Tourist Visa Stays in Brazil - 180 days per year maximum

Hi, I'm just wondering what happens if you only use say 140 out of the 180 days allowed in the 1 year period but want to go back a few months after that 1 year is over. I first went to Brazil in September 2013 for 29 days and I am going back in March 2014 for around 100-110 days which brings my total to a MAXIMUM of 139 days. I want to go back in December for a month, will I be able to do this?

Thanks for any help!

you can go back for 90 days and you want longer you need to go to Federal Police to apply for an extension

and yes you should be able to go back in December

Yes yes I know about the extension. Thank you. I was just trying to get confirmation I could still go back in December if I don't use up all my 180 days

Hi Stephen,

Just remember the count is not done on a calendar year, but rather on a "rolling" year. They count back 365 days from your day of entry and then count all the days you've already been in the country during that period. If you've been in the country for 140 days in that one year period you can come back, but would only be entitled to stay for 40 days.

Cheers,
William James Woodward, Expat-blog Experts Team

Thank you for the reply. I get all that with the rolling year and everything. What I'm asking is, is if I only use up 140 days in the one year from September 2013 (when I first entered) to September 2014, can I still use those 40 days in December 2014?

Yes you can

Sorry if this is redundant, but I want to make sure I'm calculating my days correctly. I entered Brazil on a US passport on Feb. 11 with the intent of staying for 6 months with one short trip out in June. If I stay from Feb. 11 to June 15, that would be 125 days. I then want to re-enter Brazil on June 19 and stay for another 40 days, totaling 165.

My question is, if I apply for a 90-day extension after my initial 90 days in Brazil, will I be able to leave Brazil after only using some of those 90 days and then re-enter to finish them up? Or would it be better to fly to BA for a couple days after the initial 90 and re-enter with a new 90-day stamp?

Thanks!

Lydia

Actually what you should do is request the extension of the first 90 day stay for ONLY the number of additional days you actually need including the day of departure for your trip. When you return to Brazil following the trip they will restamp your visa and you will then be able to stay for the balance of the 180 day limit. They will calculate the number of days remaining and tell you exactly when you must leave the country. Just don't forget to always count arrival dates and departure dates as full days in the count, this is very important to keep your count accurate.

It's better doing it this way, since I've heard reports that some people have just gone ahead and requested the full 90 day extension, taken a short hop out of the country and had some minor problems getting back in. Some of the Federal Police at the airports aren't really on top of things and they might hassle you about coming back in, especially if you arrive after the final date stamped on the "prorrogação de estada" in your passport. Better to avoid a problem before it happens than to try and fix it afterwards.

Cheers,
William James Woodward, Expat-blog Experts Team

Hello
If I have understood everything correctly, each time when I enter the Country counting the 90 days new?

For example. I would stay 2 months in Brasil and than after this i will leaving for 1 or 2 weeks the Country and than againe 2 months in Brasil....... till 2015/2016.

My goal is, in the year 2015/16 to establish a company (subsidiary of a Swiss company).

Thanks for the feedback
Ernesto

No, when you enter Brazil on any Schengen Area passport under the Schengen Area Agreement you are allowed 90 days (three months) in a six month period. You can not extend that stay so essentially from your very first date of entry you're allowed 3 month in Brazil which must be followed by three months outside the country, then 3 months in Brazil again followed by 3 months out, ad infinitum.

Also you would not be permitted to work while in Brazil, that would still require you to apply for a VITEM-II Business Visa as far as I'm aware.

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks for the advice. You've been a huge help!

US citizen with a 10yr, 180 day maximum per yr, Brazil tourist visa.  Current stay in Brazil will be 99 days.  Went to the Policia Federal and requested a 11 day extension in order to avoid the 90 overstay fines and Big ugly stamp on my US passport. (Do not want any problems when I enter other countries.) Got a 90 extension set to expire on Jun 17, 2014.  Past replies have me confused.  Will I be able to return after Jun 17, 2014 and use the remaining 81 days?  Or did I shoot myself in the foot by getting the extension?  If so, do I have to wait til next year to return and / or do I need to get a new tourist visa? I'd like to return in August or Sept of this year.  Thanks in advance.

