Tourist Visa Stays in Brazil - 180 days per year maximum

If you apply for the VIPER in the USA, it will take about 2-3 months to obtain, but you can't enter Brazil (even on any other category visa) until you've been issued the VIPER.

If you come to Brazil on the VITUR and apply here then you automatically have the right to stay in Brazil, obtain a work permit and to work, while the VIPER is being processed no matter how long it takes.

I'd go for option 2 if I were you. Legally, they can't refuse the VIPER based on marriage, since it violates your rights under Art. 226 of the Brazilian Constitution. Also, once you're here they have to accept your application for Permanência Definitiva (when made based on the grounds of Brazilian spouse or Brazilian child) even if your visa stay has expired. Visa applications based on other grounds can only be made during the valid period of a visa stay.

One more question for you. I am thinking about just calling the Federal Police (Immigration) and asking about my status. Would you know what agency/department I should contact. I have been looking around online and was thinking about contacting the Policia Federal - Guarulhos.

You could call Guarulhos or the Superintendência Regional da Policia Federal in Lapa, São Paulo

R. Hugo D'Antola, 95 - Lapa de Baixo - São Paulo-SP
CEP 05038-090
PABX:  011+55+11-3538-5000 (from USA)

Thank you so much for all your help!!! You seem to know a lot more than the Consulate with regard to answering these types of questions. I really appreciate it!

Hi can you please clarify the following;  Iam planning too travel too Bahia Salvador early Febuary 2015 too study Portuguese language for a maxmum period of three months. I then plan to travel too Brasilia for a period of maximum three months.   I was in Brasilia this year between  3rd july ,that was leave date from nz and left Brasilia on the 3rd of september, back too nz .  I am wanting too know when i travel 2015 as above, exactly when i can return back too Brasilia for the duration of my travel back too nz in early Febuary 2016  much thanks yours sincerely julie beldham

If you spent a total of 180 days in Brazil roughly from February - end of July 2015 then you'd have to wait until the end of July 2016 to be entitled to the full 180 days again. If you came back at the end of April or beginning of May you'd only be entitled to 90 days.

Thanks for the early reply   sorry i think my message may have been confusing    i plan too be in brasil next year maximum six months ie early feb too early august   i dont have too be back in nz till feb 2016,  so i was wondering how long from early august 2015 do i have too stay out of brasil before i can come back, as i was thinking of coming back too brasil before i head home to nz feb 2016     i just mentioned that i was there just recently ,that was july too sept 2014, as i thought that info was relevant too the calculation  thankyou i hope that is clearer? julie

Once you've used up your 180 days you would have to be out of Brazil for 270 days to get another 90 day visit and a full year to get 180 days.

Dear Mr. Woodward,

First of all, I'd like to thank you for the loads of information you've given here which has been very useful so far.
I just finished browsing through the conversation, and I was wondering if I could ask some questions?

I'm looking into the possibility of studying Portuguese in Porto Alegre, Brazil and staying as long as possible (legally, I don't want to overstay because of the potential risks it can involve later on). I already contacted the university which has a Portuguese course for foreigners. However, they only accept subscriptions based on semesters, which is a 6-month period and therefor only give VITEM-IV Student Visa for a period of 6 months. I was wondering if it was possible for a Belgian like me to obtain a 1 year VITEM-IV Student Visa permit (maybe through a private course accredited by the Ministery), and if this permit can be extended? I'm quite confused with the possibilities of Student Visa extension. Some people seem to be able to extend it with no problems, but since I'm party of the Schengen area, I fear it might not be possible for me.

Also, would you happen to know if the VITEM-IV Student Visa can only be obtained back in my home country? Because I'm planning on entering Brazil on a VWP tourist visa, leaving the country, applying for the student visa in my embassy in Uruguay or Argentina and then re-entering Brazil on my brand new student visa. This would save me quite a lot of money, since returning to Belgium just to get my student visa seems absurd and very expensive.

Thank you!

Folkert

Hi Folkert,

Generally speaking all VITEM-IV Student Visas are issued based upon semesters. It doesn't make any difference that you're from the Schengen Area, it is a different category of visa and has nothing at all to do with the VITUR - Tourist Visa stay count.

