Tourist Visa Renewal location update/overstay question

Randy G New member

9POSTS

4 years ago

Hi all,

I think I may have inadvertently overstayed on my 90 day tourist Visa. Im an American in Brazil who arrived on Dec 28 2021. I had to leave Brazil for 3 weeks in February due to the passing of my father in another country and was under the impression that those 3 weeks wouldn't count towards the 90 days. Now, I am trying to renew my visa for additional 90 days and have had a hell of a time trying to do so. The Policia Federal at Galeao Airport no longer processes visa renewals for foreigners. Santo Dumont is where they will refer you to, but you need an appointment now that isn't available for the same day. In my case, the next avail appointment is 9 days away. I tried going to the Policia Federal in Niteroi to see if I could get it done there without an appointment but was told I had to goto Santo Dumont. Does anyone have any advice on what I can do? I've already prepaid for my airbnb until the end of June, paid for a bunch of other stuff for the next 3 months and it will suck big time if I am deported. Have I acutally overstayed?

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mooseheadlaw Active member

59POSTS

4 years ago

@Randy G I was under the impression that travel visas from citizens of the US, Canada, Australia and Japan no longer were required to have tourist visas (after 2017).

Gilson Junior Member

2POSTS

4 years ago

Hello Randy!

As far as I know if you leave the country and re-entry you automaticaly get another period of time to stay (as long as you haven't stayed for 6 months in a row). 1st I'd recommend you figure this much out. However if you didn't get a new visa when you re-entered the country, then you should go after this renewal ASAP since there's a fee for overstaying time of R$100,00 per day and you don't want to have to pay that.

abthree Brazil Expert

6439POSTS

4 years ago

04/11/22 @Randy G I was under the impression that travel visas from citizens of the US, Canada, Australia and Japan no longer were required to have tourist visas (after 2017).
- @mooseheadlaw

That's a common misperception, so it's good that it has come up.

Travelers from the countries you name -- and several others -- are not required to obtain visas in advance from Brazilian Consulates before coming to Brazil. The Visa Waiver, which is recorded by Immigration on the visitor's entry, is classified as and functions exactly like a pre-processed tourist visa, and under all the same rules. That means that citizens of the US, Canada, and other countries on the 90/180/360 plan need to renew their visa before completing their first 90 days, or they will be fined for overstaying.

The change actually only dates from the start of the Bolsonaro Administration. Since it violates the Itamaraty's basic principle of reciprocity -- those countries still require visas in advance from Brazilians -- there's a very good chance that it will be revoked by the next government.

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abthree Brazil Expert

6439POSTS

4 years ago

04/11/22 Renewing visa with a break of three weeks in the middle of the stay

@ Randy G

First, don't be too worried about being deported: normally, you should just be fined if you've overstayed, and then allowed to extend.

If you left and returned to Brazil by air, you should have been automatically checked out of the immigration system and then checked back in again, and those three weeks (less two days, since your days of arrival and departure are counted as two days in Brazil) would not have counted against your 90 days.

If you left and returned by crossing a land border, things get trickier. If you were just waved through, it's possible that you were never cleared from the system, and the days are counted against you. It would be worth mentioning to the FP when you extend, especially if your fine is R$2100 higher than you expect.

I would recommend registering for that appointment 9 days away so that you have it for a backup, then go to Santos Dumont and ask really nicely if you can extend your visa because you had trouble getting a timely appointment. It's ok to say that you'd like to minimize your fine, if possible. If they say "no", just thank them, go back to your AirB&B, and enjoy the next nine days. Then go to your appointment, pay your fine and extend.

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mooseheadlaw Active member

59POSTS

4 years ago

@abthree I would not want to be living in Brazil if Lula takes back over, sigh:-(

Galeus New member

4POSTS

4 years ago

I believe Abthree´s advise is quite wise. You will have no special privileges because of your nationality but, for the same exact reason, you will be treated fairly well if you ask nicely to the immigration officer at Galeão. And, even if he is not very fond of north americans because of the reciprocity treatment to brazilians there, at least you will have a backup chance nine days later (of course after paying a fine, but it´s not that dramatic).

And yes... you have probably overstayed even leaving the country for 3 weeks. I believe visas count for fixed periods of time after the first entry to the country, independently of how may comes and goes you decide to do in the middle.

