So what if I overstay my Tourist Visa in Brazil anyway?

Tom1080 wrote:

How would I go about declaring the money if I'm going to travelling with 10,000 reais in cash? I heard for amounts at and over 10,000 you need to declare it? I'm travelling to Brazil on Tuesday. Many thanks for the help.


You need to declare cash and checks (travelers or checks written to your name) above 10,000 reais.
You can print a form to declare that (e-DBV) by internet access.

robal

Texanbrazil wrote:

Majority of airports will take a credit card. Would not use debit card. (Not sure what you mean as to "bank card") Also would advice CC company of the charge before you go. Would hate to see the CC refuse and/or cannot contact you due to being unable to receive text or call.


Just to clarify, I will have no problem making a direct payment with my credit card and not need to take out money in the airport?

Actually was stating it is better to pay with CC ( you just state "my card", what type of card?)
Debit can be debited but it take awhile to clear the bank.

Hey people,

please help me, because I am getting too much different information and I don't know what is right and wrong anymore.

I am citizen of Germany and entered Brazil in 07/07/2019 by plane without a Visa (as a tourist) and just got the stamp into my passport.

I know, that I can stay for 90 days without a problem, which would be 05/10/2019. And I know I can be in Brazil a total of 180 during one year since my first entrance in total.
I would like to extend my stay in Brazil and stay in the country for another 41 days, right after 05/10/2019, but I am not sure, if that is even possible, since I read on the page of the Brazilian Embassy in Berlin, that, people from the Schengen area have to leave Brazil definitively after 90 days.

Generally it seems like there are two options to extend the stay:
1) On the website of the embassy, on many pages on the internet and in this thread it says you can extend your tourist Visa at the Policia Federal. But on the website of the Brazilian embassy it says, that this possibility only exists  for citizens of Coratia, Portugal, Poland, Ireland and United Kingdom. Also, I don't have a visa, since I entered the country as a Schengen citizen. So is it still possible?

2) Many people told me, I could just leave the country (go to ARG for example) within the first 90 days and then reenter Brazil. When I reenter Brazil a new 90 days span starts, so everything is fine as long as I don't stay more than 90 days at a time and 180 days within a year. Is that really possible or just a legend?

Can you please help me clarify this situation. The good thing is, I still have a month until my stay is overdue, but I would like to take care of things asap.

Big thanks to the community here already!
Fabstar

Hi, Fabstar,
When the EU and Brazil made their agreement on visit duration, they agreed on 90 days in each 180 day period.  Brazil's prior agreements with individual EU members were not canceled by this agreement, however, which is why Portugal, the UK, Ireland, Poland and Croatia are on a 180 days in each 365 day calendar.  They had prior agreements that remained in effect.  You'll notice that it comes to the same number of days in a year, but EU citizens from countries without their own agreements technically can't extend their initial trips.
There's a lot of talk about enforcement being laxer at the land ports of entry than it is in the airports.  Last year, there was a lot of confusion among the Federal Police with the new Law of Migration going into effect; I wouldn't count on that being the case anymore.  It's possible, if you go out and come back in, that they may make a mistake and give you another 90 days.  It's also possible that they'll just give you the time remaining on your first 90 days.  Rather than going to all that trouble, you might just want to go to the Federal Police office next month and ask them if an extension is possible.

I agree with abthree. It is best to go to the PF office and ask. (do not wait until last minute.)
I know the PF has stepped up along the AR and BR border here since the waiver of US, CA and japan with into effect and leaving into AR and coming back via land does not extend any days.

Hi abthree and Texanbrazil,

first of all. Thank you very much for getting back to me and answering so helpfully. Sorry for not having gotten back to you yet.

I have already been to the Federal Police in Rio before I wrote you guys and yes, they confirmed, that it is not possible to extend the visa for a German, neither by application at the PF, nor by leaving the country and coming straight back.

I will no leave Brasil within my 90 days, go to Colombia and just come back for my flight back to Europe, which will still be withing that 90 days.