You shouldn't have any problem renewing a VITEM-IV provided that you have confirmations from the educational institution of continuation in a qualifying course.

Cheers,
wjw

I have a few urgent questions. Number 1-
Im a US citizen-
Do I need to extend my visa before 90 days of my visit, or 90 days of the 6 months? I visited Brazil for 2 weeks in June, and am unsure when to extend my visa. My 90 days in a 6 month period is almost up, so I need to know when.

Also, I want to stay longer than 3 more months bc I'm living with my fiancé and waiting for a fiancé visa for him for the USA. Is a student visa my only option? And how many hours are generally required?
Even if I use 180 days from my tourist visa, can I still get a student visa and return 1-2 months later?
I really want to be with my fiancé while we wait for his visa
Thanks so much for the help!!

If you were in Brazil already in the past year, those days are counted against your 180 day limit. When you returned you would have been given an initial stay of 90 days and a departure date should be shown or you should have been given a departure date. Ideally you should apply for an extension "prorrogação de estada" about 3 or 4 days before you stay expires. When you apply they will count up ALL of the days you've already been in Brazil in the year before the date of your extension application and subtract that number from 180 to determine the length of extension you'd be permitted. So if you've had 90 days now and 14 days in June then you'd be entitled to an extension of 76 days.

If you return to the USA and apply for a VITEM-IV Student Visa you could return as soon as the course begins (they usually make it valid for an entry a day or two before the course start-up). Since it is a different visa category your VITUR Tourist Visa stays have absolutely no effect on your VITEM-IV stay.

Thank you very much! So even though I will have been in Brazil for more than 90 days in a 6-month period, it will be ok?

Also, do you happen to know current requirements for how many school hours are required for the visa?

Thank you again!!

I don't really know all that much about student visas, but I think it depends more on the course itself than the number of hours of study. You'll have to ask either the educational institution or the Consulado-Geral do Brasil about that.

Anyone know what happens if you overstay your visa while waiting for a fiancé visa (to go to the USA)? Or if it's possible? I wanna stay with my fiancé here in Brazil, but am worried all the paperwork might somehow alert them that I'm still here

Thanks for the help

If you submitted the paperwork to the INS by mail the Brazilian Federal Police will never know about it. Your overstay here in Brazil would not have any effect on your fiancé's application, but you should be aware that while an overstay here in Brazil is no big deal here, the stamp you'll get in your passport for the overstay and fine upon leaving the country can be used as an excuse for other countries to deny YOU a visa should you wish to travel in the future.

William
I am a frequent traveller to Brasil (german national) because a have a family there and still work abroad. I always spend really more time outside Brasil than inside (see below). I was quite surprised when the PF declared on entry on 7th Sept. that I only can get 12 regular days. I calculated back and forth and I do not understand how they come to that result. Anyways; I overstayed 10 days, before leaving I regularised, payed the fine, received that big stamp and traveled ahead as normal.
My big concern is now, can I enter on the 23. November without problems
I planned a larger period of 8 weeks outside to catch that new clean calculation period, if that really exists. Is there a minimum period to stay abroad for the ones who have been fined? My case is a bit different from the many cases discussed here where people overstay the 90 days in one stay. 

      travel period; days inside Br
23-Dec-12  -  20-Jan-13; 29
17-Mar-13  -  12-Apr-13; 27
19-May-13 -  16-Jun-13; 29
26-Jul-13   -  18-Aug-13; 24
22-Sep-13  -  13-Oct-13; 22
24-Nov-13  -   29-Dec-13; 36                                                             
14-Feb-14  -   19-Mar-14; 34
27-Apr-14  -    25-May-14; 29
6-Jul-14    -      3-Aug-14; 29
7-Sep-14   -    28-Sep-14  (only 12 days given at entry)

Actually, by my calculation you've already been in Brazil for 104 days in the 6 months between 14-Feb-14 and the 12 days that will get counted for the 18-July14 (counting only the 12 days they gave you). So they actually shouldn't have allowed you to enter at all, since the wording of the Schengen Area Agreement ONLY permits 3 months in any 6 month period (90 days in 180 day period).

So it appears that you are now going to have to wait 90 days from your date of departure, or until 26-Dec-2014 until you can return.

