Tourist Visa Stays in Brazil - 180 days per year maximum

Dear wjwoodward,

Really thank you so much for all the information you are providing through this blog, it is indeed of great help to any expat!

I wanted to ask you how much one pays for each day of overstay in Brazil?
And if someone applies for a two year technical business visa, is it possible to have dependent people included to the visa?

Thank you in advance!

The visa overstay fine is somewhere in the amount of R$8,25 per day of overstay, capped at a maximum of 100 days. While the overstay is really no big deal here in Brazil, paying the fine is the only consequence; are you really prepared for the possible future consequences that you might face should you need to apply for a visa to enter some other country?

People really tend not to think of this, but it is a very serious consequence indeed. Imagine that a year from now you get offered that dream job you've always hoped for, with a salary and benefits package that would make even Bill Gates sit up and take notice. Problem is that dream job just happens to be in Dubai and when you submit the application for your work visa and your passport, the immigrations authorities in the United Arab Emirates sees that great big ugly overstay stamp that Brazil has put into your passport as a valid reason to deny your work visa. Just how would you feel about that? And that is exactly what could really happen.

It's Newton's Third Law of Physics... Every action has an equal and opposite reaction. Problem is that most people that overstay their visas never think that the equal and opposite reaction just might not be here in Brazil or when they expect it to happen.

Regarding a VITEM-V Work Visa, I believe that it is possible to also apply for immediate family members (spouse and dependent children under 21 years of age).

Cheers,
William James Woodward, EB Experts Team

Thank you William James,

You are absolutely right! I would feel really so bad about it. Those are really very serious consequences and it is best to avoid it altogether. I was at a situation lately, where I had nearly overstayed in Brazil for a month because my tickets were booked a month later than 90 days. Hadn't we investigated the matter with the FP ( very friendly by the way) that it is only allowed to stay 180 days in brazil of which 90 days is the maximum continuous stay, my family and I would've paid a month of overstay. I have read on your blog also that the extension of the 90 days rule has been cancelled just recently, so this was a real surprise as well.

Do you think for the VITEM-V work visa that the immediate family members could include parents above the age of 60 when I am the one taking care of them?

I'm not certain about the VITEM-V including parents, even if they are dependent upon you financially and needing physical care, but they certainly would qualify to apply for a VIPER Permanent Visa if you held a VIPER under "reunião familial".

I would suggest that you check with the Ministério de Trabalho e Empregos if they would qualify under the VITEM-V as dependents. Failing that if you were successful at obtaining a VITEM-V Work Visa and remained in the country for 3 years (VITEM-V is for 2, so it would need to be renewed at least once) you qualify to apply for the VIPER Permanent Visa. Generally speaking, applications for transformation of VITEM-V visas to VIPER are almost always approved, since the requirements you must meet for both are nearly the same.

Cheers,
William James Woodward, EB Experts Team

Dear William James,

I thank you very much for your valuable answers.    Definitely, these information have given me a sense of direction and  I will investigate the points you advised me to and hopefully things will turn out good.

Do you think it would be a good idea to contact the Ministério de Trabalho e Empregos via email? If yes, do you have their email?

Thanks! 

Hello snoopy snoops,

The link below is to the Ministério de Trabalho e Empregos (English language version) website. It has many of the associated pages in English, however the "Fale conosco" (Talk to us) is in the Portuguese language. I do not know if they would have anyone who could read your communications in English and respond through that page, but you certainly could give it a try. If you receive no response within a few weeks I would then suggest that you type up your list of questions (in their simplest form) in MS Word in English, copy and paste them to Google Translator, which while not great will do a decent job if you keep it real simple, translate it into Portuguese then copy & paste the translated list of questions into a new e-mail to the MTE. Give it a try, it doesn't cost anything but your time.

http://portal.mte.gov.br/trab_estrang_ing/

Cheers,
William James Woodward, EB Experts Team

Thank you very much William and for the advice!

William, thanks very much for all your posts.  I extended my tourist visa at the airport in Rio recently and the officer I spoke with you told me, repeatedly, that when the 1 year anniversary is reached my 180 days starts over again.  He even drew a diagram for me!  After reading all this very useful information you have posted I think that he is incorrect. 

I wonder if others have had the same experience though?  Also, I will depart Brazil for two weeks and then return for 1 week.  I will have exactly 7 days left on my visa.  Has anyone been in a similar situation and if so, did you experience any hassle with the immigration officers on return?

Hi a_a,

He may or may not have been wrong, depending on what he was thinking about, because there are two systems and this is exactly what has generated so much confusion among the Federal Police themselves. Even they don't understand the system they work with correctly.

