazil in your 75 day count then you are allowed 15 days for an initial stay in Brazil, which since the UK has a separate agreement with Brazil you can extend for an additional 90 days. You are permitted up to 180 days per year in the country (and unlike Schengen Area countries UK visits can be consecutive, not the 90 days in, 90 days away for Schengen).

While you say you don't want to rush into marriage there aren't a lot of other options available, unless you were to be able to find employment during the 105 days you could be in Brazil which would allow you to apply for a VITEM-V work visa.

If you do decide to go the marriage route you should make sure you have all the documents in order, legalized by the Brazilian Consulate in the UK as necessary, and be prepared to go right to the Cartório once here to apply for permission to marry, since the whole process can take a couple of months.

If your girlfriend is here in Brazil it shouldn't be all that difficult for her to find some kind of course for you to get into that would allow you to apply for a student visa. That really is something you should check out.

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

Thank you both very much for your great and quick responses. Yes my girlfriend is now back in Brazil, I think the best option is to try the student visa if I can get one, we will begin to look into it more, I just know that you need to have courses for at lest 15 hours a week, which was a problem when initially looking as most portuguese language classes we found were maximum 8 hours. We have heard once in Brazil we can prove that we are living together and apply for a temporary year visa on that note, although I don't have much information about this.

Other than that, like you say, marriage is the easiest option but we would prefer to do it out of choice when the time is right and romantically, not forced into it by the establishment!!

Thanks again, really impressed and grateful for the information given and the help!

Dan

Hi Dan,

Sorry to tell you that you've been given the wrong information regarding a temporary year visa since you're living together. I think you may have misunderstood and someone was telling you about the VIPER Permanent Visa based on "União Estável" (stable union). That is a visa you can apply for based on a relationship where you have lived together for a minimum period of one year. This must be proven by submitting certain documents such as rental contracts in both names, joint bank accounts, life insurance policy with one as insured and the other as beneficiary, etc. These documents must be at least one year old. So it still looks like your best bet is trying to get a VITEM-IV Student Visa.

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

Hi,

Our situation is the following: I arrived in Brazil in February but left the country before my 90 days expired. Since I arrived back in Brazil my 90 days of my tourist visa are almost up. Question, can I apply for an extension of 90 days because I left the country or are my days counted from my very 1st entry?

Thanks!

Steve

Hi stevito,

That all depends on first of all whether you actually have a VISA (document you had to apply for) or you have what is generally referred to as an "airport visa", which is just a stamp in your passport because you are from a Visa Waiver Program (VWP) or Schengen Area country (except UK).

If you have a (physical) visa and it is "multiple entry" then the days you are actually in the country according to the entry and exit stamps on your passport are what are counted (including the date of entry and date of exit as FULL days in the count).

You can request an extension at the Federal Police (Setor de Estrangeiros) nearest where you are living. You are allowed up to 180 days per "rolling" year, so if you've used 90 you can extend for a further 90 by filling out the necessary forms, paying the fee and producing your return flight information. Ideally this should be done several days or a week before your visa stay is due to end.

If you're from a VWP or Schengen Area country, you cannot extend your visa stay. It is 90 days in Brazil, 90 days out, 90 in, 90 out... etc. The only exception is for those holding a UK passport, due to a separate agreement with Brazil they are permitted to extend a stay to 180 consecutive days (maximum) in any "rolling" one year time period.

Hope this answers your questions completely.

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

thanks for getting back so promptly William!

I just have an "airport visa" and I am not from a Schengen area country, I'm Irish.

I guess my time is limited to 180 days....    but thank you for your time!

Rgds,

Steve

Hi stevito,

No, the Republic of Ireland is not under the UK agreement (but Northern Ireland is), it is under the Schengen Agreement with the EU countries. So you're looking at the 90 days here, 90 away, 90 here, 90 away scenario. The dates of all future visits are calculated based on your "first ever" entry into Brazil. No extension is permitted.

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

Hi Mr. Woodward,

I'm an American staying in Brazil on a 90-day tourist visa. I have planned to be here for 6 months and have my flight back to the US scheduled for October. I am at day 87 or so of my visa. I went to the federal police and found out that for some reason, the immigration official at the airport only gave me 30 days! I had assumed he gave me 90 but it turns out he didn't, so I had overstayed my visa by 57 days. They served me the fine and the 8-day notice, and told me that the computer system would not let them extend my visa. However, they told me that If I took a bus to the border, left the country, and re-entered, I would be granted a new 90 days to stay, totaling 180 for the year. Does this sound right? The federal police told me this, but I'm scared of leaving the country and not being able to get back in! My visa was issued by the Brazilian consulate in the US - it is confusing because it says it is valid for 90 days after the first entry but that I can spend up to 180 days per year in brazil.