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mooseheadlaw Active member

59POSTS

4 years ago

@abthree and what is the "90/180/360 plan"?

abthree Brazil Expert

6439POSTS

4 years ago

04/11/22 @abthree I would not want to be living in Brazil if Lula takes back over, sigh:-(
- @mooseheadlaw

I'll admit that he won't be my choice in the first round, but in the runoff I'll be voting for whoever isn't Bolsonaro -- and this time I do get to vote! 🥳

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abthree Brazil Expert

6439POSTS

4 years ago

#10

04/11/22 @abthree and what is the "90/180/360 plan"?
- @mooseheadlaw

See the "VIVIS" column on this list:

https://www.gov.br/pf/pt-br/assuntos/imigracao/prorrogar-estada-no-brasil/qgrv-simples-port-140120.pdf

Citizens of any country showing an "8" receive a visa for 90 days and can extend for another 90 days, for a maximum of 180 days in any 360 (90/180/360; actually 365, I imagine)

Citizens of any country showing an "8*" receive a visa for 90 days, and are only permitted 90 days in every 180 days, no extensions. But after 90 days out of Brazil, they can return for another 90 days. Less continuous time, but it ends up being more or less the same number of days in a year.

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Texanbrazil ViP

2744POSTS

4 years ago

#11

As said US passport holders can enter BR on the Visa Waiver program. The waiver part is that you do not need to apply at a consulate, but the terms and conditions are still the same.

You should apply for an extension (not a new visa) at the PF office at least 10 days prior to the expiration.

The bottom line is a fine of $R100/day. Don't worry about deportation. The information you provided gives you a good chance of extension, due to conditions beyond your control. They will stamp your passport upon approval.

Just be truthful during the interview (mention the delay in appointments).

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Randy G New member

9POSTS

4 years ago

#12

I just looked really close at my most recent passport stamp from customs when I flew back into Brazil in Feb. The customs agent wrote in 90 days so that should take me into May. I didn’t even notice it before so Abthree seems to be correct. All of this is so very confusing and there’s so much outdated info floating around on the internet so I really appreciate the responses. I was so stressed out today so thank you for the help

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FR267 Active member

40POSTS

4 years ago

#13

@abthree

Hi abthree

With regard to counti8ng days of stay I am a little confused.

I am a British citizen and national Reino Unido is classified with 8.

My passport gets stamped with the arrival date and departure date on arrival and departure showing the length of stay.

So if I arrive in Brazil on 01.01.2022 and stay 90 days without asking for an extension can I return to Brazil again in October 2022 for another 90 days and if so, can I do the same again in the new year2023 arriving on 01.01.2023 for 90 days?

abthree Brazil Expert

6439POSTS

4 years ago

#14

04/12/22 @abthree

Hi abthree

With regard to counti8ng days of stay I am a little confused.

I am a British citizen and national Reino Unido is classified with 8.
My passport gets stamped with the arrival date and departure date on arrival and departure showing the length of stay.

So if I arrive in Brazil on 01.01.2022 and stay 90 days without asking for an extension can I return to Brazil again in October 2022 for another 90 days and if so, can I do the same again in the new year2023 arriving on 01.01.2023 for 90 days?
- @FR267

Hi, FR267

Visitors from the UK are on a rolling twelve-month calendar with the oldest month dropping off the back on the first of each new month, so the easiest method for calculating days is to count backwards from your next anticipated arrival. On the document linked to Post #10 above, the UK ("Reino Unido") has an "8" in the VIVIS column, so as you say, you have an initial 90 days, with an option for 90 more days during the same 365 day period. In your example, you arrive on 01/01/22 and leave Brazil on 03/31/22, then return again on 10/01/22 and depart on 12/30/22 . Looking back from any day in January 2023, you will have have used your 180 days during the preceding 365 days, and have none left.

You won't start getting days back until February 1, 2023: on that day, January 2022 drops off your personal count, and you get those 31 days back. April 1, 2023 is the first day that you can return to Brazil and expect a full 90 days.

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FR267 Active member

40POSTS

4 years ago

#15

Dear abthree

Thank you for the detailed explanation.

I still find the accounting confusing and difficult to follow.

Perhaps you would be so kind and assist further.

I have stayed from 14.01.2022 until 24.03.2022 in Brazil.

What is the situation if I return say on the 12.12.2022 how long could I stay in Brazil?

Would I be able to stay until the end of March 2023?

abthree Brazil Expert

6439POSTS

4 years ago

#16

04/15/22 FR267, the arithmetic is pretty straightforward.

If you arrive anytime during December 2022, your available number of days equals 180 minus the number of days you were in Brazil during the twelve months prior to December 1, 2022. It doesn't matter how many trips you took during those twelve months, just how many days you were here. Days of arrival and departure count as full days in Brazil.

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Texanbrazil ViP

2744POSTS

4 years ago

#17

FR267

ab3 got it.

Remember it is not calender days it is "rolling days" ! Let's say you came on Dec. 21, 2021, March 22, 2022 (Feb has 28 days) is your expiration day, Sept "x" 2022 is the month you may re-enter.

(x) was used due to some months have 31 days

Hopefully, my math is correct. I usually have my horse help me count.

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FR267 Active member

40POSTS

4 years ago

#18

Hi abthree & Texanbrazil

Thank you so much for the assistance.

