Overstay Brazil visa - fine

The stamp you received in your passport upon entering Brazil is your visa now. Everything is tracked electronically now.

Thank you for the reply. So I am looking at a pretty good fine. What are the options for payment? Is it possible to pay when I leave?

jbarnettwcf,
Yes, you can pay at the airport. I would do so as soon as possible.
You are under a waiver visa and have the same rules as a normal visa.
You do not want to lose being under the visa waiver program, if you do you will need to apply for a tourist visa to return.

Thanks for the reply. Will they make me pay it before I leave, or when I return? There's a pretty good chance this is my last Brazil trip, anyway.

Depends on the days overstayed. Many agents just say to pay upon return, but that begins interest on to of fine. If you do not pay when leaving you to have to pay before you return again. So that ups the chances you cannot return until the fine is paid,
If you overstayed more than 180 days there is a good chance you have to pay before you leave.

My overstay will be about 100 days, I'm not sure how the covid extension plays into that, I have been here since late March.

can I ask if you had a conclusion to your question? Was this your first time in Brazil?

I am in Brazil, I will have about 90 days of overstay, but the thing is, my wallet was stolen and I have no means with which to pay the fine until I get home. Is there any chance they won't allow me to leave? I know I should have left earlier, but I was swayed and thought I was in love with a lady here...long story.  I know most people get the fine and pay it on re entry and I really hope this is the case. I am freaking out a little bit, so if someone could clarify I would definetly owe you one! Thank you!

09/30/21

jbarnettwcf,

Don't worry, they'll let you leave and pay on return.   You'll be charged interest, though, so keep that in mind while planning your future travel.

I was pretty sure this was the case but thank you for the peace of mind!

Thanks, my first time in Brazil and I wasn't sure of the proceedures. Also, I have been here since March 20 2021 and I don't know if some of my days will count towards the covid extension? (I didn't know I had to apply for 90 extension until it was too late).

Tourist Visas and Visa waivers for CA have always been 90 days and may apply for additional 90 days.

Many do not read the visa waiver terms and believe it is open-ended, but if you look at CA eta visa for Brazilians it also only allows 90 days with a "kicker" the BR passport hold must have been in CA at least once in the last 10 years. (Now that was 2017 and may have changed)
Sorry to say you will be looking at a fine.

That's ok, as long as they allow to me to pay it on return, I have no problem with that.  I understand there will be interest applied, nothing I can do about that.

A great attitude like that will go far with the PF.
You will be fine. You can pay when you return.

Only thing I can say about the fines is seems like they enable it for juros / multa to happen, they seem to be capitalizing on peoples lack of infomration - poor approach and no preplanning to brazil, while the please come to brazil narrative stands, there is money to be made here to help offset items, I'd like to point out they are making it super easy to apply from the country you are coming from, BUT if your here and stayed past your appointed time, sharks are out for your wallet.

The only reason why I see them not letting you pay and sending you off on your way is to enable the late fees to happen, as I would like to see some report on how much income is generated from late fees for overstayed fines in brasil!

10/18/21

You may still be able to pay before leaving if you go to the Polícia Federal office in the airport before going through Security, ask for the GRU, and pay it at a bank in the concourse.  Here in Manaus, and I think in other airports as well. you only get to Passport Control after clearing Security; if that's where you find out you owe a fine, they may not want to send you out of the secure zone again.

Don't forget, you have 10 days to appeal the fine, and if you have a valid reason, they may cancel the fine. I had proof that my flight had been canceled du to Covid, and they canceled it. It was only for 7 days though, I doubt they'll cancel a 90 day fine for the same reason, but it's definitely worth a try.
Here's the address to appeal the fine. It's the address from their office in Rio, so if you didn't receive your fine there, they will answer you with the address you have to use.
[email protected]

I heared that you don't have to pay the fine after 6 years. does anyone konw about this.Maybe ask the PF at the airport.

In brazil anything is possible, I had a 3700 r fine,they only waived the interest, an agent could give u a hard time,prepare 4 anything, but leaving shouldn't be a problem

if you com from Europe to Recife. You have only one option. To pay what the ask.

tonvanvoorden wrote:

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Hi TexanBrasil,

I have been reading this blog with great attention as today I just received a $R1,800 fine for over staying 18 days past my 180 day allowance (90 + 90 extension).

