Overstayed Tourist Visa for 504 Days, Looking for Answers

KillyRedd wrote:

Hey all, just want some clarification about overstaying a Tourist Visa. I've read a ton of posts on this forum, but many of them are older.

Here's my timeline to get a better understanding of my situation:

- Entered Brazil Feb 6, 2019
- Extended Visa until Aug 5, 2019
- Leaving Brazil Dec 21, 2020 (504 days overstayed)

Here are a few questions I have:

1. Could I be permanently banned from Brazil?
2. Will paying the Multa at the airport on DEPARTURE help me avoid something like that?
3. Despite having to stay out for 180 days because of the overstay, could I get a Student Visa to come back before that? For example, I am considering getting a Student Visa to come back in about 3 months rather than having to wait 6 months.

1. Unlikely, but anything can happen. You do not have the COVID extension on some of your days. That is a long overstay and I have heard the PF is getting ready to roll out some operation to address this situation.
2, Yes, You may even go 8 days prior to pay at the airport. Do pay before leaving. Waiting will raise many red flags if you return, and the regulations can change often
3. Not an expert, but do have good help from the PF. Think about it You just overstated way over your last visa! Now Consulates/ Embassy's can grant this visa due to being separate from immigration, but if you travel before the time given by the PF when departing and arriving in Brasil, be prepared to be " a no entry" by the PF. PF has the final say on entry and has all your past data. It is a risk that the airline sees a visa, but PF sees your record and denies entry. The airline is off the hook of paying to fly you back.
Finally, do pay and be sure to have a paper/document releasing you from your fine. Many on this site paid left and came back to a messy situation. (Some little stamp on your passport does not help, it appears information does not get entered in the system.)

Hey, I overstayed my visa by a lot as well back in 2018-2019. When I left the country with my wife for the first time, I was given a roughly r$9500 fine to pay on the spot or upon my return. I tried to pay there and then but the boarder official insisted on paying when I returned in a few months, which we agreed to do. When I returned the fine had increased to over 13k from fees we were not told about. I also was denied entry to the country after arriving in SP and had to buy a different flight to Paraguay where I had to stay for six months until I could legally enter the country again and complete the last step of our marriage process.

First thing you're going to want to do is get in touch with the PF and find out how much you're going to owe.  Figure out which airport you're leaving from and get in touch with the Delegacia there; explain your situation, etc.  They'll give you instructions on how to pay the fine, etc.

From what I'm reading - and I could be wrong - the maximum fine is R$827,75.

You'll be required to leave Brazilian soil for a minimum of 180 days, although I've heard horror stories of individuals unable to enter for a year.

If you're marked as "NO ENTRY", you won't be entering Brasil on any type of visa.  In fact, you could ostensibly rack up well over R$1.000.000 in fines and be considered inadmissible if you try to return before your time is up.

Best bet is to get in contact with the airport delegacia, pay your fines and stay out of country til you're once again eligible for reentry.

HaDov

Good advice about getting in touch with the airport delegacia, and arranging to pay the fine on departure.   
Since the immigration law reform of 2017, the maximum fine is R$10,000, and the PF is assessing interest against unpaid fines, so more than ever, paying on departure is the way to go.

Most recent update on visa overstay fines and COVID:
as of the 2nd of November the overstays are being counted again, and will lead to fines. So the window that was fine-free due to COVID19 extends only from 16th of March to 2nd of November. Be aware, as I just paid 2500 reais, leaving today back to Europe. To levando tambem um cachoro que adotei aqui da rua. 4 meses para fazer os tramites e a papelada, mas valeu a pena!!
Greetings to all!
Sha

I heared 6 years after you got fined you can reentry Brasil without paying the fine? Is this true?

On oct 17th,i arrived from miami knowing i had an outstanding fine of 3700r.A nightmare almost ensued.Multas are paid at Safra bank,they DONT accept international visa debit cards,I had to hit the atm for 2k,at a net rate of 461,terrible.I was threatened with deportation by the PF,oddly at no time did i speak with the PF,negotiations were handled by a airline rep.
They did waive the interest, but a bad experience, think max fine is 10k?

I would be surprised if you are not fined, with interest. Be prepared to pay.'
I do not believe they will send you back if you are willing to pay.

Problem is ,I was directed to pay at safra bank,which doesn't accept credit or debit cards apparently, can of worms,i arrived on a Sunday, not sure if that mattered

10/24/21

george233 wrote:

I heared 6 years after you got fined you can reentry Brasil without paying the fine? Is this true?

The Polícia Federal changed computer systems a couple of years before the reform of the immigration laws, in 2014 or 2015, I believe.  Many old entry and departure records, including many old fines, in the former system were not migrated to the new one, and so effectively waived.  Then in 2017 the value and calculation of the fines completely changed, and during the implementation of the new laws, it could be that some old fines were also waived.  Either of those events, or both together, may have left some people with the impression that old fines were being waived as a matter of policy, but I'm not aware of that ever happening, and would doubt it.

george233 wrote:

I heared 6 years after you got fined you can reentry Brasil without paying the fine? Is this true?

