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Can you stay longer than 180 days on business visa

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Adityasingh5099

Hi everyone, I'm Aditya I came to Brazil in the first week of October on business visa in 2014 and now it has been six months since, I have already taken an extension from federal police department in this period my visa expired on April 4th 2015 but my lawyer said that you can stay for another 90 days grace period and have to pay a 800 reais fees within this period to the federal police department, is it true or should I pack my bags

James

The overstay fine is R$8.28 per day, capped at 100 days (or R$828). You have to go to the Federal Police before your visa expires to request an extension, so it's too late now. Since you've already had one extension you cannot get another anyway and you are subject to the fine for every day that you remain in the country. Also, if you are stopped by police in Brazil for any reason, you are required by law to produce ID. If that should happen at any time the police are OBLIGATED to take you to the Federal Police immediately. They will give you a maximum of 8 days to leave the country voluntarily and should you fail to do so they would initiate deportation proceedings. My recommendation is that you cut your losses and leave Brazil as soon as possible, paying the least amount of overstay fine you possibly can.

Cheers,
James      Expat-blog Experts Team

Adityasingh5099

Thank you so much, however I have pending business and is there anyway I leave brasil and come back in a few days. How much time will It take if I apply for work visa and will there be any problems in getting it now that my current visa has expired. Ill be obliged.

James

No, once you leave Brazil after paying the required overstay fine, you cannot return on the same business visa because you've already exhausted the permitted total of days in this country for the year.

You cannot return to Brazil on a VITUR Tourist Visa and work or conduct business in this country either, since this is not permitted under the visa category. The consequences of this is also deportation.

You have only two options, either you leave the country and pay the fine wait the required time to be entitled to return; or you remain in the country still in an overstay condition risking arrest and deportation, in which case you could never return to Brazil in the future. I don't know what kind of "pending business" you could possibly have that is worth taking that kind of risk.

While Brazil may have a very lax approach to some regulations they do take some of them very seriously. It amazes me just how many of our new members get themselves into extremely difficult situations through their own doing, or through not bothering to find out the laws and comply with them. Then they join Expat-blog and post looking for someone to wave a magic wand and make things better. That just can't be done.

Perhaps you feel that you can't leave now, but doing otherwise would be extremely foolhardy. Just what is going to happen to that pending business if you should be prohibited from ever entering the country again? Do you have someone that you can absolutely trust to keep in going? I hardly think you'll find someone like that in Brazil.

Sorry, there is nothing I can do to candy coat the news, it is what it is.

Cheers,
James      Expat-blog Experts Team

Adityasingh5099

Thank you I have taken your advise and booked a ticket back to my country, I have to be honest and say I was a bit ignorant about the 180 days rule but I don't want to take any chances and find out so thank you again for helping you made my decision easier, I will come back after a year as I like this country very much.

James

Yes, to do business (yourself) in Brazil you require a VITEM-II Business. It allows a maximum stay of 180 days per year in Brazil. Initially a 90 day stay that can be extended by 90 days each year. However it does not permit you to actually WORK directly (not even as a consultant) for a Brazilian company and be paid by them.

In order to work in Brazil you require a confirmed employment contract with a Brazilian company and must apply for a VITEM-V Work Visa.

Cheers,
James     Expat-blog Experts Team

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