Hi M Vago,

Like everything else about the bureaucracy in Brazil it appears that nobody actually knows what they're doing even though they occupy positions of authority.

There have been several conflicting reports of how tourists have been received by Federal Police after having obtained a 90 day prorrogação de estada (extension) and only used up part of it.

As far as I understand the legislation the calculation of your 180 day entitlement in a "rolling" year SHOULD be based strictly on the entry and exit stamps in your passport and not on the date to which a given stay was extended.

That said, I have heard from members that some Federal Police agents have given them a hard time on this issue. I'd suggest that you point out the early departure to the Federal Police agent when departing Brazil, explain that you'd like to return to use up some/all of the remaining days at some point in the near future and see what information you get from him or her.

Like I've always told everyone, when it comes to the Federal Police you can ask the same question of 10 different agents and likely get 10 different answers. So, the best I can do is give an educated guess regarding how I read and understand the law.

Good luck!!!

Cheers,
William James Woodward, Expat-blog Experts Team

Hi, I recently attempted to extend my visa for an additional 90 days but I was rejected by the federal police.

I entered Brazil for 24 days the left for Argentina/Uruguay. Upon my re-entry the immigration office stamped my passport and wrote '30' for 30 days on it, I had no idea as I had no confrontation with the office nor did he say anything. So I continued my travels assuming that I still had 66 days remaining on my Visa.

When I went to extend my visa, which I though was going to be a formality as I had all the paperwork done they hit me with a fine for 27 days and a notice that I had 8 days to leave Brazil before I would be deported. Therefore, my questions are as follows:
1. If I stayed, would I just pay a fine or do you think there will be additional consequences because I was issued a notice?
2. Is this notice logged on to a database against my name or is it just a piece of paper that the feds hand out?
3. Would I be able to fly domestically in Brazil after the 8 days or will alarm bells go off when I check in?

According to them I have been illegal for 27 days, which I still don't agree with, but that doesn't matter I guess. My only worry is this notification to leave 'Termo de Notificacao', how serious is it? Is it linked to other databases when checking in?

As you can understand I am stressing out as I thought I had done the right thing but was oblivious to it all.

Appreciate your help!

Hi Adasal,

If you pay the fine there are no other consequences in Brazil, unless you disobey the order to voluntarily leave the country within the 8 day period given.

You will obtain a really ugly overstay fine stamp in your passport which, if you plan on travel to other countries that would require applying for a visa might cause problems for you in the future. Some countries may use that overstay here as an excuse to deny you a visa. Like the old saying goes, every action has an equal and opposite reaction.

Your overstay gets registered in the Federal Police database SINCRE (Sistema Nacional de Cadastro e Registro de Estrangeiros) and since you are required to produce your identification (i.e. travel documents) for domestic flights you may well have big problems if you're still in Brazil and take a flight after the 8 days has expired.

Regarding your VITUR Tourist Visa, what country's passport are you using? Australia? Check the  visa for "Prazo de Estada/Duration of Stay" that is what determines how long you can remain in the country at any given visit without extension.

If you're using another nation's passport that is exempt under the Visa Waiver Program (VWP) and you just got an "airport visa" as we refer to the stamp on your passport then you're allowed only 3 months in any six month period from the date of first entry. Essentially 90 days in Brazil followed by 90 out, 90 in and 90 out.

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks for your reply.

This is really bad news! I have done nothing wrong and played by the rules 100% yet the interpretation of the officer is killing me. Yes I am travelling on an Australian passport and am in no way ready to leave.

Do I have any other options other than to leave?
Eg: 1. go to another country, pay the fine and try and get a visa back?
2. Stay and don't catch any flights? If I choose this options I will have dramas when I leave won't I?

Kind Regards

If you go to a neighboring South American country you won't be able to get back in, since you'll need to present your passport upon trying to re-enter.

If you overstay once you've been given the official notice to leave, then you'll have to be looking over your shoulder 24/7. If they catch up to you it's immediate deportation and you may likely not be able to come back to Brazil in the future.