"Visto valido por 90 dias
Maximo: 180 dias por ano
Nao permite trabalho ouestudo
Visto valido para utilizacao dentro de um ano a partir de sua emissao"

Edited to say: I have already paid the fine

Thanks!

Hi shreed90,

I've responded to your questions in the private message you sent me.

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

Hello,

I am a bit confused about the 90 day and 180 day rules. I am a Chilean citizen.  Does that mean that I have 180 non-consecutive days in country per calendar year?  Or do I have 90 days and then have to file an extension? Or do I have 90 days within a 180 day period? This is so confusing so any help is greatly appreciated!!

Phil

If you're a Chilean citizen and travel on a Chilean passport then you don't fall under this rule. Chile is a Visa Waiver Program (VWP)country so you don't need to apply for a Tourist Visa, you just present your passport on arrival and it gets an entry stamp, exit stamp upon departure.

The rule for VWP visits is three months in any six month period, so essentially 90 days in Brazil, 90 out, 90 in, 90 out. VWP visits cannot be extended to permit 180 consecutive days, although you still get 180 each year you can't link them together.

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

Thank you so much! However, I didn't know this and arrived in Brazil yesterday and they noted it was day 86 and I leave next Friday, therefore exceeding my 90 days.

Will I have problems leaving or will they just make me pay a fine?  Is it rolling as you described before? So if I return in 90 days, then count back 180 days to see if I exceeded my 90?

Thank you again!!!
Philip

Yes you'll pay a fine, either on leaving or upon return. The rule is 90 days in Brazil and 90 days out, you are only allowed that

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

Hi William,

I was in Brazil for 180 days consecutively this year, 2012/2013.
I left Brazil on the 5th of June 2013,If I planned to return on the 26th March 2014, would this be possible or would I have to wait longer to return. I have an Irish passport,

thanks,

Hello Deex1,

Irish passport meaning Ireland or Northern Ireland (UK passport)?

On a UK passport one is permitted 180 days per year, which may be consecutive due to a reciprocal agreement with Brazil.

On an Irish passport and it is a Visa Waiver Program entry (if one does not physically have a visa which was applied for before the Schengen Area Agreement) then one's stay can only be three months in a six month period. You still get 180 days each year, but they cannot be consecutive they must be separated by 90 days out of the country.

If on holds an Irish passport, but also holds a VITUR Tourist Visa then the visits are 180 days in a year, which can be consecutive.

If you're entitled (due to holding a visa) to 180 consecutive days, you would have to wait for the anniversary date of your last departure (June 5, 2014) to be able to have a visit of 180 days. If you were to return to Brazil on March 26 you will be entitled to a 90 day stay and an extension for the remainder of the days you are entitled to in one year.

You calculate that by taking the date you will apply for the extension, presumably just before June 26, go back exactly one year and count the exact number of days you have been in Brazil during that period (this must include the dates of entry and departure as full days) that number should then be subtracted from 180 and the remainder is the number of days you would receive as an extension. In your case it would almost be no extra days since you will have been out of Brazil just a bit over 270 days, which would only entitle you to an unextended 90 day visit.

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

Hi William,

I hold an Irish passport (Republic of Ireland).
I don't hold any visa only the tourist visa that was stamped at the airport.I was granted the 90 day extension without question, would this occur the next time I visit.

thanks,

Hello Deex1,

It's highly unlikely to happen again for two very important reasons:

1. Visa Waiver Program (VWP) stays for the Republic of Ireland are restricted to 3 months in a six month period. 90-90-90-90 rule

2. Even if you do enter Brazil you will not have been out of Brazil for a full year on the proposed date of re-entry so you would not have accumulated the full 180 days for the one year period.

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

Hi
I have been going back and fourth to Brazil on a tourist visa, but the discoussion about how the days are counted can be a little confusing. I arrived last year the 10. september, stayed 90 days, came back in february and stayed 90 days. When can I go back to Brazil? 10. september? Or should I wait longer? Thanks

Best regard
Ole

Hi Olejmoe,

The wording of the Schengen Area Agreement is "three months in a six month period". Very vague and therefore unfortunately open to interpretation.

This causes so much confusion for the Federal Police (who should know HOW to calculate stays) that visitors are not always treated the same. You ask 10 different people about your stay and you'll get 10 different answers.

Your case is proof. You arrived in September left in the end of December after staying 90 days. That means you should not have been able to return again until the following April, but you were allowed to come back in February for another 90 days.

The problem is that EVERYBODY at the Federal Police has their own idea about how to figure that out. Some at the Federal Police say from the date of your very first ever entry to Brazil, some say first entry that year, while others still just add 90 to your departure date to come up with a yes or no to entry. Sorry to tell you that's exactly the way it is.