I do not get how you calculate the 104 days. Between 14-Feb and 15-Aug I only have 92 days (34+29+29) in country, but yes 2 days over the allowed limit. Should that trigger something. You say they should not have allowed me in, but they did and with the odd 12 days. I cannot repeat that number with whatever fancy algorithm I try to use
For sure Brasil is not using the the back looking period of 180 days from actual entry date. They rather use a fixed period from first entry date as it is proposed in the brasilian law blog "ius navigandi " (jus.com.br/ajuda/8/forum) and others. I have seen some comments in this direction also in this blog.
I found an entry in an EU-site, that the "new" back looking method is not used for citizens of Brasil and some others. For them they still use the "old" method :
"Please note that the change does not apply to the visa waiver agreements concluded between the EU and Antigua and Barbuda, The Bahamas, Barbados, Brazil, Saint Kitts and Nevis, Mauritius, and Seychelles where the old definition ("3 months during a 6 months period following the date of first entry") continues to apply."
ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/docs/short_stay_schengen_calculator_user_manual_en.pdf

I melts down to what you mentioned earlier in this blog yourself: we don't know how it is calculated; and they (PFs) don't know either.
I wonder whether they have a little tool like in Schengen where everybody can calculate the days still available for entry. (the short stay calculator) :  ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/schengen_calculator_en.html
That would help a lot 

You're right, they haven't the first clue as to what they're doing and they all do it differently. That's the sad reality of Brazil. You ask 10 different people at the DPF a simple question and you'll always get 10 different answers........ inveriably ALL ten answers are wrong.

Hello everyone.
I am Australian that has currently been in Brazil for 4.5 months. On my 87th day in Brazil I obtained a 90 day visa extension from the federal police. My current visa expires on December 7th 2014. My current dilemma is I want to visit a friend in Bolivia for 2 weeks and then return to Brazil. Is it possible to leave and reenter Brazil with my current visa extension ? My original visa was a multiple entry visa.

Appreciate any quick replies.
Kind regards ,
Josh

Hello Josh,

Nothing is predictable with the Policia Federal because in most cases they haven't the first clue about what they're doing and everybody just invents their own rules as they go along.

That said, if you got the extension you obviously have not used up your 180 days, so in theory you shouldn't have any problems in re-entering Brazil. Some officers (or worse still the civilian contracted employees) wrongly think that if you haven't used the full 90 days you were given then you simply lose them. So before you actually cross into another country make certain that you ask the officer if you will be able to re-enter without problems.

Cheers,
William James Woodward, Expat-blog Experts Team

Referring to my previous entry further up.
I did enter Brasil on Nov. 10th. On the question 'How many days?' I got the answer 'noventa',  I asked as well 'what is the day of my first entry?' I got the response 'hoje' and 'cada vez vc tem novents dias'. I give it up. It cannot be calculated.

But it appears that there is no problem for re-entry if one has been fined and the fine has been payed if one stays within the counting rules.

Hello Elsass,

Sorry, I guess I should have first looked at your profile before responding to your question. I didn't realize that you're from Germany and were entering Brazil on a Schengen Area Agreement (airport visa). I assumed in error that you were from Saudi Arabia and thus required a consular visa.

While the 180 day per year limit is the same for ALL tourists the means of calculating that is different for those requiring a consular visa affixed to their passport and Visa Waiver Program entries.

The Schengen Area Agreement stipulates that one is permitted to spend 3 months in a 6 month period in Brazil. This provision is not necessarily enforced strictly and sometimes one will indeed be permitted to re-enter the country shortly following their previous visit and spend another 3 months. However, once the full 180 days are used up you would be required to be out of Brazil until the anniversary date of your FIRST EVER entry into Brazil in order to re-enter once again. For VWP entries everything is based on the FIRST EVER entry into Brazil.

Another provision of the Visa Waiver Program and Schengen Area Agreement is that the 90 day (three month) stay may not be extended in order to obtain an uninterrupted 180 day stay. This too is not strictly enforced since the wording of the Schengen Area Agreement also says that the contracting states MAY extend visits should they so choose. In this case it will be the Policia Federal here in Brazil that would authroize an extension (prorrogação de estada) and it will depend on the individual Federal Police agent whether or not the extension is granted. They often do grant the extension, but be warned THERE IS NO GUARANTEE that they will.

