So what if I overstay my Tourist Visa in Brazil anyway?

Hi J5,

Actually the Federal Police are quite accustomed to minor SNAFUs like this happening. They themselves sometimes make them too. For instance when a fully loaded flight arrives late at night in many airports and they're understaffed they often are in such a rush to process everybody that they sometimes neglect to stamp a passport, it happens. They take these things in stride and the mere fact that you've returned to resolve the situation shows them that you're one of the good guys! 

That usually scores big points with them.

Cheers,
James       Expat-blog Experts Team

Hi,

I am going to enter Brazil in about 2 weeks at Galeão Airport Rio. I overstayed my visa by a year. I am still not sure if I can pay my fine upon arrival at the airport. If so, where exactly do you pay the fine at the airport?

You mentioned something about not being surprised about being turned away at the airport. Is this also if you want to pay the fine at the airport?

Thanks

Highly unlikely you'll be turned away at the airport because of the overstay, for several reasons. First of all the overstay days, since they are subject to a fine, are NOT counted in the calculation of your subsequent visit to Brazil so as long as you have had the required number of days elapse since what should have been your departure date you will be allowed the normal entry.

You should expect to take a fair amount of extra time upon disembarking since you will be escorted by a Federal Police Agent to the airport's branch of the Banco do Brasil where you will pay the overstay fine. Then they simply bring you back to the checkpoint and process you through as if nothing had ever happened.

If your overstay was a year you're in luck since the fine is capped at 100 days and the maximum you will pay is R$827,75 ($315.68 USD) so count on bringing that amount with you, withdraw it from the ATM and you may even be able to pay it using your credit card (not absolutely sure of that one though).

Other than the extra time it's going to take you to pay the fine, pass through entry and collect your baggage to get out of the airport, those are the only problems you're really going to face. No biggy by any means!

Cheers,
James          Expat-blog Experts Team

Thanks for your answer!

I´ll arrive on Friday morning at 7:25. Do you think I will be able to pay it that early, or will it only be possible when banks open(10am?) ? Or is there maybe a machine?

While I've never experienced this personally I'm sure that some of our members have, and hope you might get a definitive answer from one of the.  That said I believe that you will be able to pay the fine using an ATM. If you don't get an answer beforehand you certainly will get an answer from the Policia Federal on arrival, they deal with this all the time. The only other option would be to telephone the Policia Federal prior to your flight to confirm the procedure of paying the GRU for the overstay fine when flights arrive outside of normal banking hours. This would likely require finding someone fluent in Portuguese to help you with the call if you are not yourself. I would suggest calling only during normal business hours since the office itself does not operate 24 hours per day.

The telephone for the Departamento da Polícia Federal at Galeão Terminal 1 is:

+55 21 3398-3897

Thanks!

Hello James !

I just read most of these blogs ...  Extremely informative ! ... 

I'm from Canada and I plan to overstay my visa and 180 days for several months ( don't really have a choice ) ...  From what I have read, overstaying should not impair my ability to get another tourist visa later ...  I have 3 questions:

Q1-  Could overstaying my visa and my 180 days impair my chances to obtain another type of visa later on ( like student or permanent ) ?

Q2-  In order to maximize my chances to obtain another visa later on ( tourist, student or permanent ), is it better to pay the fine when you leave Brazil, or it really doesn't make a difference ?

In a recent post ( 17 january 2015 ), you mention that “ the overstay days, since they are subject to a fine, are NOT counted in the calculation of your subsequent visit to Brazil so as long as you have had the required number of days elapse since what should have been your departure date you will be allowed the normal entry ” ...

Q3-  If I understand correctly your above statement, if and when I apply for another tourist visa, after overstaying my 180 days by, let say 3 months, I will have to wait only another 3 months to be reset to zero and start building days for the new tourist visa ?  In other words, their computers skip the overstay days when doing the one year roll back from the new entry date ?

Thanks for this site !...  It is invaluable ...
Tom

Hi Tom,

1.  No, as long as the fine is paid there are absolutely no consequences in Brazil. The overstay will not impair your ability to obtain any other visa of any category for Brazil. That said, any overstay could adversely effect your ability to obtain a visa for other countries during the life of your current passport, and possibly beyond that if Brazil shares entry/exit information with other nations.

2.  It would really depend on when you'd be considering applying for a different visa. If you wouldn't be doing so until following your next visit then it doesn't matter when you pay the fine (on departure or subsequent arrival). However, if you intend to apply for the visa before your next visit then it would be best to pay the fine on departure.

3.  That's correct, since the overstay days are subject to a fine they are NOT counted in calculating your stay. They would base the calculation on what SHOULD HAVE been your original departure date. So as you stated, you overstay by three months, then you would wait a further 3 to reset the count to ZERO and start building days from there on. Their count stops at the first day that's subject to the fine.

Cheers,
James     Expat-blog Experts Team

Hello James,

Thanks for your answers !

