Brazil 90 day entry question - somewhat urgent

While you cannot stay longer than 90-days at any one time without an extension, you are allowed to spend up to 180-days during any 12-month period, not calendar year. https://www.google.com/amp/s/www.ivisa. … a-duration

Great, thank you! So if I understand correctly, I would have 60 days left? And the extension is only if it’s more than 90 in one stay.

Your 90-day maximum stay begins the day of your arrival, as does your year. So, from the date you enter, you can stay up to 180 days maximum in that one 365-day year. That count can be say 6, 30-day stays, 2, 90-day stays, or one 90-day stay with a 90-day extension.
In addion, just to confuse you a little more, every time you enter, you are starting a new year, like running two calendars at once, or like a trucker running with two log books.

I went to Brazil in August 2020, left in November 2020 for a month and  came back in December 2020 with no problems. They disregarded my first entrance in august due to COVID. So I think your fine there. However the extensions are not automatic. You should go to the federal police if your still in Brazil and request one. I just got an extension in February. If not, they charge $100 reais per day every day you overstay and you’ll have to pay it at the airport when u go to leave.

Hello.. i was in Brazil from 20.8.2020 till 29.01.2021.. in total 162 days.. at that time i read an info that PF was not counting the days of stay.. from some day in March till 2.11.2021.. Now when i am re-reading the updated info i may had mis-interpreted the info. ..
Visas
From 3 November 2020, the Brazilian government resumed counting visitor length of stay. They had previously suspended this at the start of the pandemic. Anyone whose 90 days immigration deadline would have fallen between the suspension period of 16 March 2020 to 2 November 2020 will not be fined. If your 90 days expired on 3 November 2020 or later, you might be fined for overstaying.

when we left Brazil from GRU, the officer did not mention anything.. no additional stamp or fees.. You think this can be brought up when i am coming back or apllying at the consulate for a Visa?

Here is the announcement:
Health Alert: October 22, 2020
Location:  Brazil
Event:  Suspension of Automatic Length of Stay Extensions
Effective November 3, 2020, the government of Brazil has suspended the March 16, 2020 regulations that automatically extended the length of stay for permanent residents and legal visitors in Brazil during the COVID-19 crisis.  Please note that a tourist visa (electronic or paper) is not required for U.S. citizens to travel to Brazil for the purposes of tourism, business, transit, and artistic and athletic activities, for stays of up to 90 days.  According to the new decree, the period between March 16, 2020 and November 3, 2020 will be disregarded when assessing whether a visitor’s stay exceeded the allowable length.
Regarding the Brazilian immigration process, immigration documents that expired after March 16th, 2020 will be accepted if the immigrant has remained in Brazil and seeks regularization before March 16, 2021.
Although Brazil has opened its borders to visitors traveling by air, U.S. citizens considering international travel should be aware that Brazil remains at a Level 4 Travel Advisory (Do Not Travel) and continues to experience high daily case numbers of COVID-19.  In addition, it is important to note that U.S.-based health insurance policies are generally not accepted by medical providers in Brazil.
Actions to Take:
•    For up to date information on Brazilian immigration and visa issues, please contact theBrazilian federal police.
•    Review the entireOctober 19 Brazilian Government Announcement (in Portuguese).
•    See the State Department’s Level 4 Travel Advisory for Brazil
•    If you have questions, visit the U.S. Embassy website on COVID-19 or contact the U.S. Embassy or Consulate General closest to you.
•    Follow the U.S. Mission to Brazil on Instagram, Facebook, and Twitter.
•    Enroll in the Smart Traveler Enrollment Program (STEP) to receive Alerts and Messages from the U.S. Embassy.

06/29/21

EdyNoBrasil wrote:

when we left Brazil from GRU, the officer did not mention anything.. no additional stamp or fees.. You think this can be brought up when i am coming back or apllying at the consulate for a Visa?

If the officer didn't say anything when you left, then it probably won't  be an issue on your return.

If the Consulate raises any issue, it will probably be if you request a Tourist Visa/Waiver too soon after your last one.  This doesn't seem to be a problem for you.  If you apply for a different visa type (like a VITEM, for example)  this is treated as a new case, and your last visa won't enter into it.

