Overstaying in Brazil, how to pay the fine

Did the subject of your fine come up during the application process for your student visa?

(This subject is discussed extensively in the thread "So what if I overstay my Tourist Visa in Brazil anyway?", but your new student visa may add a twist.)

Hey guys,

I was hoping for some advice. I am Irish and currently living in brazil, I married my husband on January 12th and planned to apply for my permanent residency visa. My first 90 days allowance expired on January 31st (I didn't need a paper visa) and two weeks before it expired I went to the federal police with all my documents to then find out that my criminal background paperwork was out of date. So I had to reapply for a new document, have it witnessed and apostile stamped which basically took me over my allowance to stay in brazil. I then had to wait for the document to be returned via DHL to me in Brazil and have it translated again. So up until now I have overstayed by 39 days. Do I need to pay 3900 reais? And if so do I need to pay it when I go back to the federal police or when I leave the country? Any advice would be greatly appreciated


Thanks,
Aisling

Aisling 7

It will be up to the agent you deal with how he interprets it. Are you allowed an extension of your visa? If he decides you owe it will be the total amount? You will probably have to pay it now since you are getting permanency.  Maybe it will just be excused because of the circumstances. I never needed criminal records check. I had one but the agent had me sign a declaration of no criminal record in Brazil or abroad.

Jim

Tuva,

I can imagine that when you applied for a student visa, the consulate or embassy did not have the record of your fine noted at the airport when you were a tourist.

To speed all things up without you going for more reading on this forum, I´m afraid that the cash remittance for your fine is ONLY received by the bank that the PF at the airport authorizes.

So you have to change your flight schedule to arrive on a weekday preferably in the morning and if not
the early part in the afternoon before the bank closes. 1300 arrival would be ok to be sure because of immigration processing. Banks close normally at 1500 to 1600 depending on your geographic location.

Good luck!

robal

Aisling7,

If the PF agent is in a good mood and you smile a lot, you probably can slide through
unscratched if you´re lucky. However, if the PF agent decides to fine you because of your PR application, you have to pay the R$3.900 as a whole at the time.

robal

Hi Jim,
Really? It's so confusing because so many people have had different experiences. They gave me a list of all the paperwork I needed and because my criminal background check had expired by one month (it needs to be within the current 3 months of applying) I had to reapply again and the waiting time for mail to arrive in Brazil is a nightmare! I do hope I can apply for a permanent visa and that me overstating doesn't affect it.

Aisling

Hi Robal,

Hopefully I can get a by ball considering I had all documents required and have paid for my visa before the expiry date, I will just have to keep my fingers crossed I deal with someone in a good mood lol

Thanks,

Aisling

Aisling7

It sounds like you have a legal Brazilian marriage, and an open application for permanent residency pending that you started while your visa was still valid, and you're just waiting for an updated document from Ireland to finalize the application.
If that's the case, I don't think you have much to worry about. 
The way to frame it with the Federal Police is that you're completing the application you started on January 17, because they told you to get an updated Criminal Records check, and it finally came.  If the officer says that your visa has expired, the answer is that it was in effect when you started the process, and now you're just trying to complete it.  It's a good story, and doing a Friendly Brontosaurus should sell it.
Good luck!

Aisling 7

That is correct. The PF is supposed to accept the documents that you have correct and start the process and finish it when you have the rest of the records. I wouldn't even mention the overstay unless they do and them as you were advised, Tell them you applied on time but your police document was too old.

Jim

well, when I  in August, I dropped off my application for Residency I was a few days over my stay and I had to leave the country just to get a stamp in my passport to show I had left and paid 93.00 Reais. Which needed to be paid within 7 days.
When I got back I received my docs.  So it all depends on where you are in the country.

So I went yesterday to the federal police to get my visa processed again and my fee was 4,500 real! The officer didn't even look at my criminal background check from the UK which was frustrating because the last person we spoke to told us they couldn't start the process at it had expired and waiting for a new one to arrive is the reason I have now overstayed! And we found out yesterday we needed two more documents from the civil police and the state police here in Rio to say I have no criminal background here, we already had the declaration but it wasn't enough. So they have given me the option to pay the fee and they will put a stop to it and process my documents or leave the country

Sorry to hear that!
At least, it will stop the overstay clock, and you'll be able to finish the permanency process.

I think you are at the point where you need to deal with the person's supervisor. The declaration stating that you have no criminal record in Brazil and abroad has been all that was required for years. I hope you are taking someone with you is fluent in Portuguese. Also, you cannot be made to leave since you are married to a Brazilian.

Jim

Hi Jim,

My husband was the one dealing with them and he explained the circumstances but they just didn't want to hear it, it was basically you pay or you can leave. If the lady who we went to originally had started the process then we would have only had to pay R$800 regardless of however long I overstayed but we weren't to know and told this to the guy yesterday but they have no interest. It seems they make their own rules up as each time we have went we have been told different things

Aisling 7

That is why I suggest you ask to speak to a supervisor. most of these people working there are contracted employees. don't give up. As I stated they cannot make you leave.

Jim

Hi Jim,

Thanks I will do, There has to be another solution or they need to ensure all that works their are giving the correct information to everyone

Just pay and do the rest of the the paperworks.

If nothing works at the end, in that particular PF office, you should try another one.

One department was suggested by one of our members that the office in Porto Seguro
is more lenient. I don´t know if you´re willing to do that because of more costs and the strain of going one state up.

Sorry to hear about all your disappointments...

robal

Hey Aisling, do you mind sharing the latest news? Hope it all worked out ok...

Hi everyone,

I have a question about overstaying your tourist visa in Brazil.
I am flying back to Holland this Thursday but I have overstayed my tourist visa for 30 days. I tried to extend my visa with another 90 days before, but they denied me with the reason that Holland doesn't let Brazilians stay longer too, so they wouldn't let me either. I decided to take the risk seeing that the fine was only 8,28 reais a day. Now, I'm reading that the fine just went up to 100??
I also wanted to know if it's better to go to the Federal Police before I fly back home, or if I should take my chances and see what happens at the airport. I'm staying in Vitória and I have a friend here that can come to me to the Federal Police office here. Do I need to take any other documents besides my passport and entry card?
I have booked a separate ticket to Rio and then have my flight home from there, if I don't go to the FP here, will I be dealing with it on my transfer in Rio?
I hope you have some advice for me!

Margot

Maegot
You can certainly try to deal with it at FP in Vila Velha. If you don't you will be given a letter to pay at the airport in immigration. You won't have to pay it until your return trip.

Jim