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

Actually the Federal Police don't just find them. In most cases, since here police have the legal right to demand ID from anyone and law requires all foreigners not only to carry ID but also their travel documents and present those for inspection upon demand it is usually a case where the Military Police ID you because you were somewhere when something happened. You don't even need to be involved, here in Brazil when it all hits the fan the police show up, nobody enters and nobody leaves until everybody has been identified. If you're a foreigner and you don't produce travel documents or your visa is expired they are obligated to take you directly to the Feds, that's standard proceedure. At that time you're processed, and given a slip that demands you leave within 8 days (sometimes even less depending on the circumstances). Should you refuse to do so they then institute deportation proceedings, of course at that time you have the legal right to representation and to present a defense.

Since you've still got almost two weeks before your visa actually expires it won't hurt you to go to the Federal Police and ask what to do (MAKE ABSOLUTELY SURE TO TALK TO A POLICE AGENT AND NOT A CIVILIAN EMPLOYEE). If you don't speak Portuguese fluently then be sure to take somebody with you who does. Explain your situation in detail, that you're only waiting for the legalization of documents and see if they can offer you some help or suggestions. Who knows, if you run into a really sympathetic agent, they might even accept your application now, take photocopies of the documents that require legalization, with the condition that you send them off for legalization immediately and return once they've come back to you from the Consulado. You never know until you ask. The trick is to ask now, while you're still legal in the country and they can't just tell you you've got to leave on the spot.

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks. Much appreciated.

Hi William, I just had a thought and was hoping you might know the answer. Because I am currently on a Work Holiday visa (VEFIT) and not a tourist visa, would it be possible for me to fly to Argentina next week and instantly return to Brazil on a tourist visa?

Cheers

That would probably be the worst thing you could do. You could end up in a situation where you are in Argentina and the Federal Police at Customs & Immigration won't let you back into Brazil. Not a great thing to have happen.

Really, the best game plan is to ask the Federal Police, while you're visa is still valid. They will give you the best info on how to proceed if there's a way around your problem. If not, then you at least know, what you've got to do from there.

Cheers

Hi William, I will be going to the federal police again on Wednesday however I was hoping you might be able to elaborate on something you mentioned earlier. You said that other visas are treated differently to the tourist visa in terms of their rigidity in stay length. Do you know if the penalty for overstaying a different type of visa is more severe? For example a ban from Brazil rather than just a simple fine? I understand if they catch me they will issue me to leave but if i choose to leave in a few months will it be the same story as a tourist visa, in that i will just pay the fine upon exit? I have not been able to find any information on this and I will be asking the federal police on Wednesday as a laat resort... Although i would prefer to find out the answer to this another way.

I don't think they are treated more rigidly in terms of a fine, but they certainly are in terms of expulsion from the country. We recently had a case of a student who was enrolled in a qualifying course and due to a labor dispute at the educational institution the start-up of the next course was delayed. During that interval his VITEM-IV Student Visa expired and since he was not "actively participating in a course of study" at that particular moment the Federal Police initiated a deportation proceeding, despite the fact that this was through no fault of his own and the following course surely would qualify for the visa extension. The only way that he managed to remain in the country until the strike ended was through assistance from the Human Rights Department of the Brazilian Bar Association (Ordem dos Advogados do Brasil - OAB).

Oh excellent explanation, thank you. Im now thinking of getting married to my partner however i will most certainly be in Brazil for a period after my visa expires. I was worried If i got caught i might get a ban from the country or something more severe than just the fine. Im also looking at getting a visa to live in the UK in the future however from the info i have read it doesn't seem like i would have any problems getting this even though i will need to pay an overstay fine when i leave.

Just remember that when you submit the documents to the Cartůrio and request permission to marry (HabilitaÁ„o de Casamento) your visa must still be valid and they will want to see it.

Cheers

Hi, I recently attempted to extend my visa for an additional 90 days but I was rejected by the federal police.