I am trying to get to grips with this and need to get the hang of the counting system.

If I understand the system correctly I am allowed to stay 90 days in a 180 days period and stay in total 180 days within a 360 days period.

Therefore am I correct in understanding that 1 can stay 90 days in the first 180 days and another 90 days within the next 180 days then again 90 days in the following 180 days and so forth.

For example:

If I arrive on 01.01.2022 and stay 90 days which would be up to 02.04.2022 ( January. 31days, February 28 days, March 31days and April 2 days).

The 180 days period would run from 01.01.2022 until 02.07.2022. That is counting 180 days as from 01.01.2022.

Is it correct to understand that I can return on any day after the 02.07.2022 and stay another 90 days split over the following 180 days up to 26.12.2022.

After 26.12.2022 the next 180 days would start on 27.12.2022.

Could I return in January 2023 again for a stay of 90 days?

I very much appreciate all the help in understanding the counting systematics.

Thank you in advance.

abthree Brazil Expert

6439POSTS

4 years ago

#19

04/16/22 FR267 - not if you're a British citizen.

British citizens, like US and Canadian citizens (and unlike most, but not all, EU citizens) are on a 365 day cycle, not a 180 day cycle.

That means that you can come to Brazil for 90 days, and you can renew for another 90 days (foreigners on a 180 cycle can't ordinarily renew), but then you're done until those days start dropping off your history, 365 days before your next arrival.

Each time you arrive in Brazil, the Immigration System looks back on the previous 365 days, and if you haven't stayed 180 days during that period, you can stay for the difference, up to 90 days, plus an extension of up to another 90 days.

Each time a French citizen arrives in Brazil, in contrast, the Immigration System looks back on the previous 180 days, and if she hasn't stayed 90 day during that period, she can stay for the difference, up to 90 days.

The differences are based on international agreements, between Brazil and the EU on one hand, and Brazil and the UK on the other.

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FR267 Active member

40POSTS

4 years ago

#20

Hi abthree

I just want to make sure that I have understood the procedure of the system.

Lets say I was in Brazil for 90 days from 01.01.2022 until 02.04.2022

If I arrive back in Brazil today and having stayed in Brazil for 90 days within the previous 365 days I guess I can stay for another 90 days.

If I now stay for another 90 days I will have stayed 180 days within a period of 365 days.

If arrive back on 01.01.2023 I would not be allowed to stay as I have already stayed 180 days within the last 365 days. After 01.01.2023 the days will then start to drop off.

If I arrived back on 03.04.2023 I guess that would give me another 90 days to stay.

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abthree Brazil Expert

6439POSTS

4 years ago

#21

04/16/22 I think you've got it, FR267!

1 member reacted to this post

FR267 Active member

40POSTS

4 years ago

#22

Hi abthree

Thank you and Texanbrazil

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Texanbrazil ViP

2744POSTS

4 years ago

#23

Your welcome. Good luck

1 member reacted to this post

seinfo3 Contributor

100POSTS

4 years ago

#24

Thank you abthree & texanbrazil for your explanation of duration of stay, as this was also on my ever growing list of things to clarify.

seinfo3 Contributor

100POSTS

4 years ago

#25

IMPORTANT VISA CHANGE

The above noted link for visa information is out of date from 2020.

Here is the new link. [link under review]%28ing%29_14FEV22.pdf

The visa designation for US & UK citizens changed from 8 to 4 and are limited to maximum 90 days stay.

It doesn't mention if this can be extended for another 90 days.

Where can I find that information?

seinfo3 Contributor

100POSTS

4 years ago

#26

Just found the stay extension: Stays in the national territory are allowed for up to 90 days, extendable for the same period, provided that the visitor does not exceed 180 days of stay in Brazilian territory every 12 months, counting from the date of the first entry.

abthree Brazil Expert

6439POSTS

4 years ago

#27

04/19/22 There was no change in visas for the US or the UK in the March 14, 2022 version of the QGRV. The Foreign Ministry just simplified the numbers, it didn't change the descriptions. "4" on the new version means exactly the same as "8" on the previous version. Absence of a "*" means that one extension is available.

Here's the new version, in English:

https://www.gov.br/mre/pt-br/assuntos/portal-consular/arquivos/arquivos-qgrv/qgrv-simples-ing-14mar22.pdf

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seinfo3 Contributor

100POSTS

4 years ago

#28

Thanks for posting the link.... I tried but it looks like it is incomplete due to forum review process.

abthree Brazil Expert

6439POSTS

4 years ago

#29

04/19/22 Thanks for posting the link.... I tried but it looks like it is incomplete due to forum review process.
- @seinfo3

There have been a number of programming changes to the forum recently, and to post a live link it's now necessary to use the "link" tool, the icon of the two joined chain links below.

*ETA* The ability to add a link by just copying and pasting it will be brought back soon.

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