The first system for calculating visa stays if for the "Consular Visas" (i.e. the kind of visas that you actually must apply to the Consulado-Geral do Brasil to obtain, and get attached inside your passport) the calculation for these visas is exactly as I've explained over and over again, on a "rolling" one year time period. Essentially, on the day you enter Brazil they go back exactly one year and start counting days you've already been in Brazil. The whole process starts all over again should you subsequently apply for an extension, they go back one year from that date and count all the days in Brazil, but now including your present stay to determine IF you qualify for an extension and how many days you're entitled to.

Trust me, if it were ANY OTHER WAY than I've explained then a person would actually be able to spend a full year in Brazil at one time, simply by programming the stay around the anniversary date of their very first entry or from Jan. 1 to Dec. 31 as it used to be. Obviously this is NOT the case, it is impossible to do. In fact, this new system was developed specifically because of this. It used to be possible under the "calendar year" system that was in use previously to be in Brazil for 365 consecutive days by programming your arrival around your anniversary date or New Year (as the case may be for your citizenship). Not any more! So what has happened this has given some of the older hands at the Federal Police a third factor to confuse them, they've not fully understood the difference between the old system and the new one.

Then there is the second system of counting stays in Brazil for those entering under the Visa Waiver Program or under the Schengen Area Agreement. Essentially for them there is no visa document at all, just a stamp in their passport. Their stays are indeed calculated from the date of their very FIRST EVER entry into Brazil. They are permitted 3 months in any six month period, essentially 90 days in, 90 days out, forever. They are also (except for UK passport holders) not permitted to extend their stays to 180 consecutive days under the terms of the Agreement. However, many of them actually will be granted extensions anyway since the text does allow the ratifying nations to grant extensions should they choose to do so. I've heard of several cases where the Feds grant the extension anyway.

Also it depends on who you're actually dealing with at the Federal Police. In most cases you're NOT dealing with a Federal Police Agent, but rather a civilian contracted from an outside company who has absolutely no understanding of the law or with the directives (Normatives) that they are charged with enforcing. I've been at this for almost 13 years now and I can tell you that when you're dealing with the Federal Police, or anybody who has anything even remotely to do with immigration that you can ask the same (simple) question of 10 different people and you're guaranteed to get 10 completely and radically different answers; most of the time ALL TEN of them wrong!

hello
this is such a great blog and i have some questions to ask you!!
I entered Brazil on May 20th and my stuff was stolen so I was wating for a new credit card to be sent here in Brazil, finally now i will leave Brazil on August 27th a little bit overstay, i wonder if they will count the 90 days as 3 months or really 90 days
and if i overstay now, can i make a new visa and return to brazil again in november::>:
thanks sooo muchhh

Overstaying a VITUR Tourist Visa, or a VWP or Schengen Area Agreement stay only generates a small fine (R$8,28 per day). As long as the fine is paid (usually on returning to Brazil) there is absolutely no problem here in Brazil regarding entry.

Where the future problems MAY arise is in other countries. Some nations will use the overstay stamp in your passport as a reason to refuse you a visa should you apply for one. This is why I have always advised members not to overstay if at all possible.

Just imagine that two years down the road you get a fantastic job offer in the United Arab Emirates, with a pay package that would get Bill Gates' attention and you can't take the job because the UAE refuses to grant your visa???? 

thanks for reply!! its really fast!
What will happen if i change a passport
will it be still a problem in the future::]]
thanks so muchh

You'll have no problems in Brazil. If you're changing to a new passport then you won't have problems if you need to apply for a visa in another country in the future either. The new passport would no longer have the overstay stamp.

Thank you so much, I think youre doing a great job here, helping soo many people!!!

Dear wjwoodward (and everybody else).

First of all thanks for all this very interesting info!
I'm in a difficult situation and have some questions..
Right now I'm about to end an almost 90 days stay in Brazil an fly back to Holland. However I'd like to return in september or october. I know that according to the 'rolling year' system this would not be possible. What would happen if I just ignore this and go back anyway? would I be allowed in the country and pay the fine when I go, or would I be put on a plane back and just waste all my money of the flight?

