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Overstay Brazil visa - fine

Last activity 29 April 2024 by thetravelfox

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Cakinator

As for me, I didn't overstay.  I started applying for the extension weeks before my days were up.  Then was told I have to come back a few days before.  Basically, you have to be in default for them to give you an extension or really close to it.

I just kept going to the Policia Federal.  Somewhere in this thread, I believe, I explain what happens.  Basically, you fill out a form that you get from them, if eligible (I don't remember the name), pay a fee, then you have to (at least in Curitiba) get the receipt of that fee printed.  We did that the same day.  Then show them the receipt then they restamp your passport.

I didn't really apply for the extension first, so to speak.  My initial intent this visit was to enter into a civil union with my boyfriend.  However, that department didn't accept my birth certificate.  So, while I've been attempting to get a new one, I started looking into applying for an extension.  Then during that was told the nomad visa existed.

Pukapi

Hi everybody! I recently was at PF, who was super kind to answer ALL the questions about this portaría and potential overstay. BTW got permanent residence!:)

Concerning overstays: the last portaría waives the fine only for those who
Overstayed( obviously)
Applied for residence
Received an appointment( filled in migranteweb form) before 11 of March 2022
Has an appointment itself for the dates 15/03-15/09
Have had all the documents ready before 11of March( they will check this only when they see you15/03-15/09, so if you come, let's say 31 of March, and you miss some document or translation or apostille or whatever they assume you didn't have it on 11 of March and you are srewed up, it means you need to obtain protocolo from the first try)

Or will be fined 100/ day, maximum 10 000.

abthree

03/28/22

Pukapi wrote:

Hi everybody! I recently was at PF, who was super kind to answer ALL the questions about this portaría and potential overstay. BTW got permanent residence!:)


Congratulations!

Two questions that may be helpful to others:

1. On what basis did the PF grant you residency?
2. Which PF office in which city handled your request?

Pukapi

According to pf those rules/portaría apply for any  residence in any part of the country its sort of federal law.
I was writing as I met lots of people who were like " new portaría is out we can apply any day before 15 of September".. no you don't:(

bianca0067
Hi,
I overstayed my visa for 180 days (back in 2011) and when I left they told me to pay next time I enter. I am going back to brasil next week...is there a possibility that the fine is forgiven after 11 years?
Texanbrazil
bianca0067,
Anything is possible. Eleven years and pre 2017 law change, who knows? Did the many computer systems changes, clear old overstays?
We sure would enjoy hearing from you on return. Interesting situation.
11 years, prior to 2017, and what about the fine?
All the answers could help many.
essxiv

@English Penguin Did they let you take cash at the airport? Or use your card from your country's bank?

English Penguin

@English Penguin Did they let you take cash at the airport? Or use your card from your country's bank?

- @essxiv
Hey, so it never got that far believe it or not. They straight up refused to let me pay on my exit and instead insisted that we pay on my return, completely failing to tell me about the interest that would be applied! I paid mine as a boleto at the end of it all though, but that was given to me by the boarder agent and I was then allowed to travel to a bank in Brazil to pay. I was very lucky that the agent believed my story and she let me into the country legally without paying the fine first with the purpose of paying said fine!

essxiv

@English Penguin Funny, my friend who is from Sao Paulo went to the Airport GRU policia federal yesterday and told him I need to pay my amount on arrival next week. And it would just be that amount, no interest included.

English Penguin
Definitely seems like mileage may vary on this, but I believe the interest is added monthly? It might be true that if they pay be next week nothing will be added to the original amount.
abthree
04/11/22 Interest on Unpaid Fines

