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

Really? That's unbelievable! Trying to fine a long term visa holder is a bit cheeky 😂 I bet you weren't best pleased... I find it very confusing, it seems that a lot of the laws are changing as alluded to before further up the thread and they are perhaps struggling to keep up with all of the tweaks and changes. Not signing that was definitely a good decision though! That could've ended up really badly for you, I'm glad you dodged that bullet!

The legal changes in 2017 were massive - completely revamped the visa system, transferred a lot of responsibilities among ministries, revised processes and basic documents.  It was the first major change in 30 years, and the new regulations (naturally! ) were published late, so there was a lot of confusion the first year.  Most of that has been settled now, but when in doubt, some officers still fall back on the old rules, so a traveler should know her/his own status, and be ready to question an interpretation that seems incorrect.

abthree stated the best advice "a traveler should know her/his own status". I have 2  family members, one being PF and the other MJ advogado. We discuss laws here in Brazil and the first thing both said was if you have a question, go to the PF and ask. Yes you can appeal but MJ will almost always back the PF reports and decisions.
He advised that one should know the laws, especially immigrations. Many countries just deport and can not return for years or ever. Many in the justice system argue that people came do not pay taxes, use the medical system and abuse the laws. They continue to adjust the system because many think Brasil is a safe haven and they an stay and avoid laws. (1 reason the multa went high (any want $R25 mils) to send a message. (Just look at this forum as to many trying to go around our laws).
Know the laws and do not believe what some say. Most have 90 days on tourist visa and can extend for an additional 90 is approved by the PF if you do not wait for the last minute.

Yeah that's the hugely confusing part! For example, they have this paragraph explaining how you can deduct days from your next entry visa should you overstay .. I've heard some immigration officials enforce this law but others say it hasn't been reviewed or moderated ? Then why is it a part of the law? It's all very confusing. Although I should've done more research, I still think when you go abroad you trust the local authorities to understand the laws and give you the right advice, and naturally when a Federal Police officer tells you its fine, you assume it's fine. My stay was originally only meant to be two weeks long but of course relationships influence much longer stays 😂😂 I think what I'll do is plead my case, hope that they are reasonable considering the circumstances and just let me off. However, if they are not feeling quite as friendly I'll guess I'll just have to pay it (even if it wasn't entirely my fault).

I am confused. You over stayed once and then did it twice.? Yes you can stay for 180 days with the extension, but as said you overstayed and then went for extension. As many stated you are the responsible one and did not go before expiration for an extension. (BR will not rush most things.
Most all of us expats living here has me with different interpretations. I could not count the ways as to getting a bank account, CRMN and DL from different people.
Even in the US you get the same. In UK tried to get an UK citizen's (who lived in BR) will probated and UK just could not figure it out and cost was much higher than $R 10 mils.

No, technically I only overstayed by one day. I arrived in November 2017 and left in May 2018. I requested an extension before my visa expired  in good time for an extension three weeks before my first three months ran out. That's when the PF told me they'd given me the extension, but upon exit in May it was clear they didn't as I received a fine. So as far as I was concerned I'd only overstayed a day, which was due to flight convenience. The issue is that they fined me when I was told I'd been granted an extension. Therefore I'm not too keen to pay a fine when as far as I'm concerned I adhered to the rules apart from the one day which was just due to flight times. I understand its a bit of a confusing situation hahaha.

Visas

British nationals can normally enter Brazil without a visa as a tourist. For further information about visas see the website of the Brazilian Consulate in London.

Make sure you comply with Brazilian immigration laws on arrival in the country. You must satisfy the Federal Police (the Brazilian immigration authority) of your intended purpose of visit. You will need to be able to demonstrate that you have enough money for the duration of your stay, and provide details of your accommodation and evidence of return or onward travel. Make sure your passport is stamped. If it is not, you may be fined on departure.

If you wish to extend your stay while you are in Brazil you should apply to the Federal Police for an extension. If you overstay your visa, you are likely to be given notice to leave the country at your own expense and you may be fined or deported.

Passport validity

Your passport should be valid for a minimum period of 6 months from the date of entry into Brazil.

Bottom line is you should have had passport stamped for the extension and made sure this happen. Nothing more to add.

Yes, but they also should have given me the correct information been as it is their job, so I think we're pretty even in that respect. Also, I was stamped into the country without any issues, the stamp I am missing is for an extension. In most countries it goes without saying that the immigration officials understand the rules and give correct information, been as they clearly advised me wrongly here I believe I'm entitled to explain myself, and according to them I'll have that chance so fingers crossed they'll be open to talking about it .. if it becomes too much hassle I'll just begrudgingly pay it. 😂

Let it go! They will not hold your hand and you will find more things like this in BR.

To Wilksee,

Ok. I´ve seen enough. I would say that at the end of the day, its your own outlook to see that things are done properly to your favor - their stamp on your passport of the extension. Of course it would be improper if you demand to see if he did made the right entry of the extension in their system.

Here´s my story. I got out of Brazil in 2006 for the US for almost 2 years. I already had my Permanent Visa (RNE) at the time.  Upon exit the PF also have to place the exit stamp on my US passport  and also to an exit form which you have to present upon return.

Guess what. With that long stay, I lost the exit card or form. The PF also FORGOT to stamp my passport of the exit date. I discovered that to my surprise at the incoming
processing line with the PF. A woman agent wanted to fine me but a male superior
intervened to let me go.

The lesson: Don´t easily give your trust to anyone in Brazil. Even authorities. So from now on, you need to verify that the action taken on your behalf is documented. You should verify their seal or stamp on documents. If in doubt, its not improper or disrespectful to ask them of said proof!