I entered Brazil for 24 days the left for Argentina/Uruguay. Upon my re-entry the immigration office stamped my passport and wrote '30' for 30 days on it, I had no idea as I had no confrontation with the office nor did he say anything. So I continued my travels assuming that I still had 66 days remaining on my Visa.

When I went to extend my visa, which I though was going to be a formality as I had all the paperwork done they hit me with a fine for 27 days and a notice that I had 8 days to leave Brazil before I would be deported. Therefore, my questions are as follows:
1. If I stayed, would I just pay a fine or do you think there will be additional consequences because I was issued a notice?
2. Is this notice logged on to a database against my name or is it just a piece of paper that the feds hand out?
3. Would I be able to fly domestically in Brazil after the 8 days or will alarm bells go off when I check in?

According to them I have been illegal for 27 days, which I still don't agree with, but that doesn't matter I guess. My only worry is this notification to leave 'Termo de Notificacao', how serious is it? Is it linked to other databases when checking in?

As you can understand I am stressing out as I thought I had done the right thing but was oblivious to it all.

Appreciate your help!

Hi Adasal,

See my reply on your other posting.

Cheers,
William James Woodward, Expat-blog Experts Team

wjwoodward :

Second misconception, the practice with VWP and Schengen Area visits is that the clock starts ticking the day you enter Brazil. Like all other VWP countries, that three month clock continues to run despite any short trips outside the country to neighboring countries. So if you take a week for example to visit Argentina those seven days will still count in the calculation of the three months. Not fair you say, true but that's the way they all operate. If you go to the USA on a WVP visit and spend a week in Canada or Mexico those days are also counted against your stay in the USA. Doesn't make a lot of sense I know, but that's just the way things are. So you see you just can't simply subtract the days outside Brazil in other South American countries.

Don't know about Brazil but that's not the way it works in the Schengen area. If you leave for a week in Croatia, then you got an extra week before hitting the 90 days limit (well the days you crossed the border and got your passport stamped count as part of your stay as well, so you lose one day on each end). Until now, I thought this thing about visits to neighbouring countries was a US peculiarity.

Well, that's the way it works here. Also it works exactly that way in the USA as well. If you leave Brazil for a few days in another SA country the clock keeps running on the visa stay.

If you're in the USA and visit either Canada or Mexico for a week, you lose that week too because the clock keeps running there too.

Just remember that Schengen Agreement or not, all nations are able to interpret that agreement their own way. Also any soverign nation can do whatever they want to do regarding immigrations.

Cheers,
William James Woodward, EB Experts Team

Thought I would do a quick follow up post.

After all my drama I went to the federal police with my documents to make an application for union estavel. A few of the documents were not consularised in my home country NZ. I pleaded with the federal police and pointed out to them that it has been incredibly difficult to get solid information despite my best efforts. They decided to give me a 30 day temporary protocol while i sent my documents back to NZ to get consularised. Today I returned to the police with my documents and they have accepted my application and given me a protocol number with no expiry date - they wrote on the back that it expires once my application process has been finalised. I would have preferred them to just put an expiry date on it, that way there would be no confusion if the police or immigration ever need to see my protocol.

Either way Im still in Brazil LEGALLY abd it feels goid to no longer need to stress about it.

Hi DLarks,

Great to hear your good news! The honest approach is always the best when dealing with the Federal Police, just to prove that some of them are really human beings with a heart.

Just remember a couple of important things: a) you must keep the ORIGINAL protocolo with your other identifying documents (certified copy of passport ID page and visa pages, ID card original and perhaps even some kind of proof of address on your person at all times. That's the law here in Brazil, so don't leave home without them; b) you are required by law to report to the Federal Police within 30 days of any change of address, for that you'll need 2 photos just like your other protocolos and proof of the new address. This should be done at the DPF Delegacia in the new location if you're moving to another city or where you've already applied if the move is within the same city.