The law isn't entirely clear on this, because there are two conflicting rules, but the simpler one that the PF seem to be using is 1% per month/12% per year.  I'd arrive ready with that in addition to the amount of the fine; if they don't ask for it, so much the better.
Sean Lu
I got the following problem. So, i will leave on the 28th of april. By then i will have overstayed 14 days= 1400 reais to pay. I would like to get very early at the airport to go to the border police and get my fine and then pay it at the bank. The problem is, that my flight is at 10:25 am.  Most banks dont open before 10 am. Any chance i can pay my fine somehow, without it getting endlessly higher? Cause I dont have a clue when i will be able to return to brasil.  Would it be possible to already pay it today the 27th?
Texanbrazil
The RF payment widow should be open at 9. Depending on the airport some have banks (Cambio) windows open. GRU has Safra 
Sean Lu
Iam flying from GRU, that should help. Planning to be at the airport at 7am. Thank you.
Texanbrazil
Think about paying the day before when you are not in a rush. Payment should be goo for 24 hours.
Miguel Sánchez
@Sean Lu yes you can go to the PF anytime and they will do this for you. I'm not sure how appointments work in Sao Paulo but I imagine they will accommodate you to allow you time to pay the fee.

Some good news I paid the fee for a an overstay of 50 days at the end of March and they have reduced the daily rate to just 25 reais per day. If you come from an underdeveloped country it's even lower at just 5 reais per day. This was in the northeast of Brasil. I was told to pay and leave within 60 days or the fine would be doubled and interest added.
Sean Lu
I thought maybe they wont accept it when its not on the same day. Just to make my life more complicated. But yeah it would be great if i could solve it today already.
Sean Lu
and i guess i need to go to the one at the Airport right?
Miguel Sánchez

@Sean Lu I believe it would be the one at the airport, usually the PF have an immigration division but I don't know for sure about Sao Paulo. For sure you can present your passport at anytime to stop the clock on your overstay. Go there today and explain your flight leaves early tomorrow if they give you any pushback

Sean Lu
@Miguel Sánchez

that would be great. But I rather count on the 100 Reais per day. Havent heard of any change of their policy, so maybe you encountered some nice agent.  Lets see what happens today/tomorrow :)

And thx for the advice guys. This forum is really helpful.
Miguel Sánchez
I am currently nearing the end of the 60 day grace period to leave the country I was given for overstaying my tourist visa. However I am entering the process to apply for residency as my wife is a Brazilian national. Until now however I have been unable to obtain an appointment at the federal police station where I am residing. They don't use the online booking system at this particular office they use whatsapp as their official booking system. Yes, WhatsApp!

I have tried numerous times through WhatsApp without response from them, I have called to the station twice and no progress, just told to wait for a response on WhatsApp. I got talking on the interfone to a PF agent the last time and I explained that I only have a couple of weeks left on my 60 day grace period before I have to leave. I asked if I would be fined again or have the fine doubled if I'm delayed because of the delay in me getting an appointment to which the agent said no I wouldn't. When I asked for written confirmation of this the agent said she couldn't and can only communicate through the interfone.

I'm weary of recieving information like this where I have no proof that I was given information x at a given time and date. Has anyone here had a similar experience with a delay in getting an appointment but not being liable for a fine for overstaying?

Any help or advice is appreciated!
Texanbrazil
GRU has a large presence of Migration section and agents.
Sean Lu
But unfortunatley employees there like to f*** foreigners. Was there at 7:30am , waited 1,5 h until someone responsible came but only so the guy i was waiting for told me there is no way i will receive a boleto to pay. I told him that this doesnt make sense and that I know other people that could very much do it with a boleto, but he just repeated his text. I got a bit louder and thanked him for nothing, but what can you do. So for those that want to pay like me before leaving the country it might be advisable to try at one day before at another PF than GRU. Or you might be lucky and get an agent who hands you out a boleto there. All very random. The only thing iam lucky about, is that its only 12 days overstaying, so hopefully  I can make it to Brazil next year and by then my fine didnt grow that much by then. When i was leaving at the security check the women didnt mentioned anything about my overstay, but she went briefly to the PF office and probably everything was marked in the stamp accordingly 1f644.svg.
Texanbrazil
@Sean Lu,
Sorry about the wait. You have to keep in mind you are not the only one needing assistance. Having broken a law may cause issues. I have stated in another post the MJ asked agents to enforce the many overstays in their weekly meaning.
Good luck
rraypo
The online system does work just not in the way you might like.  As appointments become available they open them which may well be one at a time and the first person to see it, gets it.  Yes, that means you have to live on your computer trying to get one or hire someone, a professional, which I did.

