residency status, more than 180 days, etc

Hi guys
Started visiting Brazil since April, in and out a couple of times, now suddenly I will need extend the visa/stay as I plan to exit Brazil for two weeks in January and coming back again in February. Then after I did the research, I realize foreigners only allowed to stay 180 days per year. This is a big bummer, as I re-entered Brazil in August, plan to leave in January 2020, and coming back in February, stay another half a year. So this is against the rule of 180 days?

So what do you guys suggest me to do?

My own thoughts after I read a lot via internet:
1. Apply temporary residential visa (hope I can stay for more than 180 days since April 2019) via research or artist categories
2. Extend another 90 days (not sure if federal police allows it, but I already stayed in Brazil since April for like 130 days) and leave in January and not coming back until July - will they really deny your entry if I come back in February 2020?

Thanks for any inputs!!!!

If you've been here for 130 days (counting your arrival and departure days) since April 2019, then you're ok so far, although you should have requested an extension from the Federal Police any time you were here for more than 90 continuous days, and you may have a problem later if you didn't.

Your cleanest, most hassle-free thing to do would be to leave just before making 180 days (to allow for miscounts), and come back in April 2020, on or after the date of your arrival this year.  That will re-start your 180 day clock.

Applying for a research or artist visa in-country at this late date would be a real long shot.

Thanks so much for your input!

The last time I entered Brazil is August 24. So it has been continuous 67 days already.

Where to apply artist/temporary resident visa? Can I apply in Federal police office in Sao Paulo? How long does it ususally take to get it?

What if I apply for extension now? will I get 90 days extra?

Thanks again!

Abthree said it best. I see no way for any type of research or artist.
Yes they can deny entrance and will be in the system on departure.

Thanks Texanbrazil

Do you mean it is going to take long time to get the temporary resident visa?

Is there any other way around?  I have been traveling in Latin american for years, and never had this situation before

AND I am an artist, and planing to perform artistic activities in Brazil and can get letter of support from Brazilian universities or ministry of culture

If your first arrival was in April 2019, don't forget to count those days as well; the Federal Police will.

It appears that you need to be outside the country to apply for either a VITEM I (Temporary Visa for Teaching or Research) or a VITEM XII (Temporary Visa for Sporting or Artistic Activities), probably because advance approvals are required by Ministries other than Foreign Affairs and Justice. 

Every Consulate is a little bit different.  Since your profile shows Boston as your US residence, here are the VITEM I requirements at that Consulate: … aching.xml

Here's what Boston says about VITEM XII: … tivity.xml

For reference, the Chicago Consulate's VITEM XII page is more informative:

*you may need to copy and paste that last link*

Thanks so much!

yes this year 2019 I first visited in April, then out in May, coming back in June. leaving in July and coming back in Brazil in August 24 until now

I also visited Brazil in August 2016, April 2017, and September 2018 (these are entry month, I stayed 2-6 weeks each time)

So what is my original date in my "calendar" - April 2019? So I can fly back in April 2020 for 6 months stay?

ahh and I actually first entered Brazil in 2009 December, will that count? I used a different passport other than USA passport

If December is the start of my calendar - I can re-enter in December this year?

It would be great if this works!

As a US citizen, you can be in Brazil for up to 180 days in every 365 day period.  If you were out of Brazil for at least a year before your April 2019 arrival, your clock started with your April arrival.  It's a rolling twelve months, though, so if you've been staying for a month, then leaving for a month, then coming back for a month since then, you should be ok.

I am only going off prior experience. We had an office in Rio and the company and I spent months working out how to handle entry and exit (no permanent type would fit and I add "pre 2017") I had to come and go as needed subject to the 180 days. It worked, but I and HR had to track my days.
There were times that I had to conference calls and wait till I could return. Each time I left I was told to "watch my days".
The above links given are the "bible". I would not rely on other internet information.
Now after going through the permanent CRNM process (took over 6 months) and knowing the DPF as I do now, that are watching.
Not sure if you are saying you had or have dual citizenship with 2 passports or just an old one and expired and renewed. This again may raise awareness' and they can cross check much easier than just a few years ago.