One possibility to stay longer and not get the fine is possible though, but it's illegal and I don't recommend doing this! When you are at Foz do Iguaçu, for example, the boarder control is very.... let's say lax. When you go from Brazil to Argentina and back, you basically need 4 stamps: 1 leaving Brazil, one entering Argentina, one leaving Argentina, one entering Brazil. In reality the buses that go to Paraguay or Argentina only stop if you vehemently urge the busdriver to stop at both sides of the border (in many cases they still don't). So it is easily possible to cross the boarder to Argentina, get an exit stamp from Brazil, get an entrance to Argentina and when you go back to Brazil you prevent getting one (you just take a cab or something). In this situation you would be officially in Argentina, but in reality in Brazil. Before leaving Brazil for good, you just have to go back to Argentina once more without getting stamped, and than go back to Brazil receiving the entry stamp. After all, it will look like you have been in Argentina in the meanwhile, while you could have spend the time illegally (don't do it!) in Brazil.

Best regards,
Fabstar

Since the visa waivers, Foz border has added additional agents and "random check points" around the border and main ave with customs riding along. Additionally there is an agent near the check in at the airport training the attendants as to what to look for in the passports.
If there are issues you go to the PF office and most likely miss your flight.

I know 2 more methods to solve Fabstar´s problem but it´s also illegal so best to keep quiet.

Hi James,

Thanks in advance for your helpful answers.
After reading a few posts I can't seem to find where can I pay for my overstayed visa's fine (MULTA ESTRANJEIRO) once i've left the country.

I would like to come back to Brasil, after 2 years, and cant find out if I can pay for the fine at the Airport upon my entry or at the border if I'm coming by BUS from Argentina.

Thanks again,

Mig

Our dear friend passed away a few years ago. RIP James.
In 2017 the laws changed and you may be subject to a $R 10.000 fine. If crossing from AR to BR via Foz do Iguacu, you will pay the fine either at the border immigration or taken to the PF office at the airport, international bus terminal or downtown.
If entering from another point of entry as PY you will pay at the BR immigration's office at the  BR/PY border. Recite Federal is located there and can pay.
Would be more helpful as to which land crossing. Via bus it will be stopped at the border.
If Paraguay PF and RF are stopping all buses looking for such and contraband.

Mig,

As Tex writes above, you should be ready to pay immediately on arrival.  There does not seem to be any way to pay from abroad.  At your last departure, did the Federal Police quote you a number?   If so, that's the amount you should have ready.  If they gave you a document, have it at the ready.

At Passport Control,  wait for them to ask you to pay.  If your last departure was prior to the current laws taking effect in November 2017, the record of your fine may have been archived, and you may show as clear now.

abthree as a good point as to having an amount all ready. Could get a knowledgeable agent know old an new laws
Good luck

Credit card as a payment would be better at airports since the PF has accounts with banks located inside. Border crossing by bus would be more challenging as passage is more expedited - collecting and stamping of passports. If there´s no bank to pay nearby
you could lose your trip.

Enter Brazil through an airport.

robal

I browsed some of the more recent comments. I just want to double check about paying overstay fee, I can pay with card/cash upon arrival right?  I literally only have to pay 100 reais (only overstayed 1 day). Is it a problem if I arrive at night on a Friday? Will there be some "banks are closed, sorry buddy, gotta stay here until Monday morning" situation? Or is paying on any day at any time easy? Thanks!

GRU has an exchange window which the PF uses when the RF is closed. If international arrival it will be safra.
Banco do Brasil
They state open 24 hours but maybe that is in the check-in area. I am not sure.

Banco Safra

Opening Hours: 24h
Location:
- Departure floor of the passenger terminal 2 – Check-in D
- International Departure East of the passenger terminal 2 – restricted area
- Departure floor of the passenger terminal 3 – Check-in G
- Restricted area of the passenger terminal 3 – Departures and arrivals

Thank you sir!

Hi folks, so if I understand this correctly, a max fine that is outatanding under the old law (i.e. approx 800brl) is not meant to be retrospectively increased under the new law, correct?

Has anyone heard of any occasions where someone has had complications with PF imposing the new (higher) overstay rate upon arrival for infractions committed under the old law? I'd like to think possession of the old signed multa would be helpful, but just trying to understand from a legal and practical perspective what is 'possible'.

alloveranthony wrote:

Hi folks, so if I understand this correctly, a max fine that is outatanding under the old law (i.e. approx 800brl) is not meant to be retrospectively increased under the new law, correct?