I've done this before.. I stayed in Brazil from December 2013 till halfway in March 2014 (yes I overstayed slightly) and went back to Brazil in April! There was no problem at all for me to enter the country. They didn't even ask me to pay my fine (which was already payed, cause I asked my Brazilian girlfriend to pay it by bank transfer)

I really would like to know if there is a chance I'm refused to enter the country, and how high this chance is.. another problem I'm facing is this:

I'm a world touring musician and I will do concerts in Brazil in november or december. I have already stayed over 180 days in the past year. I think I would probably have to apply for a work or artist visa. my question: will the visa make it possible to enter the country again, or will it be impossible because of my earlier stay (on the tourist visa). Do those days add up or is the 90 days in 180 just for tourist visas?

Sorry for asking so many questions but this is really the last place I know to get my possible answers. I've read about every website possible but really couldn't find answers to this.

Thank you very much!

Thomas

Hi Thomas,

Although the Schengen Area Agreement wording of the length of one's stay in Brazil is "3 months in any 6 month period" and the text itself states that is non-extendable, there is another section of the agreement that permits ratifying nations to extend the initial stay if they choose to do so. So, the Agreement is not followed rigidly.

In most cases if the bearer of a Schengen country passport returns to Brazil shortly following a 3 month stay the Federal Police do not deny entry (although they can do so should they wish to). Really, it is more likely to depend on whether or not you've had a previous visit to Brazil in the year prior to your LAST visit. They'll go back one year and if your total number of days in the country during that period does not exceed 180 then you'll probably not have any problems in entering the country. If it does exceed 180 then you're going to get refused, no doubt about it.

That said, nothing is ever easy with the Federal Police involved. They are poorly trained for the immigration duties that they're required to perform. They, for the most part, do not have a clear understanding of the laws that they are required to enforce or the procedures that they should follow. You ask a simple question of 10 different Federal Police Agents and you're just as likely to get 10 different answers; all of them wrong! There is so much confusion among the Federal Police surrounding visas, stay calculations, etc., that it's truly a "roll of the dice" anytime one enters the country, be it someone with a consular visa (document), Visa Waiver Program or Schengen Area Agreement passport entry.

Really there is no way to be certain what will happen in any situation other than where you've been out of the country for the required 3 months. Yes, certainly you may be allowed in, but all it takes is a mis-informed Agent or one that just got up on the wrong side of the bed that morning, or one that doesn't like the color of your socks (even though he can't even see your socks) to spoil all of your plans. What can I say, other than........... that's just the way Brazil is!

Thank you for this very fast answer!
Yes I had a prior visit to the last visit.. and if I would calculate one year back it would have indeed stayed over 180 days.
So I would really get denied back in? that's a real disappointment!
Would a work/arist visa be a solution? Or would I still have to stay out of the country, even with that visa.

Another little question.. How do they calculate my stays, just by looking at the stamps in my passport? Or is it registered in a computer somewhere? If not, I could just get a new passport so all the pages are blank..

Thanks again for you help!

Thomas

Hi again Thomas,

Yes, any other category visa be it a VITEM-V Work Visa, VITEM-IV Student Visa, VITEM-II Business Visa are unaffected by a VITUR or VWP/Shengen stay. You'd have no problem re-entering Brazil with any of those since the 180 day stay wouldn't be counted.

Wow, that's a relief!! Thank you so much for this answer, I couldn't find it on any of the official websites!

So just getting a new passport wouldn't solve anything you think? I've heard of people doing it before..

All the best and thanks very much again!

A new passport wouldn't make any difference at all since the computer system cross-references not only the passport number, but the full name of the individual and any other identifying data that the Federal Police may have. So, upon return the computer would advise the officer of the previous visits anyway.

thats very helpful again thanks:)
the final question.. Am I allowed to enter another south american country now as a tourist? some websites mention 180 days in brazil, others say 180 in south america!

Thanks!

Sorry, I really don't know anything about the visa requirements in other South American countries, however most of them have entry only through Brazil (connecting flights from Brazilian airports) as fare as I'm aware. In this case you'd also need some validity on your Brazilian visa in order to transit through the airports here. Also if the Visa Waiver Program entries to Brazil work in the same was as they do in the USA, the clock keeps running on your stay in the country, even if you make a short visit to a neighboring country. So in the USA if you entered the country on Jan. 1, spent a week visiting Canada or Mexico, that week would still be counted as part of your stay in the USA. It is quite likely that the system here in Brazil works in the same way, but you'd have to confirm that with the Policia Federal.

Hi William,
I had visited brazil 2 times on business visa once in 2012 for 90 days and then in 2013 for 75 days I returns from brazil on 8th October 2013.
Now I had apply again for business visa on 21st July 2014 but still till date its just saw processing is there any limitation for issuing visa every year?
Generally I get visa in 15 days but this time it takes 1 month and my online application is also going to expired tomorrow.
Is there any criteria how frequently one can get visa?