Thanks again for your input
Regarding your comments " If you were out of Brazil for at least a year before your April 2019 arrival, your clock started with your April arrival."

I checked online and found this:
"The year is calculated based on the first time you enter Brazil, and not on the calendar year or some calendar that the Federal Police invented, as some people erroneously believe. So if you entered Brazil for the first time on June 15, 2014, you have 180 days to spend between June 15, 2014 and June 14, 2015, 180 days to spend between June 15, 2015 and June 14, 2016, etc." … Thing_Work

This is important, if clock starts April, I already stayed 140 days since April 2019, and can only stay for another 40 days until April 2020. If clocks starts December, then I can fly out of country for a few days and come back in December this year - this won't influence much of my work, if I can stay another 6 months until May 2020

Thanks for your input!

Do you know when is the date for the calendar/clock starts? 

And is there anyway that I can go to a PF to ask them when is the date and how many legal dates I can stay in Brazil?

I also found this from the website Abthree listed:

"Stays in the national territory are allowed for up to 90 days, extendable for the same period, provided that the visitor does not exceed 180 days of stay in Brazilian territory every 12 months, counting from the date of the first entry." … r_visa.xml

For ease of understanding, assume that being absent from Brazil for a year or more resets you clock to zero.  Every time you come to the attention of the Federal Police -- leaving the country, requesting an extension, etc,. -- they'll check your records of entry and exit for the last 12 months.  If that search shows fewer than 180 days (178, plus the day you arrived, and the day you depart), you can have some more.  If it shows 180 days, you have to leave.  If it shows more than 180 days, you have to pay a fine, then leave. 
After that, every time you enter Brazil, the computer does the same calculation:  a 365 day look-back, subtracting the number of days it finds from 180, and giving you the result as the maximum number of days you can stay.  The Passport Control Officer MAY give you fewer days, but s/he cannot give you more.
Every month, the oldest month drops out of the calculation, along with any days during that month, and the newest month is added.  That's the way Tex (and I, because I was in the same position for a while) knew how to "watch the days".

Thank you Abthree for your patient explanation.

Your comments make sense, I sent an inquiry email to the Brazil consulate to confirm.

Now it seems going to be a big disappointment for me, as I won't be able to come back until April 2020, all my travel plans, flights, airbnbs need to be cancelled and re-arranged...

I got three different answers from 3 different Brazilian consulates in USA:

1. Calendar year starts January 1st - I think this is completely false
2. Calendar year starts last 12 months of the current time - this matches what Abthree said
3. Calendar year starts September 2018, here is her explanation:

A 1 year time starts at first entry and ends every time 1 year (365 days/12 months) was elapsed.

- August 2016, March 2017 - 1 year period completed in July 31, 2017;

- September 2018 ( and entry on April 2019 and entry on  June 2019) through August 2019 - 1 year period completed;

December 2009 doesn't count once you only entered Brazil again in 2016.

Then I would go to the PF office and as. Many get answers from Consulates that are not technically correct. PF has the last word.

Texanbrazil :

Then I would go to the PF office and as. Many get answers from Consulates that are not technically correct. PF has the last word.

Exactly.  Once you're in Brazil, they get the only vote that counts.  :idontagree:

Just post my experience regarding this

I extended my stay for another 90 days at federal policia today
Workers there have quite bad attitude towards us, and refused to answer my question regarding if I come back in February 2020, how long I can stay
I received another email from consulate resonating abthree's theory
I showed the email to federal policia, and the worker refused to tell me if the email is correct or not

I am planning to apply temporary visa once I leave Brazil in January
Not sure if I have to apply in USA, because I don't live there anymore, it is inconvenient
Otherwise, I won't come back in Brazil in 6 months, being afraid the immigration at the aiport won't let me in

Glad you got the extension!

