New Tourist overstay penalty from 8 Reais to 120 Reais ?!?!

97POSTS

8 years ago

They had everything stored in the system. No paper. And it was in 2015. So u should pay exactly what was the penalty back then.

GuestPoster136 Guest

0POSTS

8 years ago

#82

You will be fine, just arrive during the week when banks are open in the airport. Your fine will be the R$800 since it was before the law changed. Now you get the fine and go to the bank to pay and bring receipt back to immigration.

Please respect the law, this time the fine will be very severe if you overstay.

The Brazil expat guide

Comprehensive and free

Read it now

Copolovici Member

3POSTS

8 years ago

#83

Thank you very much for advice, it’s a totally different story this time, so we’re not planning to stay longer

nsellen Member

22POSTS

7 years ago

#84

I left Brazil after a long overstay, with the immigration official saying nothing except to wish me a good flight home. The whole process of scanning my passport and getting a stamp lasted less than a minute. I’m not looking for trouble, but I want to know what the numbers in the SIAPRO stamp with barcode mean. Since I wasn’t given any notice or papers, I don’t know if there’s a fine waiting for me when I come back or how much it is. Does anyone know how to read the SIAPRO numbers?

abthree Brazil Expert

6468POSTS

7 years ago

#85

Is there any Portuguese text on the stamp, or just the barcode and numbers?

nsellen Member

22POSTS

7 years ago

#86

It's just the stamp with printed numbers and barcode.

abthree Brazil Expert

6468POSTS

7 years ago

#87

You probably don't have a problem; if you had a fine, they would have told you. That sounds like some kind of obscure tracking number.

The PF have replaced SIAPRO with a new system, SEI/PF, that's not compatible with it, so the Immigration officer probably won't even have access to old SIAPRO data. You can check some old SIAPRO docs here:

https://servicos.dpf.gov.br/sincreWeb/p … ocesso.jsp

Input your name as it appears on your passport, the number on the stamp, and the anti-bot characters in the image. It will probably come up "no record found", though.

nsellen Member

22POSTS

7 years ago

#88

Thanks for your help! I I got "Atenção: Número de Protocolo Inválido." The number included a period, a slash and a hyphen, so I tried variations of it, but I got the same result each time.

Arniesan New member

8POSTS

7 years ago

#89

Hey. I am in the same situation but need to fly from Rio de Janeiro to São Paulo (where I will leave the country). What was the process of paying the fine? Did you to make an appointment with the PF or did you simply go through the exiting line and the PF agent gave you the fine?

I don't have time to line up all day when I arrive in SP but I don't want to miss my flight from

Thanks !

Arniesan New member

8POSTS

7 years ago

#90

Hey! I have to get a flight from Rio to São Paulo and from there I will leave the country. But my worry is that I am going to get pulled aside for hours by the PF agent and miss my connecting flight home (I have overstayed by 1 year). Did you go to the PF in advance or did you see the PF agent simply when going through the normal exit line at the airport? How long did it take ?

Thanks!

Arniesan New member

8POSTS

7 years ago

#91

When leaving did you go in advance to the PF or just meet the agent when going through customs? I'm worried about missing my flight if I just show up then get told to line up all day to speak to an agent

Thanks !!

Arniesan New member

8POSTS

7 years ago

#92

Hey I am leaving soon and don't want to miss my connecting flight in SP home to the UK but I have overstayed. Did you go to the PF in advance or just come across the agent when leaving the country at the airport customs line?

Thanks !

Arniesan New member

8POSTS

7 years ago

#93

What is this thing you are saying about vaccines? Do you have to have these vaccines before the airlines let you leave Brazil ?

SalinasRicardo Member

1POSTS

7 years ago

#94

I have a ten year Brazilian passport. Does that mean that I could live in Brazil for a long time, say a few years, undisturbed?

abthree Brazil Expert

6468POSTS

7 years ago

#95

Do you mean a 10 year visa? If so, it depends on the visa type.
If it's a tourist visa, or a temporary visa of most types, and you're a US citizen or national traveling on a US passport, you can spend up to 180 of every 365 days in Brazil: 90 days, plus a 90 day extension. Then you have to leave. If you make multiple shorter trips, they're added up to make sure you're not in Brazil for more than 180 days within a year of your first arrival.