Great news, thanks for updating us all!

Cheers,
William James Woodward, EB Experts Team

Hi, I have tried to calculate the answer to these questions based on your ample previous replies but want to make sure I get it right. Thanks in advance for your help.
I am currently in brazil on a tourist visa with a 90 day extension but I will leave before my 180 days are up (after 120 days). Whenever I return to Brazil, I assume I can be granted a 60 day visa because I did not use all of my 180 days.

But, if I return in, say, 10 months, would I be eligible for a 90 day extension after my first 60 days? Or would i have to leave and wait a year to come back? I know these are granted on a rolling calendar, but if I use my remaining 60 days, how does the extension process work?

What if I return in only 6 months? Will I need to leave brazil after my 60 days are up and wait a full year to enter again?

Thank you for the help!

Hi Caligurl,

That's the way it's SUPPOSED to work. In theory! However in reality it is not the way it ALWAYS works.

Unfortunately nobody in this God forsaken nation can give you a better answer than "maybe yes, maybe no" when it comes to the Federal Police and anything to do with visas, because they don't have a clear understanding of the rules most of the time or simply don't follow them. It's worse still if you're dealing with a (contracted) civilian employee and not a real COP. They're so useless that they wouldn't know their own name if mommy hadn't sewn a nametag inside their clothing. Really!!!

You sort of mis-stated the scenario though. If you came back after 10 months you would get an initial stay of 90 days (since you'd be entitled to the full 90 by that point), the question would then be would you get the full 90 days of an extension as you should, or would you end up with some idiot who'd base the calculation on the last date shown on the "Prorrogação de Estada" stamp instead of the exit stamp. That's where the confusion lies.

Unfortunately, that's the way the Federal Police are with EVERYTHING. Ask 10 people the same simple question and you get 10 completely different answers at the DPF, worse still almost always none of them are right.

Cheers,
William James Woodward, EB Experts Team

So, I got out of Brazil about a month ago, and had prepared to pay the 800 real fine and receive a big ugly stamp in my passport. But... when I arrived at the Federal Police and handed over that white piece of paper I received when I entered the country, he simply took it and put it on the side without even looking at it. Then he just put a regular departure stamp (with the date of my departure) in my passport and that was it. I didn't want to insist on paying the fine, so I said nothing. But I wanted to check with you guys, did I really escape the fine? Or will I still have to pay it when I enter Brazil the next time?

It must have been your lucky day, because it looks like you really did dodge the bullet. Believe me the officer would have stamped your passport with the exit stamp and the overstay fine and also given you a bill for the fine otherwise.

Cheers,
William James Woodward, EB Experts Team

Well, I guess it really was my lucky day then. Brazil, oh man... haha!
Thanks!

Hi William,

First I'd like to thank you for being so active on this forum. You have helped a lot of people get through a difficult and very confusing process.

I also wanted to pick your brain on my situation. I recently stayed in Brazil for arounf 160 days (90 days, plus a 90 day extension which I used most of) on a tourist visa. I then left the country to apply for a new, journalist visa. I'm hoping it works out but if not, I am considering going back with my remaining couple of days and just overstaying until the end of the year. The fine is no problem, and I don't intend to travel during that time.

HOWEVER, it seems like there may be an opportunity for me to get a job offer (and thus a work visa) in Brazil early next year. My question is twofold: If you overstay, then pay the fine and leave, does this make it less likely that you would be granted a different kind of visa to re-enter Brazil? And also, regarding the 6-month ban from entering following an overstay: does that apply even on a different visa (in other words would I have to wait 6 months to come in on a new visa)?

Thanks SO much!

I got this one.
If you get a work VISA, then you are good to go and can return to Brazil, they are two separate processes.
You definitely will want to pay the fine on your tourist VISA overstay just in case anyone who processes your work VISA checks for administrative faults.