Just come and present your case and be ready to pay if need be. Be courteous and respectful, smile and consider it as a part of life´s learning and growing!

robal

Hi all,
First of all, please be nice to each other. There's really no point in casting judgement on forums, people are just looking for help. But anyway, down to business.

I will be receiving a volunteer visa very soon after a lengthy in-country application process. My Girlfriend however will be applying for hers in the next week or so so it probably wont arrive before her tourist visa expires. We are both in country and came on tourist visas from the UK and extended, so the most recent 90days will run out on 11th of October. We will go away for a couple of weeks on holiday to Peru on this date, and then we want to come back in to Brazil.  I very much doubt that her visa will arrive before we leave, so I am wondering...

Do you think they will let her back in Brazil to wait for her volunteer visa to be processed? Is there any way of getting a document proving that her visa is being processed that we could possibly show at immigration?

I know it's a tricky one but any help is appreciated.

I can´t think of a possibility for that.  :sosad:  :dumbom:

Greggles

What agency is processing your GF's volunteer visa?  Your best bet would be to pose your question to that agency, and, since I assume that you're both volunteering through a recognized NGO, you might get more traction if the question comes from them, rather than directly from your girlfriend.
If that fails, then I think that robal's got it right, and she won't be able to come back until her visa is approved.

And a pro tip:  taking the veterans to task in the very first line of your very first post is not a good look on you, or anyone.

Do not think we casted judgement, the PF did.
I am with Robal. Just leaving a couple weeks and expired visa is a slim chance to come back.  and if via Air may not be able to board. Have you discussed this with he PF?

Thanks for all the help, I really appreciate it.. I will be applying for residency when I return in November so I'll be sure to use this experience as a learning curve. I'll just come with the money and as everyone has said, be prepared to pay if need be. I know it was naive of me as Brazil is a different country, different continent and works very differently to the UK! It's definitely a lesson. 😂

November will be judgement day for me haha!

Wilksee,
Good luck!  As I think I said way back when, you may be able to talk your way out of it, but it's best to arrive ready for any eventuality.   Worst case, you pay and leave it all behind you.  Best case, they waive it, and you have money in your pocket.  Pretty much a win/win, from where I'm sitting.  👍

Hi!

I know this post is from a year ago; but I’m in the situation that I am overstaying in Brasil now. And my question is; do I only need to pay the fee if I want to come back in? And I heard the fee exspires after 5 years?

Anybody that has the right answer?

Thank you!

Marieke from Belgium

Hi, Marieke,

The cleanest -- as well as the most honest -- way to deal with the fine is to pay it on departure, and keep the receipt.  That should prevent any complications when you return. 

If you can't afford that, you will be allowed to pay when you return.  As you've read in these threads, that is doable, but it can become complicated.

The fines do not have an expiration date.  Most people who have avoided them seem to have done so either when the Federal Police system wasn't working at Immigration, or after the Federal Police had a major system update, and old records weren't carried over.  The last major update was in 2017 when the immigration laws went through a top to bottom reform, so it's doubtful there will be another in the near future.

Over the holidays I was shown the system in a PRF (Fed highway patrol) car. That system also allows for the PRF to check immigration status (even passenger's) and from what I learned it  was up to date. The agent finds an issue and request an agent or drive to a near PF office and have them take over. Sometimes they say, take care of this and let you proceed.
If a highway patrol is up to date, you know airports and land crossings are.
Fine can be $R 10000 now under new system.
Take care of the issue ASAP.

I agree. Amount of the fine can change as the problem of overstay intensifies and taking care of the problem as soon as possible is a must. Besides, it gives you the leeway to enter Brazil even by land as there are no fines to take care of which dictates the need to enter by airports where there are banks to go to pay the GRU.

robal

Hi everyone.
Thank you for this amazing forum!
I also have a question.
I am from Turkey, staying in Brazil with the extended stay (180 days) which will be over late March. However, I am waiting for some documents to be issued so I can take them to the US consulate here and get my visa stamp and finally leave. Is there any way to extend my stay here in Brazil so I don’t overstay it. My worry is the bad record situation not the fine. I am afraid if this overstay affects my future visa applications to other countries or the one in process here. Any thoughts appreciated a lot!
Cheers,

From Turkey and taking documents to the US Consulate?
DPF handles immigration in Brazil and the only ones that can extend  a stay. Maybe difficult to extend over 180 day, but you  can go to the PF and ask. Do not know if waiting on an US Visa will help in Brazil. Two separate counties and laws.

Thank you for your reply. I might give it a shot and ask the Federal Police. Is there a way for other countries to know if I overstayed my welcome in Brazil a little?

Yagmurmerve :

Thank you for your reply. I might give it a shot and ask the Federal Police. Is there a way for other countries to know if I overstayed my welcome in Brazil a little?

Not aware of such unless there was some type of Interpol action. There is also the "ugly" BR stamp that indicates you are restricted in returning to BR.
There is no little overstay! If you broke the law you broke the law. Now on an appeal or you are take to the supervisory lawyer (normally in an airport or PF office) s/he can weigh the length of stay and make a smaller (or larger) penalty.

Yagmurmerve :

I’m not even going to waste any energy on this guy’s awful personality. Some people clearly don’t get the fact that this forum is about informing people through their experiences. What a waste of energy.

I believe Robal was just advising the truth. I have personally seen those which have had issues with immigration's and they see millions a year and have heard all. I have seen them say "no, you must leave" and when it became "heated" the party was in a holding cell until the next flight.

I was discussing the overstay visa/waiver subject with an agent this afternoon.
Yes there is the fine and the agent stressed, one must remember under the terms and conditions of any visas/waivers, one shall abide by all laws and visa/waiver can be revoked when a law(s) is/are broken.
Agent said it is all up to the DFP. You can ask for an immigration ruling (normally the Supervisor Agent which has a law degree and appointed by the MJ).

New topic