BrazilianGringo New member

4POSTS

7 years ago

#96

theDutchman1 wrote:
Hi all,

I am replying to this thread since I am in the same boat as you all. I came to brazil on a student visa in August to finish my bachelor here in Brazil by doing an internship as an undergraduate programme. I finished in December and decided to overstay my visa for 70 days to enjoy the summer delights of Brazil. After all, paying 8,28 reais per day isn't much considering the costs of leaving the country and come back on a new tourist visa.

I learned through various sources that the 'multa' for overstaying went from 8,28 reais to 100 reais. I freaked out and went to find out solutions.

I studied the new 'lei do migração' and dicovered the loophole they made:
§ 2o A multa atribuída por dia de atraso ou por excesso de permanência poderá ser convertida em redução equivalente do período de autorização de estada para o visto de visita, em caso de nova entrada no País.

This means that you don't have to pay a fine if you leave the country and re-enter on another visa (can be a tourist visa extension or, in my case, switching from a student visa to a tourist entrance (a tourist visa is not needed for NL residents)).

I decided to call the Policia Federal in Porto alegre and they confirmed on the phone that this is indeed true and this would be a way to avoid the fine. After that I went to the Policia Federal in Itajaí, the city I live currently, waited for three hours, and got attended by an intern than told me all this is not true and that I have to pay the fine anyways. He said that if he would give me the fine now, and not when I leave on 19th feb, I have 3 days to leave the country. I had the new law printed on paper and shove it under his nose and gave the guy a lecture about his own laws that he was obviously not known with.

He took my passport and the law papers to the back, he came back after a few minutes and apologized that I am indeed right and that I can go the border, leave brazil and re-enter on a tourist visa for 90 days minus the days that I am illegal. That would mean I would get around 44 days of tourist visa, and R$0,00 fine. (I am illegal since 12/12/2017)

Monday I am going the border and try my luck. Keep you guys updated...

Hey! I would love to know what happened!!! I am in the same situation. Please update, thank you!

BrazilianGringo New member

4POSTS

7 years ago

#97

ANYONE HAVE SOME CLEAR ANSWERS TO THIS SITUATION?

Federal police gave me 9k reais fine at airport because of visa overstay. I thought I had 180 days in Brazil- true. But, after 90 days I was supposed to apply for an extension of another 90 days. I didn't know this.

I was actually flying to Colombia to apply for my student visa when I was given the fine. However, I wasn't allowed on my flight to Colombia because I did not have a yellow fever vaccine thus I was allowed back into Brazil and the fine was erased (as If I never arrived to the airport).

I am enrolled in a School here in Rio with classes starting July 17. I have an apartment in my name. I have everything I need (all the documents) to apply for my student visa....... I can't just leave and not come back.....

1. Is it possible to re-enter Brazil with a student visa and the fine be dropped because I have a new visa? I read about a loop-hole in the law which allows this....?
2. Is this option possible: "deducing days from next stay-option” rather than paying the fine?
3. Even if I leave the country, get a new student visa, and pay the fine. Is there also a penalty of time I have to stay out of Brazil before re-entering?

Please share your insights. Obrigado!

rodrigolb Member

2POSTS

7 years ago

#98

Decisão do Delegado da PFme disciplinado em ato do dirigente máximo da Polícia Federal." w

Decisão do Delegado da PF

A few people have appealed through their lawyers, the replies from Federal Police I've seen all say the same. Without the act, that bit can't be taken advantage of. When (if) it comes out, it should say how this would work and if it applies to your case or not.

An interesting thing is that, in one of de decisions, the police officer replies to the lawyer saying:

6. Frise-se, ainda, que, ao contrário do que aduzido pelo interessado, a existência da multa não inviabiliza seu retorno ao país, pois, a partir da entrada em vigor da Lei 13.445/17, deixou de existir a causa de impedimento de entrada em virtude do não pagamento de multa, que era prevista no art. 26, §1o, do revogado Estatuto do Estrangeiro.

Decisão do Delegado da PF

Which means something like the bit of law that prevented a person to get in Brazil if a fine wasn't paid, was revoked. So there's nothing preventing a person (even if the person was fined and doesn't pay for it) to enter the country.
I'd love to hear what other's interpretation of this would be, but from what I read, the law, in fact, doesn't list no-payment as a reason to refuse you entering the country. It just says you have to be fined if you overstay. Nothing else.

I have no idea how likely you are to convince the immigration agent of that though. But it seems to me that you could pay it whenever you can, without that having anything to do with your next visit.