I have found the PF to be professional and just doing their job as most people simply do. Many years back, when I first got my CPF, I had to go there. A year ago, I had my RNM appointment, along with a few other visits since at their offices in SP, and have always been treated well. They are always very busy, with lots of people like us all in need.
Sean Lu
@Texanbrazil

I can understand the wait. I can understand that there is a consequence of overstaying. What is hard for me to understand is that if there is that law to pay 100 reais per each day overstaying and there obviously is an easy enough way to pay that fine before leaving the country, why arbitrarily denying that option to some out of whatever reasons (making more money or just not feeling like doing that work). I would not say Brazil is better or worst in that aspect than other countries. But this randomness definitly sucks. Let people pay their debts, easy as that.
Mikeflanagan

*reply to an old post

Mikeflanagan
@Texanbrazil

I can understand the wait. I can understand that there is a consequence of overstaying. What is hard for me to understand is that if there is that law to pay 100 reais per each day overstaying and there obviously is an easy enough way to pay that fine before leaving the country, why arbitrarily denying that option to some out of whatever reasons (making more money or just not feeling like doing that work). I would not say Brazil is better or worst in that aspect than other countries. But this randomness definitly sucks. Let people pay their debts, easy as that.
- @Sean Lu

In most cases this is a tradeoff for staying past your visa time without the proper channelling. So while they dont hunt people down to kick them out of the country - Easier to go this method as its easier to get peoples attention at the wallet.
PortugueseBird
Hello everyone,

I hope everyone is well.

I have read the entire post and unfortunately my situation doesn't fit in tha majority of comments here as i haven't yet overstayed in brazil.

To be brief I have 2 passports from different european coutries and with my portuguese passport i stayed 177 days in brazil wich means that i still have 3 days this migratory year if i understand correctly.

I wanted to enter brazil in mid May with my other passport but im starting to think that they will link both passports and that they will see my portuguese tourist Visa. I guess it would be a matter of luck but it won't be worth risking as you will understand below :



I entered brazil the 29 of May 2021 and left the 1 of August 2021

I then re entered the 15 of September of 2021 and left the 6th of January 2022 (i didn't overstay as i made a request for my tourist visa extension until 9 of january 2022).

So i have 3 days remaining and i will postpone my flight as it would be stupid to risk overstaying for just a couple of weeks.

But my question is Can i enter the 28 of May ? or does it need to be the 29th ? it does make a big difference for me. I really want to understand if i can enter the 28th or if it needs to be the 29th (taking in account that i still have those 3 days ?



Thank you very much in advance for your help and for sharing your experiences
English Penguin
Hello everyone,

I hope everyone is well.

I have read the entire post and unfortunately my situation doesn't fit in tha majority of comments here as i haven't yet overstayed in brazil.

To be brief I have 2 passports from different european coutries and with my portuguese passport i stayed 177 days in brazil wich means that i still have 3 days this migratory year if i understand correctly.

I wanted to enter brazil in mid May with my other passport but im starting to think that they will link both passports and that they will see my portuguese tourist Visa. I guess it would be a matter of luck but it won't be worth risking as you will understand below :



I entered brazil the 29 of May 2021 and left the 1 of August 2021

I then re entered the 15 of September of 2021 and left the 6th of January 2022 (i didn't overstay as i made a request for my tourist visa extension until 9 of january 2022).

So i have 3 days remaining and i will postpone my flight as it would be stupid to risk overstaying for just a couple of weeks.

But my question is Can i enter the 28 of May ? or does it need to be the 29th ? it does make a big difference for me. I really want to understand if i can enter the 28th or if it needs to be the 29th (taking in account that i still have those 3 days ?