Sorry for the information that was given in error the first time around.

Cheers,
William James Woodward, Expat-blog Experts Team

Hi William

I had posted once before long ago. Here I am again and I do hope you can help me!

I had travelled to Brazil in 2013. 90 days tourist visa (I'm Australian).
I applied and was granted an extension for further 90 days.
Great.

However, I did not 'use' up the full 90 days extension and only stayed for 30 days.
This was last May 2013. In effect, I stayed for 4 months ( 90 days first visa + 1 month the extension).

Though my passport has a stamp with an actual date for the 'Prorrogada at´´25/8/2013'. 
Does this mean ,that the extension was for a particular date frame of 90 days extra? And it's effectively expired?

I really thought that its for multiple entries for some years?!
Or does that apply for the first 90 days visa only? (not the extension).

I calculated that I have an extra (hopefully) 54 days. I already have my ticket to go back in 2 weeks!!! Wondering if I have to apply for new visa or just use this one....?

Thanks!

Jenny

The prorrogação is ONLY for that particular stay and they usually give 90 days.

The visa itself will either show a validity in the text at the bottom if it is valid for 10 years. If there is nothing in that text then the visa is valid for 5 years from the date of issue for most countries.This applies only to Consular Visas, not to Visa Waiver Program or Schengen Area Agreement entries.

Thanks for the reply William. On leaving Brazil I asked the immigration officers before they stamped my passport. Three of them said they didn't know ! Haha!

I returned to Brazil a few days ago with no problems at all though, although it took the immigration officer about 3 minutes to get his head around the fact that I had a visa extension and an additional 90 days. A beautiful country but up there with the most inefficient out of the 70 or so countries I've visited.

Thanks again.

Josh.

Hi Jenny,

They are supposed to calculate your visits based only on the EXIT/ENTRY stamp dates. The prorrogação (extension) is just to give you permission to remain in the country until a certain date.

Cheers,
James

Hello again, William! Thank you so much for explaining the rules. I visited Natal for 28 days recently and I loved it! I am going back in early 2015 and I am trying to figure out my options for how long I can be there on my tourist visa.

My understanding from your explanation is that on my next visit in early 2015 I will be allowed to stay 90 days with a possible 62-day extension (90 days - 28 days from my previous visit). This is clear so far. My question is whether I will be allowed to exit and re-enter the country during the extension period. I have read mixed things about this. For example, can I leave Brazil on day 100 and re-enter the country a month later to spend the remaining 52 days or would I be denied entry at this point?

Is this following scenario also an available option? Can I enter Brazil multiple times up to a maximum of 180 days stay in a one-year period without extensions? For example, visit Brazil for 28 days on the first visit, then stay for 90 days on the second visit and go for a third visit of 62 days, all adding up to 180 days within a 365 day period.

Thank you!
Mirna

Hi Mirna,

First of all, you are counting each day of entry and day of departure as full days in the calculation, aren't you? That's a must in order to get the correct count.

As far as being able to exit Brazil and re-enter the country during the extension (prorrogação) period on your visa - YOU ARE SUPPOSED TO BE ABLE TO DO SO. If you have a multiple entry visa you are supposed to be able to come and go at will until all 180 days are exhausted. While most agents understand this, some are of the incorrect notion that on an extension you either use up all the days or lose them, NOT TRUE.

That said, many of the Federal Police aren't really aware of exactly how the system and calculation works, so you may have a problem with some of them. It's always best to confirm with the senior officer in charge at any airport check or land crossing before you actually depart, just to be on the safe side. If possible note down the name of the officer you've spoken to in case you run into a problem with someone else later, then you can say... "Agent XXXXX explained it like this......"

Cheers,
William James Woodward, Expat-blog Experts Team

Thank you once again for your wonderful advice, William. Yes, I am counting day of entry and day of exit as full days. I really appreciate your help!
-M

No problem Mirna, anything for somebody from the Pacific Northwest! As a former Vancouverite I used to come down to Seattle quite often, wonderful part of the country.

Cheers,
James

Hi there!

So glad i cam across this page....and i have a question about the tourist visa too!!

I was in Brazil for one and a half months.....from Oct. 28th to Dec. 11th of 2014. I am currently engaged to an american, and awaiting wedding times and visa work outs for America. I am planning on leaving the USA on June 11th and heading to Brazil for my 90 days. That would have me leaving Brazil on September 11th (more or less!).