I am not a lawyer, would love to hear what someone more knowledgeable thinks.

rodrigolb Member

2POSTS

7 years ago

#99

It seems like my post above had its formatting messed up. I can't edit it.

I meant to say that it seems like you CAN'T deduct days from your next visit. Even though the law states that it is possible, it relies on an act from Federal Police that doesn't exist yet.

"conforme disciplinado em ato do dirigente máximo da Polícia Federal." w

g2mbn Member

3POSTS

7 years ago

#100

Is there any way to pay the overstay fee before leaving the U.S. I’m wondering, Banco do Brazil is here in New York where I live now. Can I pay there ? I leave to Brazil soon and will be arriving late at night. Somebody help please thanks.

BenTel Member

2POSTS

7 years ago

#101

Hey folks, so I slightly overstayed in Brazil for 1 year and a half. Upon exiting the PF gave me a piece of paper saying that I had a fine of 10000 reais but that it wouldn’t prevent me from returning. I don’t need to pay the fine to return as a tourist, but only if I wanted to get married or work etc.

Has anybody else been told this? I don’t want to return as a tourist then have to pay

Cheers

GuestPoster136 Guest

0POSTS

7 years ago

#102

I know that’s wrong, you won’t be denied to return as a tourist but you will pay this fine at the airport before entering the country. Whoever told you this doesn’t know how this new penalty works or maybe you misunderstood. Good luck! Everyone I’ve known to have illegally stayed has had to pay upon entering next time. Please respect the laws of Brazil and don’t overstay your welcome next time.

BenTel Member

2POSTS

7 years ago

#103

The agent made an extra effort to make this clear to me. I repeated to him in Portuguese and he confirmed it. Though it didn’t seem to line up with other people’s experiences

abthree Brazil Expert

6468POSTS

7 years ago

#104

EVERYTHING I've read and heard since the new regulations went into effect last November tells me that Craig's got it right, and you've been misinformed.
If you're challenged when you come back, then by all means, give the "But Your Colleague Told Me" defense a try - I'm sure you have better uses for R$10,000 than paying a fine. But to be safe, also make sure you have the money on you and arrive on a weekday during business hours, so that your worst case scenario is being sent to the bank to pay the fine, and not being sent to the departure gate of the next flight home.

1 member reacted to this post

Gringuinha Member

11POSTS

7 years ago

#105

Hey my friend overstayed last year and wants to come back. Only, hes Canadian and needs to get an e- visa to come to Brazil as a tourist. Does he need to pay the fine before he applies for a tourist visa...somewhere in Canada?
Thanks in advanvce everybody!😊

Hatihati Member

2POSTS

7 years ago

#106

Hey all,
Tudo bem?
Registered just to make a post as I found this thread closest to my case.

I had overstayed my intern visa by a month this Feb 2018 and upon departure told of new regulations and that my fine was 2400 reais instead of 240 as I had hoped. I left via Rio and signed a paper about the fine.

Last week I flew into Belém from Europe ready to pay the fine but the officer just made a 90 day stamp and let me go before I could even blink. Nothing popped up on his screen as he scanned my passport. I entered Brazil thua without paying a fine.

It was a short visit and now after 3 weeks I am flying back home again via Belém. What are the chances anyone asking me about the previous fine at the passport control upon me exitting the country? Can I just relax and consider myself lucky?

Muito obrigado por as respostas,
HatiHati

abthree Brazil Expert

6468POSTS

7 years ago

#107

HatiHati,

I think you had a close call, but now you're home and dry. Don't worry about it, and enjoy Brazil.

nomadic_gringo New member

9POSTS

7 years ago

#108

BrazilianGringo wrote:
theDutchman1 wrote:
Hi all,

I am replying to this thread since I am in the same boat as you all. I came to brazil on a student visa in August to finish my bachelor here in Brazil by doing an internship as an undergraduate programme. I finished in December and decided to overstay my visa for 70 days to enjoy the summer delights of Brazil. After all, paying 8,28 reais per day isn't much considering the costs of leaving the country and come back on a new tourist visa.

I learned through various sources that the 'multa' for overstaying went from 8,28 reais to 100 reais. I freaked out and went to find out solutions.

I studied the new 'lei do migração' and dicovered the loophole they made:
§ 2o A multa atribuída por dia de atraso ou por excesso de permanência poderá ser convertida em redução equivalente do período de autorização de estada para o visto de visita, em caso de nova entrada no País.

