Overstay without fine

05/29/23 Here’s my situation. I stayed in Brazil longer than I should have (I misinterpreted the rules) but faced no fines when leaving the country. I never applied for an extension either.
How should I proceed when I return for 2 weeks in June? Just show up, be ready to pay the fine and cross my fingers?
-@gpickett00

Good morning. If, as your profile suggests, you're a US citizen, you still don't get the length-of-stay rules, and haven't overstayed at all. Let's try this again. 😃

There are two big stay "buckets" that most countries fall into for tourist visas in Brazil: countries whose citizens can stay up to 180 days in every rolling 365 days, and countries whose citizens can stay up to 90 days in every rolling 180 days.  The remaining countries of the world have individual rules. US citizens are in the first bucket, the 180/365 day group. You can see the rules for all countries here:

https://www.gov.br/mre/pt-br/assuntos/p … MAR231.pdf

Everybody in the the two groups above gets a 90 day visa. People in the first group can renew the visa once with the Federal Police, people in the second group can't renew, but can return sooner. "Rolling" means that every time you arrive in Brazil, the Immigration System looks back at the period immediately before that arrival, either 365 or 180 days, counts the number of days you spent in Brazil during that period against your allowance, and admits you for any days you have remaining. Each month, the oldest month in that period drops off your record, and you get any days that you used in that month back.

By my quick count, the days that count against you today -- May 29, 2023 -- are:

Sept 27 - Nov 20 2022 -- 55 days

Nov 28 2022 - Jan 15 2023 -- 49 days

Feb 10 - Feb 23 2023 -- 14 days

March 6 - April 9 2023 -- 34 days

That totals 152 days, so you have 28 left if you arrive anytime before October 1, 2023; on that day, you'll get back the four days you used in September 2022. You never even earned a technical fine by overstaying your 90 day visa without renewing it at the Federal Police. If my calculations are correct, you should be admitted for up to 28 days in June, no questions asked.

You've asked elsewhere about the Digital Nomad visa. If you get this at a Brazilian Consulate in the US and re-enter Brazil on it, none of those days will count against you anymore. At a Consulate in the US, you won't need apostilles or Sworn Translations of any of your documents, either; you will at either a Brazilian Consulate outside the US or at the Federal Police in Brazil if you try to get an Authorization for Residency as a Digital Nomad there.

@gpickett00 I may have mentioned to you in a previous post, but your biggest problem may be assuming you can return. I had a horrific situation returning with only two days left on my Visa. Keep track of the timeline that @abthree outlined for you.

Be prepared for them not letting you return if you go beyond that timeframe. Its safe to assume that many of us can handle a brazilin fine. Not being able to come back to Brazil, not so much.

Roddie in Retirement

P.S. Your challenge will be on returning to Brazil not leaving Brazil.

I agree. You must always remeber that a visa (temporary or pemanent) is a privilege, not a right, and can always be taken away from you.

If you have a visa it is your responsibilty to observe its conditions, remember to renew it, follow the rules, etc. Your visa is the most important aspect of being or living in Brazil - without it you cannot stay here...

I know of someone who overstayed a tourist visa, did not pay the fine before leaving, and had terrible problems trying to get back in the next time. If she had not fallen ill, she may not have been able to enter. Another guy forgot to renew his permanent visa by the due date, and it was taken away. He appealed and lost, and could not make a fresh application for it.

Be advised...!

@gpickett00  I had a horrific situation returning with only two days left on my Visa. Keep track of the timeline that @abthree outlined for you.
Be prepared for them not letting you return if you go beyond that timeframe.
Roddie in Retirement

P.S. Your challenge will be on returning to Brazil not leaving Brazil.
-@roddiesho

Holy cow, with only two days remaining on your visa time line, how did you talk them into letting you enter the country at all?