So, no 6 month wait outside of Brazil. However, you will want to start the process for your work VISA, (or any other type of VISA) immediately as the time it takes to process depends on where, and it can take longer than just returning on the tourist VISA, based on the consulate's own estimated wait times.

Wow, see how good we are here... even Tiger has it all figured out!!! He was right on the money, every point.

Regarding the VITEM-V Work Visa, check when you apply for the visa, because you MAY actually have to return to your country of origin (Consulado-Geral) in order to collect the visa. Especially if it is one that they have to affix in your passport.

Cheers,
William James Woodward, EB Experts Team

Perfect, thank you both so much! It's good to know that even if I overstay it won't make it harder to obtain a work visa and come right back in on it without waiting the 6 months.

I appreciate your help, this is a wonderful resource!

You're very welcome GT, that's what Expat-blog is all about... expats taking the time to help other expats! After all, we're all in this boat together.

Cheers,
William James Woodward, EB Experts Team

So just to clarify, are you sure that overstaying on a tourist visa won't work against me me if I leave to apply for a work visa? They wouldn't deny my work visa or delay the process because I overstayed? Also: do you recommend any other sources of information about these kinds of issues? It's funny how little there is online about it!

Hello gtramsey,

Absolutely certain! As long as you pay the VITUR Tourist Visa overstay fine you will have no problems whatsoever applying and receiving any other category of Brazilian visa, nor will you have any problems re-entering this country.

As I have clearly stated numerous times, the CONSEQUENCES of a visa overstay in Brazil will not be felt here in Brazil, but rather in OTHER COUNTRIES who may use the overstay stamp in your passport as grounds to deny a visa application for their country. This is why, despite the fact that it is no big deal here in Brazil, that I have always advised members not to overstay in the first place.

Just imagine the following:

You overstay your Brazilian VITUR by 10 days, pay the R$82,50 fine and thus will never have a problem here, but you earn that UGLY Visa Overstay Fine stamp in your passport!!! No big deal, right?

Two years from now, you get offered the job you've always dreamed of, with a salary and benefits package that would even make Bill Gates sit up and take notice. Trouble is that dream job just happens to be in Dubai. You fill out all the forms, send your visa application and passport off to the UAE only to have the application rejected because of the overstay in Brazil.

How would you feel?

Cheers,
William James Woodward, EB Experts Team

HI all,
firstly, this is a brilliant blog and has been so helpful, so thanks to all involved.
I have just 2 things I would love to have confirmed - is the R$820 fine (after 100 days) still the same now? (I noticed this thread started over a year ago.) And if I were to stay here for one year following the end of my tourist VISA, somehow avoid any problems with the police etc and arrive at the airport to go home, would the fine remain at $820?
Thanks

Hello iffoundpleasereturntoLDN,

As far as I'm aware the fine has not change and as stated previously it is capped at a 100 day limit. The maximum is around R$825 (R$8,25 per day).

Also as I've stated numerous times, there are no problems here provided the fine is paid. The consequences are usually felt in other countries where one makes an application for a visa that gets denied or they are barred from entry based on the overstay stamp in their passport.

Cheers,
William James Woodward, EB Expert Team

I just left Brazil the other day. Was a pretty easy process, but it took about 10 minutes extra waiting at immigration's check-out while they processed the fine. The people at GRU were very polite and efficient.

Hello,
Thank you very much for your post, it was been very detailed and helpful.  I have a question I was wondering if you had information about:
I have entered into the country and have overstayed the tourist visa.  I already have a student visa that was just granted in my other passport but I have not entered into Brazil on the student visa yet(I am a dual national).  Since I have the new student visa in my other passport now, I plan to leave Brasil on my passport that I entered on (the passport that has an expired tourist visa in it) and pay the fine at the airport as is required.  Then I plan to come back to Brasil a few days later using my other passport which has a valid student visa that has not been used yet.  I know a lot of people that overstay their tourist visa need to stay outside of brazil for a while (ie 180 days) becuase they will be re-entering on a tourist visa again that has limitations on the stay.  My question is: once I leave brasil and have paid the fine, can i re-enter right away because it is a different visa that does not have the 180 day restriction per year, the student visa is for one year. 
Thank you very much for your help!

