90 and 180 day rule

every state is different

São Paulo had 180 over and no penalty. Just get your PR and it unlimited

07/18/23 every state is different
São Paulo had 180 over and no penalty. Just get your PR and it unlimited
-@dedecadaver

It's federal law, not state.  But each Policia Federal office -- and each consulate abroad -- has a certain amount of discretion in how they apply it.

@abthree ...and how they interpret the law...!

@J.V.M.76 Hello

You are correct.

I have been given this same information from 4 different Fed Police stations because I wanted to understand the correct method. This includes with an onsite station for foreigners where i am presently based. Because of this rule I have had 5 months in my preceding calendar year date ( which is my first ever entry) and now in my next 180 day period.

But more, the most important part is that you must leave before your new calender date arrives, then you can come back after that date and restart your next max180 day available period providing your country is in that category or another number of day period. In my case I didn't know this but I did a two week holiday to Colombia a week before my calendar expiry date and came back 10 days after it all by default/ fluke and my new period of 180 days was reset. I was just lucky.

All approved by Fed Police. This is the actual legal rule for tourist visa however most people as I did, only think it is is a rolling 365 day period from a specific first entry date which it is not, 100% it is from your first ever entry to Brasil which becomes a personal calendar date to start a 90 or a 180 day period....

@inthevalley Also the Fed Police computer system will calculate it automatically from the first ever entry calendar date...,

I have US passport. It was explained to me that if you stay 180 days in a 12 month period, you can't come back for 12 months. 90 days every year is fine, but 180 days each and every year is not. Is this accurate?

@Peter Itamaraca Totally Agree!!! I will never forget that Customs in Sao Paulo would not let me enter Brazil with two days left on my Visa,  Took over 2hours and plenty of help to negotiate re-entry.

Roddie In Retirement

08/02/23 I have US passport. It was explained to me that if you stay 180 days in a 12 month period, you can't come back for 12 months. 90 days every year is fine, but 180 days each and every year is not. Is this accurate?
-@surprise074

No, you can take up to 180 days every year. Because of the confusion on this point I've been doing a deep dive into Brazilian Immigration Law to try to understand what the requirements really are. For people not interested or uncomfortable with too much detail, I'll start with some recommendations; see the answer to this specific question under (4.) below. After that, I'll jump down the immigration law rabbit hole, and anyone still interested is welcome to join me.

Recommendations:

(1.) Everybody needs to be familiar with the QGRV, the Quadra Geral Do Regime de Vistos/General Framework of the Visa System, issued by the Foreign Ministry and updated periodically, most recently in March 2023. There will probably be another update around October. This is the authoritative list of how much time each visitor can spend in Brazil based on their country of citizenship, NOT their country of residence, if different, and the foundation of everything else:

https://www.gov.br/mre/pt-br/assuntos/p … -no-brasil

(2.) A citizen of a country allowed to spend 90 days in every 180 days without extension, a group which includes most EU countries, is free to spend 90 days in Brazil, leave for 90 days, then return for another 90 days indefinitely, year in, year out, with no reference to any other requirements except the terms of their visa;

(3.) Citizens of countries allowed to spend 90 days plus an extension of another 90 days for a total of 180 days during every 365 days, a group which includes most of the major English-speaking countries and several EU countries. For those in this group who make frequent brief visits to Brazil, I continue to recommend the rolling 365 day count that we've traditionally recommended on this site. That is, counting your days in-country during the 365 days prior to your current or planned arrival and subtracting that number from 180 to determine the number of days that you still have available. This is a conservative method that will keep you from overstaying, and is especially useful for people who need to be in Brazil frequently for business and can't afford to be denied entry even once. It's also useful for people who have no idea what their "original date of entry" (see below) was.

