Overstay Brazil visa - fine

@Carl Harts

SOURCE: BRAZILIAN TAX CODE

- @BORDERGUARD

@rraypo

DESCRIPTION OF ARTICLE 174 OF THE BRAZILIAN TAX CODE:

174 of the National Tax Code (CTN) sets the statute of limitations of 5 (five) years for the Treasury to file the tax foreclosure. This begins on the date of definitive constitution of the tax credit.

- @BORDERGUARD

05/29/22  I've read the cited chapters of the Brazilian Tax Code, and they appear to me to apply to tax penalties levied by the Receita Federal, and not necessarily to administrative fines from other agencies, like the Ministry of Justice. 

At any rate, I doubt that a foreigner who really likes Brazil is going to stay away from the country for five years just to avoid paying a fine.  If so, I hope it works for you -- but have the money to pay your fine on you when you come, just in case.

- @abthree

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- @BORDERGUARD

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- @BORDERGUARD

Regarding paying the boleto to the federal police I can say this:

08/25/22  Having a Brazilian bank account is a HUGE bonus. This will allow you to transfer from your brazilian account to the federal police boleto account.

Furthermore you can send money internationally to your brazilian bank account (mine is Banco do Brasil [BB]).

The limitations being:

You need to have had a brazilian address and a CPF to apply for a bank account (although there are now various ONLINE banking apps that allow you to apply without a residency).

- @SleepyNik

@Texanbrazil Great answer! Lats take this scenario: I overstay for 6 months and more, so the penalty is 10.000 reais. I'm lazy to pay now when I leave from Brazil. I only intend to return after 2-3 years. When I return, will I have to pay 10.000 reais or is any interest accrued during this time?

@abthree How much do you think is the interest? I have overstayed for a year. so that makes the penalty 10.000 reais. I'm lazy to pay the fine now as I only intend to return after 2-3 years for a vacation. How much do you believe the fine will accrue to?

09/29/22 @Texanbrazil Great answer! Lats take this scenario: I overstay for 6 months and more, so the penalty is 10.000 reais. I'm lazy to pay now when I leave from Brazil. I only intend to return after 2-3 years. When I return, will I have to pay 10.000 reais or is any interest accrued during this time?
-@ganeshsaiss999

Interest accrues, and will be due.  It has been around 1% per month, but may raise as general interest rates do.

Regarding paying the boleto to the federal police I can say this:

Having a Brazilian bank account is a HUGE bonus. This will allow you to transfer from your brazilian account to the federal police boleto account.Furthermore you can send money internationally to your brazilian bank account (mine is Banco do Brasil [BB]).
The limitations being:

You need to have had a brazilian address and a CPF to apply for a bank account (although there are now various ONLINE banking apps that allow you to apply without a residency).

-@SleepyNik

By law, Brazilian brick-and-mortar banks cannot open accounts for non-residents.  This has been true for at least a decade, maybe longer it's just in more recent times, banks are being audited and penalized for this

@ganeshsaiss999

you are looking at a sum of a bad estimation at 15.000,00 to about 20.000,00 or higher.

Hi guys, last year I have overstayed for 15 days due to confusion on my visa year's starting date (I thought it was counting from tje beginning January instead of the first date I ever entered Brazil). I went to the PF office, they told me that my overstay was 15 days. I requested to pay, they gave me a boleto to pay only 170 reais  instead of 1500 reais (they said the first day was 100 reais and the other days 5 reais ).

I don't know if they have changed anything. I paid this in January this year.

10/06/22 Hi guys, last year I have overstayed for 15 days due to confusion on my visa year's starting date (I thought it was counting from tje beginning January instead of the first date I ever entered Brazil). I went to the PF office, they told me that my overstay was 15 days. I requested to pay, they gave me a boleto to pay only 170 reais instead of 1500 reais (they said the first day was 100 reais and the other days 5 reais ).
I don't know if they have changed anything. I paid this in January this year.
-@Duroman

That's bizarre, but sounds like you lucked out.  The PF has wide discretion, and they can do that if they want to.  If you still have the receipt, having it with you is a good idea, but you should be ok.

That was an exception, normally 100 R$ per day.

@Texanbrazil Trying to understand this thread. From what I've gathered  so far there is a new law from 2016 and if we left BEFORE that it does not apply ?

And there is a statue of limitations of how long ?

We left in July of 2015 after staying  2.5 years and it was not possible to pay on the way out. Been nervous about what we may face when we do go back.

Looking for some clarification  or reference to the law. THANKS

@Texanbrazil Trying to understand this thread. From what I've gathered so far there is a new law from 2016 and if we left BEFORE that it does not apply ?
And there is a statue of limitations of how long ?
We left in July of 2015 after staying 2.5 years and it was not possible to pay on the way out. Been nervous about what we may face when we do go back.
Looking for some clarification or reference to the law. THANKS
-@cindylido

Hi and welcome, cindylido,

In 2017 there were many changes in the Migration laws.