Thank you very much in advance for your help and for sharing your experiences
- @PortugueseBird


Two passports doesn't mean you can have two tourist visas, and to my knowledge, that applies to anywhere you may visit in the world (officially). Both passports will 100% be linked to you in the system and they will see you've already spent time here.
abthree
05/03/22 @PortugueseBird. It's my understanding that you need to count days, but your calendar in the system updates by month.  So your days from May 2021 don't drop off on either May 28 or May 29; they drop off June 1.  To determine how many days you have available, look back at the 365 days prior to your next planned arrival date, count the number of days you were in Brazil, and subtract that number from 180.  Just eyeballing the time you've written above, it doesn't look to me like you get 90 days back until November 2022.

But are you certain that Portuguese citizens have a 180 limit?  My impression was that Portuguese and Brazilians could spend unlimited time in each other's countries, but maybe that's only true if Equality of Rights has been formally invoked.  A good question for the PF before you leave.
PortugueseBird
@English Penguin

Thank you very much for the clarification, it is logical that in an Official country they are able to link the passports. I guesse i lived in a james bond movie in my head.

Regarding the Migratory year do you know if it renewes The 29th may of 2021 to 29th may of 2022 or the 28th may of 2022 ?



Thank you very much and sorry for pressing this, as I need to postpone my Flight.
PortugueseBird
@abthree  Well from my understanding i tought i was able to re-enter after 1 migratory year entry. Now i am very worrried.......

Well as a portuguese i am able to spend 180 days in a migratory year, i indeed assume we have the same rights but we are not allowed and braziliaan people are not allowed to stay during an unlimited time in Portugal nor are we in Brazil.

Now that you indicated how you would calculate my next entry date i am worried... unfortunately i tried calling the Policia Federal and the brazilian consulate in Portugal but no one answers.

I guess i will try to speak with some sort governement body in brazil to better understand when exactly i can enter.



Thank you very much for the information provided.
PortugueseBird

@abthree Currently trying to call every number i have and no one answers... gotta love it.

In the meantime this is the information that i have found :

So technically worst case scenario is that i need to wait 180 days after i left brasil :

" 
3) Permitted length of stay for TOURISTS and VISITORS without a visa or with a VIVIS
Citizens of the EUROPEAN UNION are allowed to enter Brazil VISA FREE for a maximum stay of 90 days within a period of 180 days.
The 90-day period begins to count on the date of first entry and is NOT extendable.
This means that:
- multiple entry and exit is permitted within the period of 180 days (multiple entrance), but the permitted total length of stay of 90 days must not be exceeded; accordingly, the counting of the 90 days is interrupted in the case of a temporary departure from Brazil within the 180-day period.
- after a stay of 90 days in a row, the departure must definitely take place; only after 90 days of stay outside Brazil, re-entry is permitted again;
Exceptions: This regulation does NOT apply to citizens of Croatia, Portugal, Poland, United Kingdom and Ireland (see below -> extension of stay is possible)*.

"



abthree
05/03/22 @ PortugueseBird.  That 90 day/no extensions rule only applies to EU citizens whose countries did NOT have an agreement with Brazil before the EU agreement was reached; as you noted, Portugal is one of the exceptions that can get extensions, but are measured on a 365 day basis, not 180.  This table provides the authoritative guidance, and is updated periodically by the Foreign Ministry:


Countries with an asterisk (*) in the third column fall under the EU rule.
BORDERGUARD
90* MEANS 90 DAYS OF STAY IN EACH PERIOD OF 180 DAYS... ARE APPLIED TO COUNTRIES THAT DO NOT EXTEND BRAZILIANS' STAY ABROAD OR DO NOT GIVE 180 DAYS OF STAY TO BRAZILIANS...
BORDERGUARD

FINES APPLIED FOR MORE THAN 5 YEARS AND UNPAID... ARE AUTOMATICALLY FORGIVEN...

BORDERGUARD

FINES APPLIED FOR MORE THAN 5 YEARS AND UNPAID... ARE AUTOMATICALLY FORGIVEN...

Djameel
Hello BORDERGUARD,

Do you have an online official source to support this information?

Thank you

Djameel
Expat.com Team
Carl harts
@BORDERGUARD

I never heard such a thing... Where is your source? I personally wouldn't over stay without the proper extensions or paperwork such as restoration after 180days...

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