(4.) Citizens of the countries in (3.) above who stay in Brazil for long periods of time, especially for the 180 days per year that they're allowed. For these people, the "ano migratório"/migratory year becomes relevant. The migratory year is defined in the Law of Migration as the twelve-month period beginning on an individual's original date of entry into Brazil. This is obviously ambiguous -- is it "first arrival EVER", or "first arrival on this visa", or "first arrival on this passport", or "first arrival after twelve months out of Brazil"? The law is silent, but at least some Polícia Federal offices are interpreting it as "first arrival EVER". In this case, a visitor receives up to 180 days on each anniversary of his/her first arrival in Brazil. By this reasoning, someone who arrives in Brazil for the first time ever on January 1 and stays 180 days, then goes home without overstaying, can return to Brazil the following January 1 for another 180 days. (Under the rolling 365 day count, they'd be able to return February 1.)

(5.) Citizens of countries with individual visa plans. Many of these visas are one-visit-only visas. For any multiple-visit visas in this category, it's important to make a note of the migratory year, because extensions within the migratory year will probably not be available.

And now, some legalities.

The first contact that many foreigners have with the Brazilian visa system is with the Foreign Ministry, represented by the Brazilian Consulate in their country. For the Foreign Ministry, the time a visitor is allowed is the time shown on the QGRV, nothing more, nothing less. Easy-peasy.

The next contact is with Passport Control at a Brazilian port of entry, and things start to get complicated. Passport Control is staffed by the Polícia Federal, which is part of the Justice Ministry, not the Foreign Ministry. The Justice Ministry's instructions are to follow the QGRV, but to do it with reference to the traveler's migratory year. Since the QGRV only maps well onto the migratory year for people who make long stays, and most visitors make short stays -- a long stay requires considerable resources, since a person on a visitor visa isn't allowed to work for pay -- this is the source of much confusion. Not usually at initial entry, though, unless a visitor is told that s/he has less time than expected, which is rather rare.

Later, things can get strange. No one who's been counting their days should be surprised when they go to the Polícia Federal for an extension to have the extension denied because they're out of days, but sometimes it happens. More frequently, they're told that they have more days available than they thought, probably because at some point they crossed an anniversary date into a new migratory year, and didn't know it. We've also had reports of overstays being extended at the discretion of the Polícia Federal, then getting a windfall of additional days because they entered a new migratory year. To the extent that there's a bottom line, it's to count your days, but if the Polícia Federal tells you something different, go with their number.

Thank you very much for this information. On a slightly relevant question:

Let's say you are on a student/digital nomad or another temporary residence permit. If you leave before your permit ends, and re-enter as a tourist after your residence permit expires, would you still have 90/180 day limits as a tourist? The days of your residency would not count against your tourist visit in many countries, would expect that it's similar in Brazil.

But I was wondering if anyone has a first hand experience of a situation like this? Any problems entering back to Brazil to have a bit of more time as a tourist, after a temporary residence permit?

08/02/23 Let's say you are on a student/digital nomad or another temporary residence permit. If you leave before your permit ends, and re-enter as a tourist after your residence permit expires, would you still have 90/180 day limits as a tourist? The days of your residency would not count against your tourist visit in many countries, would expect that it's similar in Brazil.
-@rocade

That would be the same in Brazil:  time on one type of visa does not count against another.

Hi. I arrived in Brazil on January 26th. Before my initial 90 days was up, I applied for an extension which was granted for an additional 90 days. I left at the end of June after having used approximately 150 days I total, and after 8 weeks, I would like to return. I have emailed several people for an answer, but does anyone know if I can return for one month and use the rest of my 180 days?

@Caoimhe Clifford Yes, you can.

@peter itamaraca, do you know what that is based on? It won't be up to an immigration officer at the airport on the day? Thank you!

@Caoimhe Clifford You are always at the whim of the Immigration Officer, and he has every right to refuse you if he believes you will not adher to the rules (eg he suspects you might stay longer than permitted). You do not have the right of entry - simple as that.

The same goes for any country in the world - a visa is a privilege, not a right.

Best thing you can do is make sure you have a return ticket that is dated within the period allowed, have sufficient funds to support yourself, accomodation booked, etc.