I need to be back in Brazil for December (early, or even end of November) 2015. Will i be allowed to enter in December, as the rolling year my Visa is on runs from October to October?
Or will I need to wait longer....? Good to know before I book my tickets!

Thanks for all the help!
Coco

Hi cocoreilly,

I guess you have missed the meaning of "rolling year", you're thinking of a calendar year.

The way the system works with VITUR Tourists is that on the day you enter Brazil they look back exactly one year from that date and count ALL of the days that you've already been in the country (including day of entry and departure as full days). Then they subtract that number from 180 to determine the exact number of days that you can be in Brazil. One is allowed to be in Brazil for 180 days in any "rolling" one year time block, so essentially what that means is that AT ANY POINT IN YOUR STAY (and this is the rule of thumb that the Federal Police go by) you cannot have been in the country for more than 180 days (counting backwards from that day's date). If so, then you are in an overstay situation and subject to a small fine and a "polite invitation" to leave the country within 8 - 10 days.

Once you've used up the 180 days you must be out of Brazil for 180 days just to get the count back to ZERO, and then you start building days of entitlement. (note - this example is if your 180 days were consecutive in the previous year and is for demonstrative purposes only).

From 180 days to 270 days following your last departure you'd be entitled to ONLY the number of days in excess of 180. At 270 days from departure, you would be entitled to a full 90 day initial visit that CANNOT be extended. Between 270 days and one full year from departure, you'd be entitled to the initial 90 day stay, which CAN be extended by only the number of days in excess of 270. After one full year from departure you would be entitled to the initial 90 day stay, which can be extended by a further 90 days.

It's a bit complex to figure out, you actually need a calendar. Take the anticipated date of arrival and go back one year. Then count every single day that you've been in Brazil. Subtract that number from 180 and that gives you the result. Just remember to count day of arrival or departure as full days in Brazil. (If you arrived at one minute before midnight then that counts as a FULL day even though you were in the country for only one minute. Same goes for a departure at one minute after midnight).

When you are trying to calculate entitlement to extension of your visa stay, repeat the whole process using the date of application for extension as your starting point.

Cheers,
James

Ah, i thought the rolling year started on the date you entered, and ended one year from that date....so in my case, October 2014 to October 2015.....but you say that is more like a calendar year.
This is confusing!

The confusing part is for me when the 'year' maximum is up...sorry if you explained it in the above response and I am missing it! If I end up using my 180 days, by September, and then try to re-enter the country three months later.....is that a no-go?
Ah visas! Confusion!

Thanks for all the help!

I just did the calculation and your stay Oct. 28 - Dec. 11 was 45 days. June 11 - Sept. 8 would be another 90 for a total of 135 days in that rolling one year time period.

So if you came back at the end of November (30) that entry would still be within one year of your departure and you would be allowed to enter for 78 days ONLY. Each day BEFORE Nov. 30 would mean one less day that you'd be allowed.

However if you waited until December 12 you would be entitled to the full 90 days, since the entire visit in 2014 would have dropped from the calculation by then.

So you will be able to come back either way, it just depends on HOW LONG you want to be able to remain in Brazil for you to decide WHEN you want to enter the country.

Hope that helps you.

Cheers,
James       Expat-blog Experts Team

Aw thanks! Yes, that does help! Still the rules are confusing, but either way, if i am allowed back in....awesome!! hhahaha

Happy holidays!

Hi James,
I am wanting to stay 90 days in Brazil visiting family and friends. The Chicago consulate is asking for me to prove financial capacity because I am staying longer than 30 days. If I printed off my mother's bank statement could that count as financial capacity? Is there a way to guarantee I will receive the visa for the full 90 days? I have an invitation letter but they stated that it won't count as financial capacity.

Sincerely, Jordan

Jordan,

Are you a dependent minor child? If not they are going to want to see YOUR financial records (bank statements, credit cards with sufficient limits, income statements, etc.) in order to prove your financial sufficiency. They will likely not accept anything from your mother unless it is accompanied by a notarized guarantee for you total support which is also translated into Portuguese.

Cheers,
James    Expat-blog Experts Team