Brazil Tourist Visa Issue (dual citizenship / overstay)

I'm currently staying in Brazil with my girlfriend. We have been together for 2 years and we are supposed to stay in Brazil for 7 months on this trip. At the time I arrived I thought I would be able to get a 90 day tourist visa and then go away to travel for a month and come back again and get another 90 day visa. Anyways I just found out that I have to stay away for 90 days to be able to get another 90 day visa because I am a citizen of European union and a Schengen country. I also found out that UK citizens are able to extend their stay for another 90 days, which is good because I have dual citizenship but I haven't got a British passport yet. So the first thing I did was I ordered a British passport which is supposed to arrive in 6 weeks. And at the moment I have used about 70 days of my 90 day visa so I am planning on going traveling to Colombia next week so that I would have another 2-3 weeks left of my original 90 day visa so that I am able to pick up my passport and re-enter Brazil. After I get my UK Passport I'm planning on doing a trip to Uruguay to leave the country with my current EU/Schengen Passport and re enter with my British passport because to my knowledge British citizens are allowed to stay for two 90 day periods in Brazil. Would this work? Because I can't really stay away for 3 months because my parents are visiting me in end of January so I kind of need to be in Brazil. Or would it be better to just go traveling now for 2 months and come back with the days I have left with and then overstay my next Visa? If I stay away for two months but I'm really supposed to stay away for three months. Would that count as overstaying my visa 30 days even though the next time I come back I'd be staying for the full 90 days? I don't like breaking the rules but I don't know what else to do at the moment. I would appreciate any advice. Thanks. Also another thing is that on my last visit to Brazil last year. I first stayed for 50 days and then went traveling to other countries for 3 weeks and then came back to Brazil for 90 days. So at the time I didn't know it but apparently I already overstayed my visit then.  But a the time of leaving the country no one said anything. And this year when I came back, no one still ssaid anything about it, which I find weird because for what I've learnt in the past days, I already overstayed my visa last year.

Hello Andre,

First of all, while your plan to exit Brazil and re-enter with the UK passport MIGHT work if you're extremely lucky; it technically constitutes immigrations fraud and that is something you can be charged criminally and deported for. That's a significantly more serious situation and greater risk than just a simple overstay. Overstay is not without its consequences either, but here in Brazil they're limited to a small fine. Where an overstay becomes a more serious issue is if you should need to apply for a visa for work purposes in some other country. They could also use your Brazilian overstay as justification for visa denial, just remember that.

Regarding the 180 day annual limit for tourists, that limit is for the PERSON, not for the passport the individual may hold. The Federal Police cross-references all passport data, name, passport number, biometric data in their computer system, so even if you do have a different passport, especially if it is a machine readable and e-chipped passport, that is going to also bring up the information from your other stays.

Is it really worth the risk? You'll be looking at a much more serious offense if caught than you would otherwise. My advice to you would be to bite the bullet, exit Brazil for the 90 days and then return on your UK passport.

Cheers,
James    Expat-blog Experts Team

I just read my post a couple more times and I found it slightly confusing so I want to clarify my situation.

-I entered Brazil 1st of September on a 90 visa for European Union / Schengen citizens and I'm leaving next week so at the time I have used about 75 days of my 90 days.
-I have ordered a UK passport to be delivered in Sao Paulo and I'm planning to re-enter Brazil beginning of January on my original 90 days, pick up the passport, leave the country right away again before my 90 days ends and re-enter with my new British passport
-If this is not possible, I'm planning on overstaying my visa on my second visit which will start beginning of January. In this case I would have stayed away from the country for about 50 to 60 days instead of the 90 days that I am supposed to stay away for.
-My parents are gonna visit me in end of January for 2 weeks so I 'have' to be here then.
-Last year I stayed in Brazil from March 2nd to April 19th and re-entered again on May 2nd and left the country 30th July with my EU passport, so I guess I already overstayed my visas but no one said anything about it upon leaving, neither when I entered Brasil again this year.

Hi
I have no Clue if your British Passport Plan will work.....it seems dicey at best.
Are you going to re-enter on it on the premise that this is your first 90 days in Brazil though you have been here on your EU passport already....sounds like a gray area. Also the 90 day extension is at the discretion of the federal Police so there are no 100% guarantee's on an extension on your British Passport , and who knows what light the federal police will view all this in ....maybe they will think you are trying to be clever and "Beat the system"....what if you end up stuck in Uruguay unable to re-enter brazil? Maybe somebody else will know more about this.

I would just go travel and explore for 2 months if I was you ....sounds like you have the means to do it...

James response is good
This British passport nonsense is going to land you in serious trouble...

Thanks a lot for your reply. That was what I was wondering about, I should have got my British passport already before entering Brazil for the first time. The thing is that my parents are visiting me on the 15th of January so I should be here for them during that time. So if I leave now with 15 days left and re enter in two months time on January 10th. Does it mean I am going to overstay my visa by about 30 days if I stay till my flight back home on April 3rd?

Also why didn't anyone say anything about my last year overstay? Is there a possibility that they do give me the 90 day visa again even when I havent stayed away for the full 90 days?

OK, I guess I will not use the British passport then. I thought it may be even worse but then again I wanted some confirmation. But thats right I have entered Brazil on my EU passport and now I applied for a British passport, but I guess I should have thought about that before. Thanks for the help!