This means that you don't have to pay a fine if you leave the country and re-enter on another visa (can be a tourist visa extension or, in my case, switching from a student visa to a tourist entrance (a tourist visa is not needed for NL residents)).

I decided to call the Policia Federal in Porto alegre and they confirmed on the phone that this is indeed true and this would be a way to avoid the fine. After that I went to the Policia Federal in Itajaí, the city I live currently, waited for three hours, and got attended by an intern than told me all this is not true and that I have to pay the fine anyways. He said that if he would give me the fine now, and not when I leave on 19th feb, I have 3 days to leave the country. I had the new law printed on paper and shove it under his nose and gave the guy a lecture about his own laws that he was obviously not known with.

He took my passport and the law papers to the back, he came back after a few minutes and apologized that I am indeed right and that I can go the border, leave brazil and re-enter on a tourist visa for 90 days minus the days that I am illegal. That would mean I would get around 44 days of tourist visa, and R$0,00 fine. (I am illegal since 12/12/2017)

Monday I am going the border and try my luck. Keep you guys updated...

Hey! I would love to know what happened!!! I am in the same situation. Please update, thank you!

Hi all!

Has anyone tried re-entering Brazil on a tourist visa for 90 days minus the days overstayed?

I have looked at the law and this seems to be a valid approach. However, it would be comforting to a lot of people (including myself!!!) to get some feedback from someone who has actually tried this?

Hatihati Member

2POSTS

7 years ago

#109

abthree wrote:
HatiHati,

I think you had a close call, but now you're home and dry. Don't worry about it, and enjoy Brazil.

Thank you Abthree,

Just wanted to give an update that I left the country without any further hastle.

Best of luck to all!

ilisailisa Member

2POSTS

7 years ago

#110

So here is my dilema. I overstayed a long time, my process to marry my Brazilian husband took awhile and when we were finally married the law changed. So my question is.. i thought the fine was to be paid when leaving or re entering.. but they told me i have to pay 10,000 reais before they will process my permanent visa. Since when is it required to pay fine before being able to regularizar my status?

abthree Brazil Expert

6468POSTS

7 years ago

#111

Since forever. It's unfortunate that you misunderstood the law.
Someone on another thread suggested going to the Defensoria Pública (Public Defenders' Office) and requesting their help in getting the fine reduced, if you really don't have the resources to pay. It's worth a try.

sergiobotinha Active member

42POSTS

7 years ago

#112

Hi Friends,
It is actually possible to try and reduce or cancel the fine for overstay, bearing in mind some details. Also, it has also been verified that there was an INCORRECT CALCULATION OF THE SURPASSING DAYS AND, THEREFORE, THE IMMIGRANT GOT CHARGED MORE THAN THE AMOUNT OF FINE DUE.

***

Moderated by Bhavna 7 years ago
Reason : Link to personal website
We invite you to read the forum code of conduct

JenJean Member

14POSTS

7 years ago

#113

Good Morning,

Does anyone have any pointers on how to pay your overstay fine? I understand you must go the bank... Can I bring dollars and get them exchanged at the bank? Or should I bring reais?

Should I bring all the money in full, or do they have an option to withdraw from a machine with a credit card for example...?

Thank you, I only have a few hours at the airport so want to be prepared.

kaletek New member

4POSTS

7 years ago

#114

Does one have to pay when leaving or just returning to Brazil

kaletek New member

4POSTS

7 years ago

#115

I have overstayed my visa ....by 2 yrs....Do I pay the overstay when I leave or Pay when I return and how much.?

abthree Brazil Expert

6468POSTS

7 years ago

#116

JenJean
Especially with time constraints, it would be well to arrive with the reais in hand. You may be able to withdraw them from an ATM with a debit card; not sure about a credit card. You could probably exchange another currency as well, but any complication, even an uncooperative ATM, will cost you precious time.

abthree Brazil Expert

6468POSTS

7 years ago

#117

kaletek
They'll want you to pay before you leave; if you can't pay, they'll probably waive it until you return. For an overstay that long, you should have maxed out under the old law, and owe a lot less than the current R$10,000. That case will be easier to make now than when you return, which probably won't be for a year.

kaletek New member

4POSTS

7 years ago

#118

Thank you. I appropriate the help

JenJean Member

14POSTS

7 years ago

#119

Thank you, the problem is they never told me how much it would be when I left. I am expecting the worse, but thats a lot of reais to carry on my for my two flights.