Has anyone heard of any occasions where someone has had complications with PF imposing the new (higher) overstay rate upon arrival for infractions committed under the old law? I'd like to think possession of the old signed multa would be helpful, but just trying to understand from a legal and practical perspective what is 'possible'.


It all depends if you get a "seasoned" agent or newer agent. The multa would at least have them have the question reviewed. Also depends on the airport. GIG may be the hardest.

Texanbrazil wrote:
alloveranthony wrote:

Hi folks, so if I understand this correctly, a max fine that is outatanding under the old law (i.e. approx 800brl) is not meant to be retrospectively increased under the new law, correct?

Has anyone heard of any occasions where someone has had complications with PF imposing the new (higher) overstay rate upon arrival for infractions committed under the old law? I'd like to think possession of the old signed multa would be helpful, but just trying to understand from a legal and practical perspective what is 'possible'.


It all depends if you get a "seasoned" agent or newer agent. The multa would at least have them have the question reviewed. Also depends on the airport. GIG may be the hardest.


Like Tex said, it depends on who the agent is and how he interprets the law. Brazil likes "Multa" and the agent might want to impose the new fine as a means to collect "juros" or interest on the delayed collection of the multa. But again that should not discourage you in coming back. But be prepared to pay the higher fine just in case...

Thanks for the replies. I guess that's the thing, a variance is possible based on the knowledge of the agent one deals with, but would that effectively mean the signed documentation you have with you from the last time, is effectively irrelevant? In preparing to pay a fine of either ~800brl or 10,000brl, I'm sure some would be discouraged at that difference, enough to consider whether it's of any use attaining legal assistance in such a matter, if even afforded that possibility.

The signed document can be enormously helpful, as long as you're pleasant, friendly, and respectful about it.  Brazilian officialdom is probably more impressed with proper documentation than many of their international counterparts.  However, the power of Immigration Control in Brazil, as in any other country, is absolute, for all practical purposes:  they don't need any more reason than their judgement to deny a foreigner entry.  Their decisions are generally beyond the reach of appeal, a person refused entry isn't normally in a position to seek legal assistance because legally s/he isn't in the country, and immigration law is a very rare specialty in Brazil, anyway.

Since you left the country and your fine was imposed under the old law, there's a chance that the record was not transferred to the new system that was implemented around the time that the law changed in November 2017.  In your place, I'd take it step by step:  Step 1, hand over your passport without reference to your last trip, and see if the agent just waves you in.  Step 2, the agent sees that you owe a fine.  If the amount s/he quotes matches your document, just pay it.  Step 3, if the agent quotes a higher fine, "remember" that you have the document, show it to him, and ask, "Oh, your colleague gave me this when I left.  This should be the amount, right?"

Chances are that you can talk your way out of the higher fine -- but be prepared to pay it, just in case.

Many thanks, that's a great explanation and insight into all things that I need to be considerate of. Sounds like a rational approach to dealing with the uncertainty. I guess for some context, whereas last time I was an 'expat', this time I'd just be passing through on holidays temporarily, hence why I've been trying to do my own assessment on whether the prospect of a 10k multa (way more than I'd spend on the entire trip), is ultimately worth facing - at least at this point in time

alloveranthony wrote:

Many thanks, that's a great explanation and insight into all things that I need to be considerate of. Sounds like a rational approach to dealing with the uncertainty. I guess for some context, whereas last time I was an 'expat', this time I'd just be passing through on holidays temporarily, hence why I've been trying to do my own assessment on whether the prospect of a 10k multa (way more than I'd spend on the entire trip), is ultimately worth facing - at least at this point in time


Good to think this way. I would not like paying for flight, to be told you have to pay $R10mil or having to return from where you came.
You overstayed once, so may not help with "passing through" with the PF.

alloveranthony wrote:

Many thanks, that's a great explanation and insight into all things that I need to be considerate of. Sounds like a rational approach to dealing with the uncertainty. I guess for some context, whereas last time I was an 'expat', this time I'd just be passing through on holidays temporarily, hence why I've been trying to do my own assessment on whether the prospect of a 10k multa (way more than I'd spend on the entire trip), is ultimately worth facing - at least at this point in time


Good to think this way. I would not like paying for flight, to be told you have to pay $R10mil or having to return from where you came.
You overstayed once, so may not help with "passing through" with the PF.