But as it stands, having not used all of my 180 days, I can enter to use the remaining? Perhaps land crossing is better? Appreciate your help

But as it stands, having not used all of my 180 days, I can enter to use the remaining? Perhaps land crossing is better? Appreciate your help
-@Caoimhe Clifford

Yes. Land crossing will make no difference.

Hi all,

Fascinating topic to read. I'm travelling on a UK Passport and stayed for just under 90 days in Brazil this year (march 31st - june 28th). 

From what I'm reading, am I correct in my understanding that I can return to Brazil at any point for a maximum of 90 days up to March 30th 2024? (which would be ~180 days in 365), then the 180 in 365 resets?

Many thanks,

Lee

08/16/23 Hi all,
Fascinating topic to read. I'm travelling on a UK Passport and stayed for just under 90 days in Brazil this year (march 31st - june 28th).
From what I'm reading, am I correct in my understanding that I can return to Brazil at any point for a maximum of 90 days up to March 30th 2024? (which would be ~180 days in 365), then the 180 in 365 resets?
Many thanks,
Lee
-@lhammondo

Hi, Lee.  That sounds right.

@abthree thank you for confirming

Hi Guys, (I hope you don't mind me posting on this thread also, it appears to be much more recent)

I have been reading this thread and found it very useful, but I had a question specific to my counting of days as I just can't figure out what my best course of action is and wondered if someone could help me please? I am a UK citizen on a UK passport:

The situation is that currently I have spent 73 days in Brasil this year as outlined below:

Arrived first on 28th Dec 2022

Left on 26th February 2023 (61 days)

Arrived on 9th August 2023

Left on 20th August (12 days)

= 73 days

Where I am now confused is what happens next. I am due to travel to Brasil again arriving on 1st October and leaving on the 10th December, totalling a further 70 days. So my question is, will I need to apply for an extension once I next arrive in Brasil as my next stay will take me over 90 days total, or because I have re-entered again, am I able to stay for that time as a new 90 day period without an extension as long as it's not going over my total allowed 180 days for the calendar year (i.e. from 27th December 2022)?

Would really appreciate the advice, many thanks!

David Anderson

08/22/23 @davidandersonproperty.  You should be fine, you're well within your 180 days, no extension necessary. 

@abthree Thank you so much!

@abthree

I am so confused about this 90 + 90 day extension (180 days).  I arrived in Brazil on Sept 24, 2022, received a 90 day extensions taking me to March 23, 2023 (returned to the US on March 21, 2023).  I am American and married to a Brazilian National of 34 years.  This was the 1st time we stayed in Brazil for a long period of time due to the fact that we are now 65 and retired.  We are returning September 28th, is there an issue?  Thank you.

09/24/23 @everaldomartin.  I think that you'll probably be ok, although I'd probably wait until the first week in October to be sure.  Do you know what the first day of your "ano migratório" is?  That would be the anniversary of your first ever arrival in Brazil.  If not, don't sweat it, but it may have a bearing.

@abthree

Thank you.  Nit sure if you received my reply.  My first time in Braxil was over 35 years ago.  It has been 1 year since I I entered - sept 23 2022.  I read that you can re-enter 6 months after your extended 90 day expires.  Is this accurate.    Again, many thanks.

09/24/23   @abthree
I read that you can re-enter 6 months after your extended 90 day expires.  Is this accurate.    Again, many thanks.
        -@everaldomartin

I believe that that is true, but I'm just not positive.

@abthree

My wife is trying to get my visa extended for another 90 days and the federal police are saying we have to provide documents saying i dont have a criminal record and all these other things that will take time over my visa expiration. is this normal?

11/16/23   @abthree
My wife is trying to get my visa extended for another 90 days and the federal police are saying we have to provide documents saying i dont have a criminal record and all these other things that will take time over my visa expiration. is this normal?
   

    -@danielebrian0518

It sounds like the PF think that you're trying to apply for residency on the basis of your marriage, not just to extend your tourist visa.  If you've been in Brazil less than 180 days during the past year and plan to leave Brazil without overstaying, your wife should explain that to them and you should be able to extend.  If you ARE trying to apply for residency, that's a totally different situation and  you'll have to supply all the required documents.