I had the exact same issue that everyone has spoke about, not being able to pay the fine on departure even though I took enough cash to pay they were not at all interested.

My big question is....... since I over stayed 183 days in 12 months do I now become a tax resident? Or do I simply pay the fine as remain a tourist?

I have only joined today so if the format of how I asked my question is wrong wrong then I do apologise.

Thanks for any help or insight.

Cheers

Eham2018,
No, you are not a tax resident. Only become taxed if you become a permanent resident or citizen.
Of course, they would rather have you pay interest while not paying the fine. Be prepared for a fine of R$ 10.000 when returning though.

I do not know why you could not pay a fine when leaving? One should ask politely to speak to a supervisor. This would take you to secondary where they would issue you a Multa. Depending on which airport you departed, you would pay at the RF of if closed a bank approved at the airport, such as Safra at GRU.
You could appeal when returning, but without proof of this statement, it would be difficult to prove.

183 days or 18?

Thank you for quick response and for your knowledge.

My days actually renew 27th December as this was the date I first entered 3 years ago. I plan to return in 2 months or so, from what I have read on here with an example of R$9,000 to R$13,500 (with interest) I estimated, approx 5%/month. Luckily mine is just R$1,800, some cases are so so much worse.

The funny thing is, my wife and I went to the local FP In our city and they said if we paid a R$100 fine on the day I went over my 180 I wouldn't have a fine at the airport. I even showed the agent at the airport I had paid this fine........this was not accepted.

Now I have found this amazing forum I will help as much as I can with my past experiences while staying in Brazil. Such a great idea to share real life experiences with the systems in Brazil.

Thanks again.

I read there was a rule if you stay over 183 days, but I was getting confused with VIVIS and VITEM.

As long as I remain VISIS I believe I won't have to pay Brazilian tax on my earnings from UK.

If I decide to get a temporary VITEM visa and I stay more than 183 days in 1 year I would have to pay tax.

Texanbrasil huge thanks again.

Yep,u got some sharp people here,in my case 3700r,but they waived the interest, however they only wanted cash,barely made it,it was a Sunday, dont know if that mattered,safra bank was open,visa card not accepted, bring cash just in case.

Eham,
What are you meaning when you say"tax"? Do you have income in Brasil?
You are not going to be taxed on income in UK.
VIVIS is a tourist visa. Good for 90 days.
VITEM visas this category provides a wide range of visas in Brazil. VITEM I offers cultural and academic research visas. Sportspersons and artists can get the visa that comes under the VITEM III category. VITEM IV offers study visas as well as a supervised academic exchange program. VITEM V offers visas for professional training exchange programs, work, and news correspondents.
Many Vitem require sponsors or acceptance from a school.
You will only be taxed if you work in Brazil and this requires a work permit that requires some sort of a permanent residence and CPF

TexanBrazil

It was my understanding is that once you become a resident in Brazil you are taxed on your worldwide income?

"Any individual that is considered to be a resident for tax purposes in Brazil is subject to Brazilian taxation over worldwide income (wages, interest, dividends, rental income, capital gains, etc.)"
Taken from KPMG website.

My work isn't in Brazil and I pay tax in UK.

I want to keep doing as I am doing and using the full 90 + 90 days extension as a tourist to avoid having to become a resident in Brazil.

I took loads of cash with me to pay the fine today, but I'll now need more for the interest. Which airport did you fly into to get the interest waived?

Do you have a CRNM?
You write about visas. You do not need a visa if you have a current CRNM. Since you are discussing fines, you must not be a permanent resident.
If you are a permanent resident, you need to discuss taxes with an accountant in your city. Some countries have tax agreements with BR.
All I do is present my international accounts, and taxes, and BR bank accounts. I have no Brazilian income.
Never overstayed out of Brazil either.

Hello everyone,

Apologies if this is repetetive. I need to try and clarify some issues surrounding the fine.

I am a UK citizen and I overstayed my visa for Brazil back in 2017, the fine when I left Brazil was 5,500 reis, more or less. I have not returned to Brazil since. I am a UK citizen. I have since married my Brazilian girlfriend, but not in Brazil.

In May 2022, we are scheduled to return to Brazil for a wedding, a visit of around 3 weeks.

Can someone help me with the following questions please!!!! ????