Hello sh777,

Yes, as long as you pay the fine you would have no problem re-entering Brazil on the VITEM-IV Student Visa. In fact, even if the visa was in your other passport you'd still have no problem re-entering Brazil anyway, because it is an entirely different category visa. You just need to be sure that the Student Visa is still valid... how long ago did you receive it? Is it still before the start date of the course for which it was granted?

Cheers,
William James Woodward, EB Experts Team

Hi,
Thank you so much for the prompt reply.  I am looking on my student Visa to try to make sure it is still valid and have been a bit confused about this.  It was issued May 15th, 2014 and is valid for 12 month stay (multiple entry), and then there is another sheet of paper stapled in my passport from the consulate that stay I can stay in Brazil for maximum of 2 years, mulitple entry (I was told I give this paper to the police when I register at the police station when I come back into Brazil and am assigned an RNE number I believe). So, I think after 12 months I can extend the visa again at the police station.  Anyhow, my main concern right now is if it is still valid.  I know the tourist visa you need to enter into brazil within 90 days of the Visa issue date or the visa expires. I was originally suppose to start my classes in June when I was applying for my visa, however, my program post-poned the start date until after the world cup. So, I plan to re-enter Brazil on this visa the beginning of August, 2014. I have asked visa agencies about when it expires an they said it is valid to use until the expiry of the visa - ie May 15th, 2015, as long as I am taking my classes once I arrive in Brazil. 
Thank you so much for you help!

Well, as long as the course for which you received the visa has not yet started, then it will still be valid for entry to Brazil.

Yes, you should report to the Policia Federal within 30 days of your return to apply for your RNE. You will need to schedule that on the Policia Federal website and click on No. 1 Requerer Registro, then follow all the other steps in order.

http://www.dpf.gov.br/servicos/estrange … -e-anistia

Fill out the information in the following windows, print off your scheduled appointment page, GRU (which should be paid no later than 7 days from printing it, but before you go to the PF) and then appear at the appointed time and date. Note: If there is no appointment available OR if you can't obtain an appointment that falls within the 30 days, then print if off anyway and go to the PF within that 30 days you're allowed. They will fit you in somewhere.

In the last step "Gerar GRU" you select option No. 3 Pessoas e Entidades Estrangeiras. In the box beside "Código da Receita STN" you click on the magnifying glass and then scroll down and select code no. 

140082     Taxa     REGISTRO DE ESTRANGEIROS/RESTABELECIMENTO DE REGISTRO     64,58

At the end of the year, you should return to the Policia Federal to request your extension of the visa about a week before the anniversary date of entry. That will allow you some extra time if you run into any problems or require additional paperwork.

Cheers,
William James Woodward, EB Experts Team

Hello everyone !
Firstly thank you all, I found some very helpful advice here.
I too have some questions :),
I wanted to ask since I'm still unclear of what would be the best in my situation.
I am overstaying my tourist visa about 100 days.
My concern is would i be able to return home, the US, and change my visa to a student visa right away? (if I have the proper documentation) or would they give me a hard time since I just stayed illegally? Would I have to wait?

(Also can I acquire a student visa with only taking Portuguese classes?
Incase I am not enrolled in a Brazilian university this would be my back up.
Anyone know information/ experience about this?)

Hello Elleyese,

Regarding your overstay situation, provided that you pay the overstay fine which is capped at a maximum of 100 days you will have no problems re-entering Brazil even on your VITUR Tourist Visa. The rather small fine (I believe around R$8,28 per day) is really the ONLY consequence in Brazil.