So if you ask... "Can I come back again in September or will I have to wait longer?" The answer to that is:

Who knows? It all depends on the Federal Police Agent you deal with at the airport lineup upon arrival. If you want to be safe, wait until a date in November that corresponds to 90 days from the day of your exit.

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

Hi there
I've just been to the Federal Police to extended my visa another 90 days, I've been here 90 days already, what's all great, but i was "also" here for 30 days the beginning of this year as well where dose that put me
Peter from Iguaba Grande

Well, it looks like you're one very lucky man.... somebody made a mistake in calculating the stay in your favor. Guess their computer system was down and the person (probably a civilian contracted employee) did the calculation manually. They don't know their a-- from their elbow. Looks like the person did the calculation based on a calendar year as opposed to a "rolling" year. Nobody is permitted more than 180 days in any one year time period. They gave you the extension, that makes you legal.... their problem, not yours. Go celebrate!

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

wjwoodward wrote:

Hi Olejmoe,

The wording of the Schengen Area Agreement is "three months in a six month period". Very vague and therefore unfortunately open to interpretation.

This causes so much confusion for the Federal Police (who should know HOW to calculate stays) that visitors are not always treated the same. You ask 10 different people about your stay and you'll get 10 different answers.

Your case is proof. You arrived in September left in the end of December after staying 90 days. That means you should not have been able to return again until the following April, but you were allowed to come back in February for another 90 days.

The problem is that EVERYBODY at the Federal Police has their own idea about how to figure that out. Some at the Federal Police say from the date of your very first ever entry to Brazil, some say first entry that year, while others still just add 90 to your departure date to come up with a yes or no to entry. Sorry to tell you that's exactly the way it is.

So if you ask... "Can I come back again in September or will I have to wait longer?" The answer to that is:

Who knows? It all depends on the Federal Police Agent you deal with at the airport lineup upon arrival. If you want to be safe, wait until a date in November that corresponds to 90 days from the day of your exit.

Yes, no-one really knows. However:
http://www.planalto.gov.br/ccivil_03/_A … /D7821.htm

Artigo 5º
Duração da Estada
4. O presente Acordo não impede que o Brasil e os Estados-Membros prolonguem a duração da estada além do período de três meses, em conformidade com a legislação nacional e a legislação interna da União.

combined with:
http://www.planalto.gov.br/ccivil_03/leis/l6815.htm
Art. 12. O prazo de validade do visto de turista será de até cinco anos, fixado pelo Ministério das Relações Exteriores, dentro de critérios de reciprocidade, e proporcionará múltiplas entradas no País, com estadas não excedentes a noventa dias, prorrogáveis por igual período, totalizando o máximo de cento e oitenta dias por ano.

This seems to indicate that there is nothing that hinders a prolongation. I've heard of people in Brasilia being able to extend.

This is however the link of what is officially published by Itamaraty:
http://www.portalconsular.mre.gov.br/es … ingles.pdf
All schengen countries have a "*" which means "Maximum stay of 90 days every 180 days".
So clearly they apply reciprocity and base it on:
Art. 26. O visto concedido pela autoridade consular configura mera expectativa de direito, podendo a entrada, a estada ou o registro do estrangeiro ser obstado ocorrendo qualquer dos casos do artigo 7º, ou a inconveniência de sua presença no território nacional, a critério do Ministério da Justiça.
http://www.planalto.gov.br/ccivil_03/leis/l6815.htm

That's correct, there is no prohibition on a country extending the stay on a Schengen Area visa. It probably would be decided on a case by case basis, so it's not something I would advise anyone to rely on. Chances are you probably would not receive an extension.

However, this is not the issue at question here. The extension is not relevant. What is in question here is the previous 30 day stay, which clearly puts the stay over the allowable 180 day annual limit. This is what I can't figure out, and why I said that the mistake was made in his favor. Unless there were some extenuating circumstances which relate to the extension, it should have been granted for only 60 days. It was clearly a stroke of luck.

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

wjwoodward wrote:

As I said in my initial response that it's my understanding that the system is tied into passport numbers and that some members have reported that they were able to enter on another passport. It may work, but there is no guarantee and you'd need to be willing to accept any consequences that might result.

That was my assumption too, untill I once went to the federal police to obtain a "certidão migratória" of someone, which lists all entries and exits of a person in the period of time you ask for. It's based on name and will list the passport used at each entry/exit.

I'd say it's just luck and the person behind the desk (usually not from the federal police) just doesn't want to make a complicated calculation.

Oh, and Pete was clearly lucky in the same way.