1) what is the probability % that I will be asked to pay the fine on arrival in Rio de Janeiro airport? I have changed my passport since I was last in Brazil, different number, is it possible they will not notice or is this not likely?

2) will there be interest on the original 2017 fine, and if so, how much could I expect to have to pay?

3) I have read that it is possible that, even paying the fine on arrival, you will still be banned from entering Brazil for a further 180 days, is this true?

as with so much in Brazil, everything is so confusing, so any help and suggestions would really be apreciated

muito obrigado a todos!

Chris

Ola, Chris,
In my opinion, the percentage is low as to being banned.
The fine could be $R10.000, but there was a covid grace period that ended I believe in Sept. 2018.
Rio airport is tricky but all agents should be aware of the timing.
Suggest you have all documents required to get married in Brazil (apostilled/legalized) and maybe the Federal background check in hand. Did you register your UK marriage with the BR Consulate? (Doing so helps)
This may go a long way as to entry. Not sure as to the fine though.

Hi

Did you manage to resolve this? I had a similar experience where they completely ignored my print outs showing my 4 attempts to achieve regularisation and gave me the fine anyway. The difficulty is my wife and I are apart waiting for her VISA and i want to visit her but cant afford the fine.

01/25/22

Chris,

I agree with Texanbrazil:

1. You should not be excluded from the country;  you've already been gone more than 180 days.

2. Come with sufficient cash to pay the fine.  However, if they don't bring it up,  don't you bring it up:  if it's dropped off the record, so much the better.

3. If they ask for the fine and interest, tell them in a friendly, cooperative way that you came with enough to pay the fine, but nobody ever told you about interest.  They may let it go.

4. If you've registered your marriage at the Brazilian Consulate, will be in your wife's hometown, and want to register the marriage in the cartório here, you should just need the Certidão Consular from the Consulate and your IDs for the cartório.  If you plan to request permanent residency as well, you'll need the other documents that Texanbrazil referenced.

01/25/22

Hi, George,

Chances of being admitted without paying the fine are slim, if the fine isn't appealed within ten days of being issued. 

You could try contacting the Brazilian Consulate to ask whether there's a process for getting it waived, but they'll probably say "no", if they answer at all.

Hi

So i did contest it pretty much immediately with all of my documentation but its been months now and haven't heard anything back.

From what I know via my wife is that theres like 2 guys working on all these fine contest cases so it super slow.
My next port of call was going to be the consulate over here and see if I have any luck.

ok, thanks to everyone for the replies.

it is all confusing. but i lived in brazil for 3 years so i know how it works. it is also possible that when I arrive they will not even notice.

in fact, as I said before, i have renewed my passport since leaving brazil, so it now has a different number. does anyone know if it is possible they will not register me as it is a different number, or not?

i am not going to get married, or register my marriage in brazil. i live in europe, i was just wondering if, being married to a brazilian, there is a possibility to waive the fine?

in reality, i cannot afford to pay a fine of 10,000 reis to go to brazil for 2 weeks, its imposible for me.

can anyone give me any advice on how to enter brazil but avoid this?

kind regards and thanks again for the help everyone, i appreciate it!

George Higgins wrote:

My next port of call was going to be the consulate over here and see if I have any luck.


Good luck with that.  Sounds like you did some things right.

Come back with enough cash to pay your fine, and you may find that your appeal went through while you were in transit, or shortly before.  As always, if they don't ask and just wave you through, you don't want to say, "But what about my fine from last time?"

If you find yourself in this situation again -- which you should not -- and you can't get into the PF system to request an extension, go down to the office in person, whatever the instructions say online, and ask for it there.  They know that people have a hard time getting into their system; they don't accept that as an excuse, but people who tried and failed usually do get processed if they show up personally.

I have contested a fine back in April 2021, and I got an answer quite quickly, maybe 1-2 weeks after having sent the email. Are you sure that the email address you sent it to is the right one?
Obviously they could be a lot more busy now than last year, but if it's been months, that seems like a long time…

George Higgins wrote:

Hi

So i did contest it pretty much immediately with all of my documentation but its been months now and haven't heard anything back.

From what I know via my wife is that theres like 2 guys working on all these fine contest cases so it super slow.
My next port of call was going to be the consulate over here and see if I have any luck.