For all other categories of Temporary Visas (Business, Student, Work, etc.) there is no restriction on the number of times or frequency with which you can apply, since there are for the most part single use visas. The 180 days VITUR Tourist Visa annual limit DOES NOT apply to other visa categories, they are issued for the length of time that they are needed for (max. 2 years) and then are no longer valid.

They're totally different and separate. In fact you could use up your 180 day annual entitlement on a VITUR Tourist Visa, return home and apply for a VITEM-V Work Visa and return to Brazil the moment the new visa was issued. Actually this is quite common since many people come here on a VITUR and find work, get the VITEM and come right back to start working.

Thanks William
Its good to know about this. what criteria is there for work visa?
From where I can get procedure for work visa?

To obtain a VITEM-V Work Visa you must have a signed employment contract with a Brazilian company (or confirmed offer of one) which must be sumbited to the Ministry of Labor in Brazil, once this has been accepted by the Ministry you apply through the Consulado-Geral do Brasil in Mumbai. See their website for visas and requirements:

http://mumbai.itamaraty.gov.br/pt-br/

Oky ,, you are have spoken clearly and straightforward

Dear William,
I had apply for business visa on 21/07/2014.
I received query from embassy on 22/08/2014.They ask for details of my previous visite to brazil of 2012 and 2013.
I had visited brazil in 5May2012 to 31st July 2012.
And 27Aug 2013 to 8 Oct 2013.It was official visit of our Brazil based manufacturing plant and meeting with some vendors.I was never engaged with any kind of work which generate revenue for me or other work.
I had used my legal time period during my stay.still I don't get visa yet.
What should I do?I am going to give reply of their query but is there anything wrong to stay for 90 days on business visa?is there any other type of visa for me who want to stay in brazil for official work.

Hello chintan_9281,

The VITEM-II Business Visa, allows the holder to come to Brazil in order to negotiate contracts, but it does NOT permit work that generates any kind of income while here and does not permit entering into any kind of a Work Contract.

I'm sure that you're aware that it is much more difficult for citizens of India and Pakistan to obtain any category of Brazilian visa, the VITEM-II is no different. The Consulado-Geral do Brasil (Mumbai or New Delhi) will take their own sweet time to analyze your application and nothing you can do will change that in any way or speed up the processing. In fact, pressuring them could have absolutely the opposite effect and delay issue.

Be patient and hope for the best.

Thanks William
I know the rules and I follow that let's see if they
Do not give me visa then what is possibility of next time if I apply again.

Every application is different, and judged on its own merits usually by different visa officers, so the chances are good that another application would have a different result.

Hi,

Apologies if this has already been covered elsewhere in the thread and I have missed it, but I'm hoping you can help with this enquiry. From what I can gather it appears that it's a murky area, so perhaps you won't be able to give a definitive answer.

I am an Australian, and was issued a tourist visa by the Brazilian consulate in London (where I have been living) in April 2014, following which I spent just short of 90 days in Brazil before returning to London. If I wish to return to Brazil for another 90 days (taking me up to the maximum of 180 days allowable in a year) is there any length of time I need to wait before I make this return trip. I have heard/read that I have stay out of Brazil for three months before I use the second "batch" of 90 days but elsewhere I have seen it not mentioned at all?

Anything you can offer in the way of advice would be much appreciated.

Cheers,
leroy78

Hello Leroy,

Until you've used up the 180 days per year you can come and go as you please if you have a multiple entry visa. Since you've used less than 90 day then you'd be permitted an initial stay of 90 days whenever you decide to return.

What you've heard about being out of Brazil before you can use the second 90 days is something completely different that doesn't apply to anyone who has a "consular" visa (real document attached to passport), that's for Visa Waiver Program and Schengen Area Agreement entries who don't get a visa, but rather just a stamp in their passport as they enter Brazil. They're the ones only allowed 3 months in any 6 month period.

Thanks so much for your response, it's very helpful. I had a feeling that would be the case, as the visa states "multiple entries" and doesn't have an expiry date anywhere, but wanted to make sure before I actually planned the flight etc. Cheers for replying so promptly!

Unless otherwise stated on the visa Brazilian VITUR Tourist Visas are valid for 5 years from date of issue, depending on reciprocity with the country of the holder's citizenship. In your case Australia is 5 years. USA citizens are issued a 10 year visa.

Hi wjwoodward,

I am in kind of in a sticky situation and you appear to be the most knowledgeable blogger on this subject that I have come across so far.