Imagine you're riding (as a passenger) in a friend's car. He gets stopped in a roadblock checking for drunk drivers. Police here won't just ask for his ID, license and registration. They make EVERYBODY produce ID and the law requires everybody to carry ID and produce it on demand. For foreigners in Brazil that means their travel documents (passport). Same with some crime taking place, the cops show up and shut the place down, nobody in and nobody out, everybody gets identified. If you're visa is expired they are required to take you to the Federal Police immediately.

Also you'll need to live in constant fear of some Brazilian who wrongly thinks they can get a reward for turning you in. They don't but it's an urban legend here.

I really feel sorry for you, but in your situation there isn't a solution.

Cheers,
William James Woodward, Expat-blog Experts Team

M Vago wrote:

US citizen with a 10yr, 180 day maximum per yr, Brazil tourist visa.  Current stay in Brazil will be 99 days.  Went to the Policia Federal and requested a 11 day extension in order to avoid the 90 overstay fines and Big ugly stamp on my US passport. (Do not want any problems when I enter other countries.) Got a 90 extension set to expire on Jun 17, 2014.  Past replies have me confused.  Will I be able to return after Jun 17, 2014 and use the remaining 81 days?  Or did I shoot myself in the foot by getting the extension?  If so, do I have to wait til next year to return and / or do I need to get a new tourist visa? I'd like to return in August or Sept of this year.  Thanks in advance.

wjwoodward wrote:

Hi M Vago,

Like everything else about the bureaucracy in Brazil it appears that nobody actually knows what they're doing even though they occupy positions of authority.

There have been several conflicting reports of how tourists have been received by Federal Police after having obtained a 90 day prorrogação de estada (extension) and only used up part of it.

As far as I understand the legislation the calculation of your 180 day entitlement in a "rolling" year SHOULD be based strictly on the entry and exit stamps in your passport and not on the date to which a given stay was extended.

That said, I have heard from members that some Federal Police agents have given them a hard time on this issue. I'd suggest that you point out the early departure to the Federal Police agent when departing Brazil, explain that you'd like to return to use up some/all of the remaining days at some point in the near future and see what information you get from him or her.

Like I've always told everyone, when it comes to the Federal Police you can ask the same question of 10 different agents and likely get 10 different answers. So, the best I can do is give an educated guess regarding how I read and understand the law.

Good luck!!!

Cheers,
William James Woodward, Expat-blog Experts Team

FYI:  I left Brazil after 99 days.  The female Policia Federal stated I was entitled to 180 days per year, and thus I would be able to return and stay the remaining 81 days this year.  I'll find out if they let me in when I return in the Fall.
Thank you
M Vago

Hi M Vago,

Thanks for the update. I wish you luck and hope you'll get the same agent from the Federal Police or one who's just as courteous as her when you return. At least she knows the way the count is SUPPOSED to be, wish they all did.

Please post a quick reply on this same topic when you do come back to let us know how you made out. It will be extremely helpful information.

Cheers,
William James Woodward, Expat-blog Experts Team

Hi i am in Brazil on a 90 day tourist visa from the UK and i want to extend it for another 90 days. On my 85th day in Brazil i am going to foz do iguacu and am going to cross the border into argentina and then come back into brazil. Will this renew by visa by doing this?
Thanks

Hello faye25,

Much better that you go to the Federal Police (Dept. de Estrangeiro) a few days before that and request a visa extension "Prorrogação de Estada" for the additional 90 days. It's easy enough to obtain. While UK passport holders can extend their stay to 180 consecutive days unlike Schengen Area passport holders who only get 90 days in every 6 month period, once you leave Brazil you might have to wait 3 months to get back in just like Schengen Area citizens. Many Federal Police agents are not familiar with the system and legislation so mistakes often get made. You're better off to prevent a problem then to try and cure it afterwards.

Cheers,
William James Woodward, Expat-blog Experts Team

Hello thanks for your response,
If i renew my visa at the federal police before hand will i still be able to visit argentina for the day and be allowed back in? Also i have been reassured by the travel agent that if i go on a day trip to argentina there will be no trouble be let back into Brazil.

As long as your visa is within its validity period (with the extension) you should have absolutely no problem re-entering Brazil.