My wife is trying to get my visa extended for another 90 days and the federal police are saying we have to provide documents saying i dont have a criminal record and all these other things that will take time over my visa expiration. is this normal?
   

    -@danielebrian0518

In addition to what abthree stated, what county is your passport from? This will affect your eligibility to even get an extension beyond the 90-days.

@danielebrian0518 If you answer @rraypo's question and it is the United States then it can take as little as a week, however to get my FBI Background check and Fingerprinting I had to fly to Miami, since this is only done in the USA (The FBI is a domestic agency) I did receive my "proof" before I left Miami.

Roddie in Retirement

@abthree This is all very confusing to me and I'm hoping you can give it to me in pigs and bunnies.

For the sake of simplicity, let's say I first entered Brazil on March 1. Is it correct that March 1 is now my own personal Day Zero, my calendar reset point?

I leave on March 4 and spend 2 years away. Is it correct that my Day Zero is now irrelevant?

So two years later I come back on Jan 1 and extend a tourist visa to 180 days. From this point on, and for every subsequent trip, I'm only interested in staying for the full 180 days in one visit. Let's not quibble about days in a month and entry and exit days, let's just say I'm not going to overstay and divide a year in half.

I leave on day 180 (call it July 1). Is it correct that I have to wait until July 1 next year to begin another 180 days?

So 6 months in, 12 months out, 6 months in, 12 months out? (which now I've typed that I see it's what I should have just said in the first place...)

11/18/23 @PunchItBaby  That sounds right to me.  According to your profile, you're British, so  you should be able to have up to 180 days (90 days plus a 90 day extension) in every 365.  After two years out of Brazil, that March date shouldn't ordinarily make a difference.

The "Ano Migratório", which as defined by law would restart every March 1 per your example, does not map realistically onto the maximum visit periods defined in the QGRV, since travel in the real world is so often random.  As a result the Polícia Federal, which in theory is supposed to enforce both, usually enforces the QGRV and ignores the "Ano Migratório".  If you're in Brazil six months, then out twelve, then return for another six, there's no way that the "Ano Migratório" should ever cost you days.  There's an outside chance that, if you happen to go to the PF for an extension around March 1, someone will notice that your "Ano Migratório" is about to re-start, and give you 180 more days instead of 90.  That probably won't happen though, and if it does, it still won't cost you any time if you keep to your schedule.   

@abthree Thanks for the reply. So 6 in, 6 out, 6 in, 6 out is an option?

    11/18/23 @abthree Thanks for the reply. So 6 in, 6 out, 6 in, 6 out is an option?   

    -@PunchItBaby

It is.  Just keep two things in mind:

• Both your day of arrival and your day of departure count as full days;
• "Six months" is often a little longer than 180 days, since only four months have exactly 30 days, so you'll have to be careful not to overstay by accident by calculating in whole months.

@abthree

I rad a lot of your responses on a topic im trying to learn more about, Its about when visiting brazil when does the amount of days reset. from what i understand up until april 10th a person could stay 180 days through a 365 day year. a lot of what i read mentioned 90 days, leave 6 months then another 90 days.. And that the clock resets on your First day EVER in brazil. My first entry is oct3 2022, so that means it resets every oct3?

my question is say you visit say 3 visits in a year you can do that al long as your under 180 days? i dont need to have a certian amount of time between each visit?

other question is for example. i visited for 9 days march2023, then 40 days from sep.26-nov5 2023 and im about to visit for another 40 days. Did the days in march and the first few days in september get wiped clean when my anniversery Entry date is on oct 3, did a recieve a new set of days on the 3rd starting my new year? Either way i know all those days still are under 180.

When i come back again next fall with my new Evisa does my new set of 90 days start on my First Ever Entry date?