So my new plan is then that I leave the country on 13th of November with about 14 days left with my initial 90 days. Re enter after 60 days in January and the stay till my flight back home in April 4th. Will this be overstaying my visa 30 days or will it be counted as overstaying 75 days?

Andre,

Have you actually gone to the Federal Police and asked them if they'll extend your visa? It doesn't cost anything to ask, you know!!!

While the Schengen Area Agreement does clearly state that one can be in the country for three months in a six month period; it also states later in the Agreement that contracting nations MAY extend that stay if THEY chose to do so.

I have heard from other members that the Schengen Area Agreement notwithstanding that they Federal Police have extended their visas upon request.

It's sure worth a try! The very worst that can happen is that they say no, and you're no worse off than you are right now. If they say yes then you've struck gold.

Cheers,
James    Expat-blog Experts Team

James :

Andre,

Have you actually gone to the Federal Police and asked them if they'll extend your visa? It doesn't cost anything to ask, you know!!!

While the Schengen Area Agreement does clearly state that one can be in the country for three months in a six month period; it also states later in the Agreement that contracting nations MAY extend that stay if THEY chose to do so.

I have heard from other members that the Schengen Area Agreement notwithstanding that they Federal Police have extended their visas upon request.

It's sure worth a try! The very worst that can happen is that they say no, and you're no worse off than you are right now. If they say yes then you've struck gold.

Cheers,
James    Expat-blog Experts Team

Yes I did go to the Federal Police to ask to extend my stay and that's when I found out that I can't do it. I was in thought that I could because that's what I did last year. Although that time I spent two weeks away from the country and re-entered with a new visa. Looking at my stamp from last year, it didn't have anything written on it.. No 90 days or no classes etc. Just stamp of entry. Maybe it had something to do that it was the World Cup?

Well the other option that might work is to take a quick trip to one of the surrounding South American countries, about a week before your visa expires; re-enter Brazil and see if you get a 90 day stamp again this time. That's always a possibility at land border crossings. That would still give you a week to arrange a flight back home if they won't extend it for the additional 90 days.

Worth a try, if it's not too far for a bus trip (which is not too expensive), or if you have somebody with a car willing to take you.

Cheers,
James

James :

Well the other option that might work is to take a quick trip to one of the surrounding South American countries, about a week before your visa expires; re-enter Brazil and see if you get a 90 day stamp again this time. That's always a possibility at land border crossings. That would still give you a week to arrange a flight back home if they won't extend it for the additional 90 days.

Worth a try, if it's not too far for a bus trip (which is not too expensive), or if you have somebody with a car willing to take you.

Cheers,
James

Thank you. That's what I will be doing. Though we are planning to visit friends in Colombia and also travel a bit so I will be away from the country for about 60 days and re-enter before my parents come to visit. Let's see what happens. Hope for the best. So if they give me a stamp with 90 days that means that then I am allowed to stay for that 90 days. What if it's a blank stamp without days? Like it was the last time.

If it's blank that would be the same as if it were stamped 90 days!  A Bonanza

James :

If it's blank that would be the same as if it were stamped 90 days!  A Bonanza

That explains a lot. That means that I didn't overstay my visa last year. Even though I am not supposed to get another 90 days, I guess I got it anyways.

There is a very good chance that you will get another 90 days
otherwise if I were you I would just do that then overstay til you have to go....maybe not technically correct but it's not such a big deal.....it's certainly not a criminal offence. As James says an overstay stamp in your passport could affect future visa applications to work in a foreign country , but nothing stops you applying for a new passport later and you already have the British one coming.
The Brazilian immigration law is mainly based on reciprocity as in they probably don't extend EU stays because the EU probably does the same things to Brazilians , but I really think you are low priority on the immigration radar as a tourist from a wealthy country ,hence the fact you got that extra 90 days and no one even noticed as you were leaving Last time.

stevefunk :

There is a very good chance that you will get another 90 days
otherwise if I were you I would just do that then overstay til you have to go....maybe not technically correct but it's not such a big deal.....it's certainly not a criminal offence. As James says an overstay stamp in your passport could affect future visa applications to work in a foreign country , but nothing stops you applying for a new passport later and you already have the British one coming..
The Brazilian immigration law is mainly based on reciprocity as in they probably don't extend EU stays because the EU probably does the same things to Brazilians , but I really think you are low priority on the immigration radar as a tourist from a wealthy country ,hence the fact you got that extra 90 days and no one even noticed as you were leaving Last time.

Thanks very much. This reply really gives me a ease of mind. Even though it's in the end just all about luck. I was really getting stressed about my situation. The stamp doesn't really worry me because I'm not planning to work anywhere else and also my current EU passport expires next October anyways. Also as I have the British passport coming.

Hi Andrebrasil12,

I don't want to burst your bubble and only want to tell you what happened to me when I last left Brasil. I have 3 passports UK, Cyprus and Australia. When I last left rio I gave my Id card and my Cypriot passport which she scanned.

All three of my passports came up in the system as I could see the screen and I could tell by the photos.

Prior to getting PR I had entered on my UK passport as a tourist so I could understand why that was in there, but I have never gone into Brasil on my Australian passport before so everything must be linked somehow so they always know who dual citizens are.

However, you never know who you'll get at the airport, who just might not check. I read about a NZ guy who came in on an expired passport (he was wanted in NZ) so I'll keep my fingers crossed for you.

Also, yes UK passport says 6 weeks, mine took 7 days just as long as you have all the documents correct they're very quick.

All the best.

Christos

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