The problem that MIGHT happen is if your were trying to re-enter with the old visa unextended. Let's say that you were to leave on the 90th day, the day your visa was due to expire, expecting to just come back within a day or two, get another stamp in your passport and be all set to go for a further 90 days. Well, not all entry points have computers that are working, some don't even have them at all so Federal Police agents are often left to do complex calculations on their own. They are also very unfamiliar with the laws they are charged with enforcing so there are as many different interpretations of the rules as there are cops. So you get to the check-in and the Federal Police agent says, "Oh, but you've used up your 90 days, now you have to wait 3 months to come back in to Brazil." What would you do then? That happens a lot, simply because the Federal Police just don't keep up to date on their own rules and the law!

Cheers,
William James Woodward, Expat-blog Experts Team

Hello William

Sorry to bother you with the same questions already asked, but I read through all the pages and I'm still not 100% sure on the topic in my case. I'm from S. Korea, which has that visa exemption program with Brazil, so I'm allowed 90 days here with just the stamp on my passport.

A) What I need to make clear is, after I go back to Korea on August, having spent 180 days in Brazil (I plan to ask for an extension of 90 days next month), will I have to wait 270 days to come here for a 90 days stay (with no possibility of extension on this return)? And if I do want to stay longer (180 days, with the extension), I'd have to instead wait for 365 days?

B) If I leave the country in the middle of the extension for let's say 1 month, do I get to add this same extra 1 month period to my stay in Brazil?

C) Does this 180 days every 365 days apply to student visas as well? For my next return (after spending 180 days in Brazil), I am probably getting a student visa; could I come straight away after obtaining one or the same rules apply?

Sorry for being to confusing or asking the same stuff again.

Leo

Hello ylp89,

No, you're confusing a VITUR Tourist Visa visit with a VWP visit, they are quite different.

Visa Waiver Program visits are limited to 3 months in any 6 month period and with exception of the UK passport holders, cannot be extended to run consecutive. Essentially you get (from the date of your first entry to Brazil) 90 days in Brazil, which must be followed by 90 days out of the country. Then you can return for a further 90 days and again must be out of the country for 90. Ths will go on indefinitely.

You are entitled to 180 days each year as is everyone, but they count them completely differently.

Cheers,
William James Woodward, EB Experts Team

Hi William

Thanks for answering quickly, but I don't know if you or I misunderstood each other! I'm afraid it works differently for South Koreans, or maybe it's all just too confusing, because I didn't find any info about a specific Visa Waiver Program like I know there is in the US which such restrictions.

I just got off Policia Federal in Lapa, São Paulo, where I received a 90-day extension (I have a stamped passport without the actual "visa") so I figured I'd let you and others viewers know! My swiss friend (same case I think, don't need to apply for a visa to come to Brazil) also got the extension. I brought all the documents and forms like everyone else applying for the extension to the 4th floor and waited for about 1h.

Just to let you all know! Maybe we just got lucky haha, but that's what happened!

Cheers

The system of VWP stays works exactly the same for everyone, except UK passport holders, due to a separate agreement with Brazil.

Under the Visa Waiver Program and Schengen Area Agreement you can enter Brazil with a valid passport and stay for 90 days in a 180 day period from your very first date of entry to Brazil. Essentially you get 90 days in Brazil - 90 days out - 90 days in - 90 days out from that point on. I does really work that way for South Koreans too. Everyone will get 180 days in a year, VWP and Schengen stays just can't be consecutive days.

Where the CONFUSION exists really is with the Federal Police, especially in Lapa, São  Paulo - SP since there you are dealing with civilians that are contracted employees (not Federal Police Agents) and they are not the least familiar with the law and treaties that they must deal with regarding immigration. You ask 10 people the same question there and you are sure to get 10 different, almost always all of them wrong.

Lots of members have, indeed, obtained visa extension. However, these visa extensions would not have been granted had the agent or civilian employee correctly understood the law. VWP stays (except UK passports) ARE NOT EXTENDABLE.

If you did get an extension, consider yourself extremely lucky.

Please people, if you are here on a VWP or Schengen Area Agreement visit, don't just assume that you can get a visa extension, you can't - that is not to say you won't... the left hand truly doesn't know what the right hand is doing here in Brazil. Just don't depend on an extension because the law is quite clear on this issue. Only VITUR visas (actual paper documents issued by the Consulado) cand be extended to permit 180 consecutive days.