---
I have tried to search the PF websites and find no information on the limitation or expiration of overstay fines. Unless the records have been lost in their digital updating, I would expect to pay the fines.

I got my fine of 6000 reais in April 2018. Like to go back next year in January. I'm not realy willing to pay the fine.

I got fined in Recife airport. Is there a chance they not notice the fine an airport Sao Paulo. Or any other airport.

george233 wrote:

I got fined in Recife airport. Is there a chance they not notice the fine an airport Sao Paulo. Or any other airport.

___
Today, this is all computerized and well connected country-wide.

First of all, I can understand a week or two, but 504 days? C'mon man. That's ridiculous. On a more constructive note however, Brazil doesn't require Visas from people from the US any more so you may have some wiggle room. Just go into the Federal Police, explain yourself and hope for the best,

10/24/21

sjpetzold wrote:

First of all, I can understand a week or two, but 504 days? C'mon man. That's ridiculous. On a more constructive note however, Brazil doesn't require Visas from people from the US any more so you may have some wiggle room. Just go into the Federal Police, explain yourself and hope for the best,

We need to be really clear on the "Brazil doesn't require visas" business.

Brazil does not require US, Canadian, Australian, or Japanese citizens to obtain a tourist visa in advance of their visit.  Effectively, they receive an electronic visa on arrival, that is checked against their records and  subject to all the usual limits on the VIVIS tourist visa, especially inability to work legally and a 90 day limit on the visit, with one extension permitted at the discretion of the Federal Police. 

Visitors from those countries who have already reached their limit of 180 days in every 365 recently are in the system, and can expect to be denied entry; the only difference is that if they had had to apply for a visa, they would have found  out at home that they'd be denied entry instead of in a Brazilian airport.  And if there's an open fine on their records in the current Federal Police computer system, they'd better arrive prepared to pay.  All ports of entry have access to exactly the same data.

sjpetzold wrote:

First of all, I can understand a week or two, but 504 days? C'mon man. That's ridiculous. On a more constructive note however, Brazil doesn't require Visas from people from the US any more so you may have some wiggle room. Just go into the Federal Police, explain yourself and hope for the best,

___

Brazil still requires visas, that is the stamp they give us in our passports upon entry.  As far as I know, there is no "wiggle room" with the PF at the airports not having travel history upon our entering into their country.  They have very good and up-to-date data now on everyone entering and leaving, including our past travel history, at least back to the time they digitalized.  The officers at the airports do seem to have discretion on how they proceed with fines and interest from what multiple people have told me.

Is the 6 months ban after an overstay a fact and a law or just a method of operation depending of the individual and Police officer? If you have paid all the fines before you leave do you still get a definitive ban to re-enter? I got a screenshot of my data (with my lawyer) from the border control officer and there was marked: 84/180 prazo disponivel anual. So that means 84 left visa days. Some people have mentioned about 6months and 1 year ban. Can an extradiction happen? This is so confusing and information is conflicting.

The overstay happened just because high police and immigration officials gave very conflicting information for two years and tried to solve the case with my lawyer.

07/23/23 Is the 6 months ban after an overstay a fact and a law or just a method of operation depending of the individual and Police officer? If you have paid all the fines before you leave do you still get a definitive ban to re-enter? I got a screenshot of my data (with my lawyer) from the border control officer and there was marked: 84/180 prazo disponivel anual. So that means 84 left visa days. Some people have mentioned about 6months and 1 year ban. Can an extradiction happen? This is so confusing and information is conflicting.
The overstay happened just because high police and immigration officials gave very conflicting information for two years and tried to solve the case with my lawyer.
-@Pantai79

"Extradition" means transfer from one country to another that has charged the individual with a crime, so you probably mean "expulsion".  Expulsion -- being taken to the airport and put on a plane -- is very uncommon, and (as far as I know) unheard-of for someone who hasn't committed a crime.  So you shouldn't have to worry about that.  The worst that usually happens is that a person is given a few days to get their affairs in order and get out of Brazil on their own.

If you weren't told that you had a ban and if the data you were given doesn't show one, then you almost certainly don't have one.  Swedish citizens can stay in Brazil as visitors for 90 days in every 180 days, no extensions, for a maximum of 180 days in every 365 days.  504 days is quite an amazing overstay, but if you've paid all your fines, it sounds like you can return 90 days after your last departure with little risk of being denied entry.  Keep that screenshot with you just in case, though.

@abthree Sorry, I messed up the words and meant just that if you will be returned back to your home from the border and not being able to enter Brazil.

Actually asked the officer 2 times that when can I return to Brazil with tourist visa and he answered "after a year, but contact policia federal, they know better the answer" How should I then interpret the notification if I still have 84 left (marked in the border control system) in my tourist visa and have paid 9500 reais before I left?!

I have overstayed a lot and it's a long and complicated story just because of officials not taking responsibility.

@abthree why 90 days??

@KillyRedd

1. Very unlikely unless there were other circumstances beyond overstay

2. Will save you unnecessary interest and can only help and save you a step later on

3. 6 months stay out of Brazil if on a tourist visa, can return earlier if on a visa