Since they are entirely different visa categories, I doubt highly that it will present you any difficulty whatever in obtaining a VITEM-IV Student Visa as I've dealt with others who have obtained study visas despite previous overstays.

Regarding the Portuguese language course you'd really have to check with the school that is offering the course to make sure whether it is one which would qualify for the visa. As far as I am aware the Portuguese for foreigners courses offered by universities do qualify, but I'm not aware of any private (commercial) schools which have qualifying courses. The intended purpose of the VITEM-IV is for "Pursuing undergraduate, graduate or post-graduate academic studies in Brazil."

I will also have to pay my fine when I arrive in Rio. I was planning to arrive Saturday morning, but looked up the hours for the banco do brasil at the airport and they are only open mon-fri apparently. I'm thinking to book my flight to arrive either fri.or mon. Morning just to be safe, do you know if they just need cash (ie just go to ATM) or if there's another option for weekend arrivals... Also how long did you stay out of brazil for?
Thanks!!

No, they will not accept cash. They will generate an invoice called a GRU (Guia de Recolhimento da União) which you must pay at the bank. You're wise to reschedule your flight to coincide with banking hours.

Hi William,
Thank you so much for all the helpful information.  I left the country after overstaying the visa and did not receive the red stamp in my passport that everyone mentions.  Are you suppose to receive this stamp when you leave or when you come back?  I tried to ask them about paying the fee when I was leaving but they did not give me any kind of receipt with an amount due or anything, which was a little strange and confusing.  Not sure if you have heard of this?

I have returned back on my new student Visa (and they did not mention any fine upon my return),  I have gone through the process you mentioned for registering with the police.  In case anyone else on here is going to go and register soon, in addition to the payment for the $64, there is also another fee due which is $124, after selecting the $64 bill go back and select the $124 invoice.  In addition, I needed photo copies of my passport ( information page, brazil visa page and all other pages that have been used/stamped) and 2 photos 3x4cm (colored on a white background). 

They gave me a receipt after registering and said i should receive a notice in the mail to go pick up the actual RNE card.  Do you happen to know how long it takes to receive this notice?  I noticed they forgot to include my apartment number on the form so i might not receive the actual notice in the mail, so if I had an idea of when it might come in I could back to the station around that time and check. 

Thanks again for all the helpful advice!

Hi sh777,

Well, it looks like Christmas came early for you! If the Federal Police neither stamped your passport upon departure and didn't give you an invoice detailing the fine, they didn't apply any fine. You must have flashed a smile worthy of a Colgate commercial at the Federal Police Agent at the airport!  :D

Regarding the Cédula de Identidade Estrangeiro, it is never ready in the timeframe they say it will be. You will simply have to keep going back to the Federal Police where you applied every 180 days (or whatever the period on the protocolo) and check if it has arrived. You have to go back anyway, since until you have the CIE you've got to get them to stamp the protocolo with an extension (prorrogação).

Hi Mr Woodward,

I'm in somewhat of a quagmire it seems. I’ve been married to a Brazilian woman for a few years now. I always visit Brazil on a tourist visa because I don’t want to become a “Permanent Resident”. My wife is now pregnant however my Brazilian visa is due to expire in 3 weeks time (meaning I will have spent 6 months in Brazil in the last 12 month period – i.e. I will have used up the maximum time allowed in Brazil as a tourist per year).

My question for you is this:

As I don’t want to apply for the Permanent Residency status (VIPER Visa) for personal reasons, is there any way I can get some kind of “emergency visa extension” so that I can stay here in Brazil up until the birth of our child? Does such an extension even exist, my wife spoke to the Police Ferderal but they were particularly unhelpful and said that I would have to leave Brazil in 3 weeks time (thus abandoning my pregnant wife)?

If no emergency visa extension exists then I will be forced to stay here illegally you see…My wife (being pregnant) is very stressed over all of this which obviously isn’t good either and clouding my judgement even further.

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