Cheers,
William James Woodward, EB Experts Team

Hi

Thank you William for all your useful advise. I have done a lot of reading, including reading what the Brasilian consulate in London have stated on their website. Yet I am still unsure. I even asked a friend to speak to the federal police on my behalf, he was told to direct me to the UK consulate for an extension 

From what I (thought), I understood, as a British national can visit Brasil multiple times as long as in a 365 period I do not exceed 180 days, nor 90 days in one single trip. But I am confused to what is classed as a single stay, and whether the 90 day clock is ticking from my first entry this year (never been to Brasil before this).

Entered 7th Feb - left 13th Feb (7 days in Brasil) - received a entry/exit card
Entered 23rd Feb - left 1st May (68 days in Brasil) - returned/received a new entry/exit card
Entered 5th May - left 5th May (1 day in Brasil) - no card required as I was just visiting Iguacu and returning to Argentina that night

Total = 76 days

Entered 7th May - I have a new entry/exit card stating 90 day. However the federal at the Foz Iguacu border told me I can't stay another two months. I asked why (useless question because my portuguese is poor and I didn't understand his answer). So I am puzzled about his comment and then why he wrote 90 days on the new entry card.

Is the clock still ticking from 7th Feb, so my 90 days is up 21st May. Or did a new stay started 7th May, and he was possibly confused thinking I am European.

To complicate matters a little more, I need to leave for a day on 10th July (140 days in Brasil since first entry / 64 days if 7th May is classed as a new stay). But don't want to risk not being to re-enter, to collect my stuff and fly out from Brasil on 17th July.

I know a solution is to get a visa extension, but it's not multi-entry so if I leave in that extension period (10th July)  I will not be able to re-enter?

Hana

Hi f4rz,

Actually, there is a bilateral agreement between the UK and Brazil that is a bit different than the Schengen Area Agreement in that UK passport holders CAN apply for a "Prorrogação de Estada" (visa extension) and their 180 days per year can be taken consecutively. Schengen Area passport holders MAY request such an extension, but in their case since the Agreement states otherwise it also leaves the OPTION of granting an extension up to the contracting nation. In some cases Schengen Area passport holders are granted an extension, in other cases they are not. As in any nation anywhere in the world visas and their issuance, extension, etc., are completely up to the individual officer (provided that they act within the framework of the law).

So, yes in the situation you outline a UK passport holder could enter and exit Brazil as many times as he/she wishes during the course of a year, provided that at no point in time during their stay in the country they have been in the country for more than the 180 days permitted in a "rolling year".

The only thing that I would point out regarding this is that say one were to make multiple trips to and from Brazil quite frequently and the stay in Brazil were of an extremely short duration it might cause some concern as to the NATURE of those trips, after all Brazil is a country noted for drug trafficking. So you might come under some extra scrutiny and you should have a rather logical and convincing explanation ready should they ask you why you make such frequent short visits to the country. This would be even more of a consideration if you were to travel to another country that had serious drug trafficking problems. I am not in any way saying this should concern you personally, but just that it is a factor you should keep in mind.

Cheers,
William James Woodward, EB Experts Team

LOL!

I guess it may seem that way, hopefully two day trips to Iguacu falls will not raise too much suspicions. Once I leave Brasil on the 17th July, I will hopefully be returning a year later on a work visa 

Thanks

Hello,
I need help! Basically I'm going to stay with my bf in brazil and wanted to book a straight 6 months return flight. Am I able to do this even though you have to extend it after 3 months? Would I just tell them at the airport or? I want to book my ticket in the next few days but want to save costs with flight instead of booking 3 months return then having to pay to change my flight?!!

Hi Juliet123

As far as I am aware you would have to produce a return ticket or at the very minimum an onward ticket to some country that you either have a visa to enter or may enter under the Visa Waiver Program that is valid for travel within the 90 day initial stay, because visa extensions ARE NOT guaranteed.