Did you have an RNE? I am assuming, not since you raised the issue of fines. If you did have an RNE, you have overstayed the time limit.

Do you still own land and a house?

I could ask many questions, but if you would explain your concern(s) it will help us help you.

We are many here and will be happy to help.

Tex

10/09/22 Hi, cindylido.  There's no formal statute of limitations for immigration fines, but the immigration laws were completely revised effective November 2017, the Polícia Federal systems were updated to accommodate the new laws, and almost all of the old, unpaid fines were deleted.  So it's doubtful that a fine from July 2015 is still on the books. 

If you're planning to return to Brazil as retirees, you'll need a Retiree Visa from the Brazilian Consulate General in San Francisco, which has jurisdiction for Alaska.  Their visa information is here; you'll want VITEM XIV, Immigration Policy (Retirement Visa):

(https://www.gov.br/mre/pt-br/consulado- … sco/vistos)

If your fine is still on the books, you'll be informed of that during the visa process.  It probably isn't, and even if it is, pre-2017 fines were so low that there'd be little to pay anyway, and the current fine schedule is not retroactive.

If you two are planning on spending six months a year or less in Brazil, you can do that on a Tourist Visa/Visa Waiver of 90 days, with one extension permitted for a total of 180 days.  The Retirement Visa is better for living and more flexible, but the Tourist Visa works for regular visits.  Make sure that you pay attention to your length of stay, though:  the fines are much higher now, and the enforcement system is more efficient.  Under the current law, an overstay like that one in 2015 could get you barred from Brazil for a similar amount of time, which would certainly mess up your plans.

@Texanbrazil Thanks Texanbrazil, no RNE, yes we still have house and land. Not sure why you said if we have RNE we overstayed. Maybe you                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 meant if we did NOT ?   

Since 1985 we had been going every year, returning to work summers in Alaska but since we left in 2015 our life has changed. Hubby's health issues forced him to retire , then covid hit, then other issues has prevented us from returning. Meanwhile I am worried the fine is just growing more and more.

Any advice is really appreciated. Obrigada                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

@cindylido

I am trying to figure out what you are asking about and your immigration status. Are one or both of you Brazilian?

You state you have a house. Was it an investment?

If you were granted a temporary Visa (RNE pre-2017) or not.

Any advice is really appreciated. Obrigada                                                                                                                                                                                                                                       
-@cindylido

Good afternoon to you.  Yes, most of our expat and tourist laws changed in the end of 2017. For example, the old RNE is gone, now replaced with the RNM, both a process change and an agency change. CPFs are now very easy to get and depending on where you are going in Brazil and what you want to do, you truly have to have one. For example, you cannot legally activate a cell phone SIM card without having a CPF number, there are no longer tourist cell phones. Today, it is much easier though to obtain a CPF than just a few years back

Can we get you to back up and fill us in with some more detail?

Counties of citizenship, types of visas previously used, how long you wish to stay in Brazil now, both for one trip and per 365-day period, Are you wanting to live in Brazil but do not yet have permanent visas or just come for shorter periods of time? Are Brazilian bank accounts important? Tourists, non-permanent residents, cannot legally have bank accounts any longer in Brazil.

@Texanbrazil We are both U.S CITIZENS. No temporary visa, always came in under tourist visas

@Texanbrazil Trying to figure out if we will have to pay a fine and interest on our overstay . Last went out in July 2015. Overstayed 2 years

@rraypo Hello, not seeking info on visas, cpf's, bank accounts or anything else  , just info on the fines we may have for overstaying our tourist visas by 2 years . That's when we last left in July 2015. THANKS

@Texanbrazil Trying to figure out if we will have to pay a fine and interest on our overstay . Last went out in July 2015. Overstayed 2 years
-@cindylido

Heard from a good source at the time you are speaking of the FIne for overstay was R$8,50/day and max of R$ 850,00.

As mentioned by others it is a good chance you will be ok and no fine

Hi,

I just read trough these comments, because I got a fine for overstaying 7 days (made a calculation mistake..ha) and it was only around 150RS - I was apperantly lucky.

Stupidly, very very stupidly tho.. I totally forgot about it and can not find the paper that I got from customs to transfer the money and I am way overdue. Can someone maybe help me, is there a number/e-mail/something thru which I could get in touch with them (was at Rio Airport GIG).

Thank you!

11/05/22 @SiHo Welcome! I don't think that there's any way for someone without a Brazilian bank account to pay a fine remotely. You'll probably have to pay on your return. Unpaid fines incur interest at a rate of 1% per month. If you can find your document that will be helpful, but the Immigration Officer's computer system will have a record of the fine anyway.

The telephone number of the Polícia Federal office at Galeão is (21) 3398-2227;

The email is:  deain.srrj@pf.gov.br

@abthree Thank you so much for your fast reply, helps a lot!

@SiHo Hello there,

In Brazil, telephone numbers are very very unreliable and a lot of times they do not speak English.

Go to the airport and try to talk to someone. You can resolve your problem there.

Good luck.