Vitem-II Visa Overstay 1 day and maximum days per year

Member since 10 September 2018

amizadeMember10 September 2018 16:38:26

Hello,

I am traveling on a Brazil Vitem-II temporary Business visa. I am heading back to the states for 2 weeks and then am planning on returning to brazil. The problem is that I didn't include my day of departure when calculating the days on my Visa. So I am technically staying 91 days. Most things I read on overstaying are all about the tourist visa, but not about the vitem-ii. If all I have to do is pay the fine and they will let me back in, I would rather not have to deal with the federal police for the 1 day extension.

Also, other Vitem-II visas I have seen say "MAXIMUM: 180 days of year" at the bottom. Mine does not have this restriction. It just doesn't say anything about how many days out of the year I can stay there. Only that it is valid for 10 years. It is multi entry and I have made several trips 2 years ago (but I stayed less than 3 months total that year) on this visa. Does that signify anything?

abthree Brazil expert

Member since 28 December 2017

abthreeBrazil expert10 September 2018 19:08:01

6066

amizade

Per your profile, you're a US resident, so I'm assuming that you're also a US citizen. If not, then the length of stay allowed is determined by the agreement between Brazil and your country of citizenship, not Brazil and the US, so what follows may not apply to you.
I used to travel on the (old) VITEM II that you seem to have. Mine said at the bottom:

"Visto valido por 10 anos a partir da data da concessão/
Visa valid for 10 years from the date of issue/
Estada renovável pelo DPF por até 180 dias por ano/
Stay renewable by DPF for up to 180 days per year
Não permite trabalho ou estudo/Not valid for work or study"

Yours is missing the part after the 10 year validity statement?

If you're a US citizen, you're entitled to 180 days, unless there's a special restriction on your visa that shortens that. If I were in your place, I'd go to the Federal Police before I left Brazil and request an extension to avoid any complications on your return, because when you return after two weeks, you'll already be in your extension period. The "clock" on your second 90 days will stop when you leave, and start again when you return. Or, if you want to risk it, you can just leave and return as planned, and hope that you'll be admitted on your return. If you are, that will probably count as your renewal.

Your trips two years ago will not count against you now. Your days are counted on a rolling 365 day basis, starting on the date of your most recent entry, as long as your were out of Brazil for at least 365 days before that arrival.

amizade Member

Member since 10 September 2018

amizadeMember15 October 2018 22:40:20

Just an update to this situation.

When I left through GIG in Rio, there was a very long line for outgoing immigration (it took about 45 to pass).

When I got to the counter, the guy stamped my book, then an alert came on his computer, he then basically tossed my passport to me and grabbed the next person's passport. Didn't say a word to me. The alert could have been the notification of an overstay and he was just to busy to care about filing the paper work for being past 1 day, or it could have been nothing.

I was able to return without any problems and without having to pay anything. Anyways, I'm back in brazil for another 90 days.