What you could do is to purchase a "throw away" bus ticket to one of the neighboring South American countries which would probably satisfy the Federal Police on arrival. Then you could book the return flight for the 180 day period. This is however not without it's risks, you could have the extension refused or especially if you've already been in Brazil previously and miscalculated your entitlement end up with a shorter extension than you had planned on.

I really think that the very best bet is to pay the additional fee for a return ticket that permits changes to be made in departure dates. I think it is well worth the extra fee if for no other reason than the peace of mind it will give you.

Cheers,
William James Woodward, EB Experts Team

Ok thanks! Ye was thinking maybe I could just book my return ticket for 6 months and buy a train ticket or bus ticket out just before the 3 months is up so I can show them I am leaving then extend my visa for another 3 months? How likely is it that I would be refused the extension?

Also does anyone know any good websites to book a cheap train/ bus ticket that I could book? Thaaanks

Your travel agent should be able to look after that for you. It would depend on your point of origin and the destination for the trip which site you'd be using to book bus passage.

Hi, I was wondering if you could help me please, my story I think is a little unusual.
My name is Aaron, Im from the uk and came to Brazil to Teresina on September 4th 2013..i stayed for 90 days (on my tourist visa) then got the other 90 days from policia federal, (who were very helpful) and then left brazil for the UK on March 3rd 2014 (within the limits of the visa)

At the time I was unaware of the 365 day law and my Brazilian friends in the uk told me I could leave for 24 hours or so and come back for another 90 days tourist visa..

So I stayed home in the UK for a few days and came back to Teresina flying through Brasilia on March 13th...I was let in no problem at the aiport, the stamped my passport as having entered on march 13th and that was that. All fine.

However the next week I went to policia federal immigration at the airport to try and get some help applying for an ID card (which I know now I couldn't get)...The guy saw my passport and realised there had been an error, I should not have been allowed back into the country the second time (13th March) but since he said it was not my fault, and since he said he knows I was there because I was trying to set up a new life there, he said he rang up brasilia airport to confirm and then stamped my passport with another 90 days (from 13th March) saying I would have to leave after that time.

I left again on June 9th, the day before the 90 days expired.

Before I left I asked the same people (two of them) in the immigration office at Teresina airport when would be the nearest time I could return...(as my intention is to return to my girlfriend and marry/start work etc-during my time in brazil in Teresina I have been offered several jobs but been unable to take them because not being able to work)...they assured me that these '90 days' which were given in error would not count against me and as such I could return legally with a tourist visa again on  September 4th 2014, a year to the day since I entered initially. This would enable me to marry my girlfriend and set up my life as planned.

However If I have learnt one thing about Brazil in the last year, it is a cautious feeling of horror at the beurocracy...and I am TERRORFIED of coming back to the airport at brasilia on 4th septmber only to be refused entry.

I will check again this week as my friend will go and talk to the man who helped me at policia federal.

I asked as I left Sao Paolo at passport control and the guy there wasn't sure either, but said something about if I got a letter or some kind of piece of paper explaining the situation it would be alright.

Sorry this is a long and complicated post but getting back in September ready to be with my girlfriend is the most important thing in the world to me, so I need to know what to do.
Thanks for your time I appreciate it.

Aaron

It is really complicated it is possible you could return in September BUT if the passport control see's March 2013 stamped as an entry date even if by mistake they may take that date as your official entry and deny you entry in September.  it is hard to say what will happen with the bureaucracy here . If you have it in writing from them you may be able to enter in September,  if not and it is only "they said I could" that is where a problem could occur,  You will need all of the 180 days available if you plan to get married in Brazil.  You don't need to be flying to Brazil and to find out you have to leave on a return flight immediately and the added expense that would entail.

Hi, thanks for your reply. I have a friend going to visit policia federal immigration at the airport this week (In Teresina) he will talk to the officers there who told me I would be able to come back, and I will ask him if he can ask them to write a note/letter that could be sent to me here in the uk to take with me. (My friend would send it).

The guy in Sao Paolo said a similar thing..if I had a note explaining what happened he said it should be ok.

I'm confident that if I can return on a tourist visa I will have no problem getting the 180 days, as it is the same guy who stamps my passport each time ive been and he's been massively supportive.

Thanks, will find out more this week I hope...
Aaron