Anyway, if no Brazilian official suggests that you overstayed last time, you didn't,  so don't raise the subject yourself.

@abthree so this would be the same when overstaying a VITEM type visa, paying the fine when leaving, then returning on a tourist visa roughly 30 days after?  I have asked the PF this with no proper answer given. 

05/14/23 @abthree so this would be the same when overstaying a VITEM type visa, paying the fine when leaving, then returning on a tourist visa roughly 30 days after? I have asked the PF this with no proper answer given.
-@Anon666

I suggested on 04/28 that you should go to the PF, immediately and in person, to discuss your situation with them.  If you did that, I'm not sure what you mean by "no proper answer given" - could you elaborate?

If you didn't do that, or if you did and the PF just shrugged and said nothing that you could act on, then I think that you should talk to an attorney before you leave Brazil.  Leaving with your status unclear and then trying to come back without professional advice seems very dicey to me.

@abthree yes i have been to the PF already.  They said they were unsure and it is up airport staff upon return.  Consulted 2 immigration lawyers and I was given 2 completely different answers.  One stated that I just need to leave, appeal the fine, come back in with my husband's process number and the fine appeal and I should be able to enter on the tourist visa.  They were not sure 100 %.  This company was from SP. 

Consulted another lawyer in my current state - Ceara - and they said I need to go back to PF, pay the fine because appeals are pointless, leave the country and come back on a tourist visa but maybe through an easier airport!! They said at no point should I try to go to the airport.  I need to regularize in the PF.

The PF literally did not say this to me when I was there.

05/14/23 @Anon666.  I'm sorry to read that.  It must be very frustrating.  UPGRADING a visa from a VIVIS to Family Unification status with the Polícia Federal usually cancels the existing record of stays on the lower ranking visa.  Logically, DOWNGRADING from resident status to a VIVIS won't work the same way, but it happens so seldom that there probably aren't any rules.

You've mentioned earlier that you had already applied to renew your Family Reunion authorization, but that it's held up.  Have they given you any idea of how to break it loose?  Is there a documentation problem that you can fix in Brazil?  Or is their only response to wait for it to complete the process?  I'm surprised and disappointed that the PF apparently didn't react when you told them that you had a family emergency.  I would have expected better under the circumstances, at the very least a clearer answer.

Whether it would do you any good to appeal the fine depends on what your status was when your application for renewal was accepted.  If you had already overstayed, you'd certainly be liable for the fine that you had incurred up to then; if you hadn't overstayed yet, I would think that you'd have a pretty good case.  Have the PF actually told you that you will owe a fine?

I would probably try the Polícia Federal once more, maybe with your lawyer accompanying you, although I could certainly understand if that's too much for you.  If you go through with the plan of leaving and trying to come back later on a tourist visa, take advantage of your time in the UK to refresh ALL of the documentation you'll need to open a new Request for a Residency Authorization, so you can make a fresh start on your return.  Best of luck to you.

Thank you.

The hold up is documentation issues (silly ones only) on the migranteweb for my husband. So until comes back the PF are saying there is nothing they can do. I have all the documents needed for my family reunion visa already but it cannot be granted until my husbands is granted. This is the frustrating thing about it all.

They said they understand my problem but it’s not in their hands until my husband’s visa is granted. Yes I have a fine on the system they said.

Basically the family reunion is really easy but the hold up is the migranteweb.

05/14/23 They said they understand my problem but it’s not in their hands until my husband’s visa is granted. Yes I have a fine on the system they said.
-@Anon666

I misunderstood your first post, and thought that your Authorization of Residency had expired and that the renewal was held up, but that your husband's was ok.  Now I see that's not the case. 

You're both technically in the country illegally, but you have some protection because the Polícia Federal told you both to stay in Brazil until your husband's status is straightened out.  You're free to go, but if you do, chances are very good that you'll lose the protection of that instruction and not be allowed to return to Brazil for six months.  Considering the reasons for your wanting to leave, though, that may not be so bad for you.  Your husband's status should be resolved by then, and you'll be able to return and pick up the process where you left off.  Your husband should be able to pay your fine for you, and you won't even have that hanging over your head and accruing interest.