Would love to hear back

-Austin

01/20/24 @123agroves.  Welcome.  A US citizen, which your profile says that you are, can enter Brazil as a visitor for 90 days, then extend the stay with the Federal Police for up to another 90 days, for a total of 180 days during every 365 days.  Every time you arrive in Brazil, the immigration system will look back at the previous 365 days and deduct any days you spent in Brazil during that time from the 180 to which you'd ordinarily be entitled, and allow you the balance.  Your record is a rolling twelve months, so on the first day of every month the oldest month of your prior twelve months drops off, and you "get back" any days during that month that you spent in Brazil.  Under this rule, which is the rule represented in the Foreign Ministry's QGRV that the Polícia Federal is supposed to follow, you would get your March 2023 days back on April 1, 2024, your September 2023 days back on October 1, 2024, your October 2023 days back on November 1, 2024, and your November 2023 days back on December 1, 2024.

The "Ano Migratório" rule which calculates from a visitor's anniversary date also exists but is rarely followed, because as you can see in your own case, if a visitor makes several visits of varying length, as most people do, it's easy for this rule to come into conflict with the 180 days in 365 rule.   You can try appealing to it, though, if you're faced with an overstay penalty that you think it would exempt you from.

So yes, you can make three visits of up to 60 days a year and stagger them in such a way that you never use more than 180 days in any 365.  You can also do as you mentioned, and spend 90 days in Brazil, leave for six months, then return for another 90 days with the same effect.  Just be careful to allow for the facts that different months have different numbers of days, and that the day of your arrival and the day of your departure each count as a full day.

As to what will happen with your new Evisa, it's hard to tell.  Normally when people change visa type, time spent on the previous visa isn't counted against them, so if the Foreign and Justice Ministries treat the Evisa as a brand new visa, your previous time won't count.  If they treat it as a continuation of the visa waiver, however, it may, so that would be a good question to ask the Consulate when you get the Evisa.

@abthree

Thank you for explaining this in detail. I've been trying to figure out this information for myself. I arrived on August 27th to Brazil with a US passport and left on September 9th in 2023.

I returned to Brazil on October 25th.  I'm going to the Federal Police in Fortaleza on Monday to request an extension.

I couldn't get an appointment online sooner as the system was down and no phone lines were being answered or emails.. I finally got ahold of someone in the office on the phone and they stated I only needed my passport as a US citizen to extend despite all the requirements listed online. Proof of income residence etc.

I am a little worried about have I already exceeded my 90 days due to my first trip here  last year that was 14 days.

I still don't understand if that counts against the first 90 days or not.

It's also a new year so I don't know if my days reset?

I spent 81 days total in Brazil in 2023.

And I've spent 20 days so far in 2024.

I will see the Federal Police on Monday which would mark 101 days here total between both trips.

Which means I'm 11 days past when I should've requested an extension ?!

Please verify if this is true or if my days restart because it's a new year?

Also I'm engaged and my fiance is a Brazil citizen. We plan to get married before my 90 days extension is up. I'm trying to obtain all the documentation necessary to get married and for me to apply as a Brazilian citizen from other forums I've read I hear the Apostille process is lengthy and can exceed 3 months. Any advise on how to stay here legally while we sort out the paperwork that may take longer than the 90 days that I pray the federal police will grant me on Monday 🙏🏾

In several posts I've read, it seems to say that all time calculated in Brasil is based on passport entries, right?  I have just received my new US passport, and will be returning to Brasil shortly (before 10 April!).  Will my previous entries to the country be found by a search using my current passport number? 

I truly enjoy reading the questions and answers on this site!  They have helped me very much in the past, and at times I feel that I'm talking to old friends. 

Obrigado para todos!

01/20/24 @jeriliving.  No, you're fine.

You only need to request an extension if you stay for 90 continuous days.  If you stay less than 90 days on each visit, the 180 day total time clock remains the same but the 90 day visit clock starts again each time you return.  You won't really need an extension until around January 23 if I'm reading your numbers correctly, so you should have no problem on Monday.  You may not get a full 90 days, though, depending on how many of those 81 days in 2023 have dropped off your record.  Please let us know how it goes.