Yeah, different PF offices are different, you can catch people on a bad day, and I guess no police anywhere like it if they think someone is trying to bend a rule, even if they're not.  :cool:
Not sure what you mean when you say that you don't live in the US anymore, but if you have residency in another country, you shouldn't have any problems applying from  there.  If you plan to try from a third country, check out the rules on the website of the Brazilian Consulate there:  some will process visas for third country nationals, some limit it.

yes it took 15 minutes wait to get the extension, super fast, I was surprised

I am a nomad, I don't have residency in any country

it is pity and disappointing that nobody knows the rules of 180 days, now that I can't plan the trip back to Brazil at all

Maybe I should forget about Brazil.

Nomad or not you are a citizen of some country and that country is the guidelines which any other country would use. Did you go the airport PF? They will give you an answer.
You need to get pass the admin section and get to a secondary process.
Who is us? Never had and issue with PF.

I am USA citizen as mentioned earlier but I don't have residency in any country
I went to the PF headquarter in the city of Sao Paulo, not the airport - it is big official office that is the only one in the city that can extend the stay
I printed out my questions in paper in portuguese, together with consulate's email
they wouldn't tell me consulate's email right or wrong
then I said, , i plan to leave in Mid- January and come back in February, how long i can stay then,
no answer
I guess maybe they don't like us not speaking portuguese

us is me and my friend, both USA citizens, we travel together, but he is going to US in November and coming back in December, so he doesn't need extension
but he asked them when he comes back in December, how long can he stay
they said 90 days
then he asked with my printed paper, saying, based on this, I already stayed 180 days from December 2018 to december 2019, will the airport reject my entry
no answer, just keep saying, you can stay 90+90 days every 12 months

Then another guy told us to leave the counter, because we blocked other people (which is not true, there are plenty of space)

I printed out my questions in paper in portuguese, together with consulate's email'

You do realize the Consulate and DPF are separate and not under same Ministry. They are not going to comment on what one Ministry said about another Ministry! DPF is MJ and has final word as to immigrations laws, not a consulate.
If you want to know if airport will reject you, go to the source.

In fact, on the very specific question of time allowances for new arrivals, the Polícia Federal office at the airport will probably have the most current information, more even than the Estrangeiros office:  they need it to do their jobs.
As Tex said, the Ministry of Justice and the Ministry of Foreign Affairs won't either criticize each other, or take instruction from each other.  Justice gained power and Foreign Affairs lost it through the 2017 immigration reform; they used to have to accept anyone that Foreign Affairs approved, now they don't, and sometimes it shows.
Brazil is neither friendly nor unfriendly to nomads, but it definitely does nothing to make life easier for temporary residents.  As you've learned, it's a functionally monolingual country, and makes no allowances for non-Portuguese speakers.  The people who make it work seem to be the ones with a special attachment to Brazil, speak at least enough Portuguese to get by, spend six months a year here, and six months a year somewhere else, counting their days.  If you're not especially attached to Brazil, there are countries where you'll find a warmer welcome.
Nomad or not, US citizen rules apply to you -- you're lucky not to be an EU citizen, most of them get 90 days in every 180, no extensions.  The specific residence rules of any Consulate where you request a visa will also apply, so check those first.

As HQ of policia federal can't give a clear answer for 180 days, i see no hope living here permanently, but that is not necessary meaning that I would give up my project here

Love Brazil, also many other countries too.

HQ has many levels from admin to the delegados. If you were not able to get to secondary you will get the standard answers that have been repeated every day. At the airport they deal with immigration every day 24/7 and many speak English. If one can not help they will find a agent who can. It goes to the top (delegados) which have law degrees and normally has the final decision or answer.
Initially always had someone who spoke Portuguese and now they know the "americano" and allow me into secondary for help. (Appt only)
If you do not have patience, you will not enjoy BR.
As said, go to airport or a smaller tourist city.  Which reminds me, there are small PF offices near tourist areas and deal with tourist only.

No need to give up your project here, as long as you understand the rules and follow them.  And if you can partner with a Brazilian university or cultural organization, so much the better.  As I said above, the Polícia Federal does not stack visas, so a cultural or educational visa puts  you on a different timeline. 
The Brazilian arts scene is very rich, and can always use new input.  I wish you well.

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