Here is my situation. I originally went to Brazil in 2011 on a tourist visa. I overstayed that (around 3 years total there). However, while there, I lost my passport with my visa in it and upon my return to the US was issued a temporary 3 month US passport for my return.

At the airport, I explained to the person evaluating passports/visas that I had overstayed my visa, knew the rules with regard to the fine and planned to pay the fine on my return to Brazil. She took my info to the computers and said she could not find anything on me in the system. (This might have something to do with the computers only going back 365 days). I was allowed to go, and now have a totally blank new passport.

I was told I need to apply for another tourist visa, which I am planning to do. I left Brazil in June (2014) and am hoping to go back by the end of October. I was going to try to get  a VIPER (permanent visa), as I recently married a Brazilian citizen, but the time for getting the FBI non-criminal report is around 8-10 weeks and I wanted to get back there before then.

Basically, given all these crazy out of the ordinary circumstances (i.e. my initial arrival date falling way before the last 365 days, the lack of any arrival/departure info in my passport book with the new visa, and the official previously telling me they had no information on me when I actually departed), do you think I am going to run into problems with getting back into the country. I am kind of thinking that they won't calculate the time I spent in Brazil prior to my departure because of what that official told me at the airport.

The idea is this time to stay for the 90 days (+90 day extension) and then come back to the US and get the permanent visa. Let me know if you have any thoughts or know of any similar situations out there. THANKS!

First of all, overstay or no, you'll have no problems getting into Brazil provided you pay the fine for the overstay. I presume that they either assessed the maximum fine (100 days) which should be somewhere around R828,00 give or take, right? Or did they just let you go without a fine? If there was no fine then according to their system there was no overstay and you'll have a completely clean slate when you come back, especially if you're coming back on a new passport and new VITUR Tourist Visa.

What is in doubt will be the exact amount of time you'll be able to stay. If more than 180 days have passed since your departure, you'll be allowed an initial stay equal to the number of days OVER 180 that you've been out of the country, with no possibility of extension.

If 270 days have passed since your departure date then you'll be allowed an initial stay of the full 90 days, again this would not be subject to an extension.

If you've been out of Brazil for over 270 days, then you are entitled to an initial stay of 90 days PLUS an extension equal to the number of days OVER 270.

If you're REEEEAAALLY lucky, and the don't have anything in the system about your overstay, then you might just be in for a surprise when it comes time to apply for the extension. If you get the initial 90 days, then request a 90 day extension. With luck they'll simply grant the 90 days, if they do have information about the overstay then they'll tell you you're only entitles to X number of days on the extension or no extension at all. Ideally you should apply for the extension 3 or 4 days before the initial stay expires just in case you run into any snags and have to go back to the PF.

Now, on another subject... your marriage. Were you married here in Brazil or in the USA? If you were married here in Brazil you may not even need the FBI Check, especially if you've NEVER had any criminal (felony) convictions. You can ask the PF about signing a Declaração Sob Pena da Lei de Nada Consta (Bons Antecedentes) instead. In fact, they may even temporarily accept that even if they do want the FBI check. Also if you were married in Brazil and apply for a VIPER Permanent Visa now under the new rules, if your paperwork is all in order when you apply for the VIPER, permanency is automatically granted, you apply for your RNE and Cédula de Identidade Estrangeiro all at the same time and you're supposed to get the CIE back in 60 days (while that timeframe estimate still remains to be seen!). So if you were married here, it might be to your advantage to just jump right in and apply for the VIPER upon arrival.

Any further questions, just post here again and I'll try and answer you the best I can.

Cheers,
William James Woodward, EB Experts Team

I got married in the US over the summer. We were hoping to be back in Brazil by mid-October, so getting the FBI non-criminal record will take too long. I most recently left Brazil in late June (so I don't have the necessary time out of the country to reenter before Dec 15, 2014). When I left Brazil, I informed the official that I knew about the fine and would pay for it when I reentered. She said she had no information saying I needed to pay a fine.... so that is where I got optimistic thinking that maybe I could just reenter "undetected" before the 180 day period is up. I am thinking this might not be the best idea, however. I am afraid of going just to have them send me back to the US.  Any thoughts?

I'd wait at least the 180 days, just to be on the safe side if I were you.

You should use the time, if your spouse is still in the USA with you, to register the marriage with the Consulado-Geral do Brasil that has jurisdiction over the city where you reside in the USA, if you have not already done this. Unfortunately, it is the Brazilian spouse that must do this and I don't know how you register it if in Brazil, I think it would have to go through Brasília.