From what you said, I decided to pay the fine on my departure from Brazil.  If I understand correctly, the process to pay the fine on departure would be as follow:
1.    I go to the Policia Federal office at the airport.  The officer put the red stamp on my passport and give me a GRU invoice for the fine to be paid.
2.    Then I go to the bank at the airport and pay the fine ( and get a receipt ).  And that's it.
3.    When later on, I pass through custom/ immigration to take my plane, nothing special happens or has to be done at that point.
Q1-  Could you confirm this ?

Q2-  I first take a small domestic plane from Brasilia to Sao Paulo, where I will take a second plane going out of Brazil.  When I take the domestic flight in Brasilia, they will want to see my passport at check-in but nobody will care about my overstayed visa, right ?  So to get my red stamp and GRU invoice, I have the choice of going to the Policia Federal at the Brasilia airport, or at the Sao Paulo airport, correct ?  Since I will have more time in Brasilia, I could get the GRU invoice and stamp from the Policia Federal in Brasilia airport and only pay the fine later at the bank in Sao Paulo airport ( Brasilia airport is small, and I am not sure if they have a bank there ) ...  Am I good with all this ?

Q3-  I believe I read somewhere in here that these airport bank branches are only open during business hours, on week days ...  Is that correct ?

Thanks again for your help,
Tom

Hi Tom.

Even on a domestic flight you're going to have to present your passport since you're a non-Brazilian, so that means you're going to have to deal with the Policia Federal in Brasília regarding the overstay. You will most likely have to pay the fine there.

You're correct in assuming that the bank branches at airports are only open during normal banking hours, so if your flight is outside that time period you're going to have to make alternate plans. I'd suggest a trip there (ticket in hand) during these hours either the day you plan to travel, or day before (no sooner than that) go to the DPF delegacy at the airport and explain that you've overstayed, you're leaving Brazil and would like to pay the overstay fine before you depart. Show them the outbound ticket and they'll calculate the fine. They may or may not stamp your passport, some get lucky in this regard.

Once you've paid the fine make a copy of the paid GRU, and keep it for future reference. If you're questioned about the overstay in São Paulo you'll have the copy to show that the fine has already been paid.

They don't make a big deal of overstays, so many people here are doing it. That is not to say that this lax attitude won't change in the future. Rumblings are that they're going to reform many of the immigrations laws and take a much harder stance sometime in the near future. That won't effect you however.

Cheers,
James

Hello James,

Thanks again for your answer and your help ...

The girl at my travel agency in Canada already booked me for a flight on a sunday ( shit ) ...  So this means I would have to go the DPF delegacy in Brasilia airport on friday, 2 days before my departure ...

You mention in you last answer that I should present myself at the Policia Federal the day of my departure or the day before (no sooner than that) ...  Why is that ?  And what about 2 days before ? ...

Another thing:  I assume they will give me a receipt for the paid fine ? ...  So why would I have to make a copy of the paid GRU ?

Thanks for you patience,
Tom

Acutally it will be ok a few days prior to travel, it's just that the closer to the actual departure the less chance they're going to make a mistake calculating the fine and one other important factor.... If you run into a hardnose DPF Agent, (pr__k) who wants to issue the request to leave Brazil it gives you 8 days.

Thanks !

dear all.
i am living in Brazil, and very soon i shall get my temporary residence permit. I want ask that after i got the TRP, or RNE i don't know exactly how to say,
can i go to central america like Nicaragua with that my card.
or i need visa, i belong to Pakistan.
Very thanks for reply.

It's only valid for entry into other South American countries, you'll need a visa to enter Nicaragua.

It's only valid for entry into other South American countries, you'll need a visa to enter Nicaragua.

of course sir i know that i need a visa for Nicaragua, but i am asking that i have a valid protocol of Brazil but i do not have the RNE here now. Can i apply in the Nicaragua Embassy or the Costa Rica Embassy for the visa.

I came here in Brazil for the FIFA world cup and got the refugee here.

kidnkly inform me.

thank.

Hello msk84,

Since you are applying for permanency under the refugee program, which is completely different from normal immigrations procedures, I can't even tell you if you're allowed to leave Brazil during the process.

I would almost think that should you leave Brazil before having been granted refugee status that your refugee claim would simply be cancelled. I wouldn't just assume that you can leave and take that risk. You should contact whoever it is that is handling your case and ask. You need to be absolutely certain because the consequence is too great should you be wrong.

The only thing that I can tell you for certain is that NOTHING to do with a refugee claim will be handled outside of Brazil and most certainly not by the Consulado-Geral do Brasil. The refugee claims in Brazil are the sole responsibility of CONARE (Comitê Nacional para os Refugiados). Only they can issue you permanency.

Cheers,
James

you mean to say that i can't get the visa of any country of central america.... or..... if i go there my refugee will be cancelled...... or can i get any permission to go outside of brazil for a short time....

I am saying that the rules for refugees are different from those who seek permanency in Brazil through other immigration rules and that I am NOT familiar with those rules. You need to contact the people who are handling your claim to see if you can travel outside of Brazil before the claim is granted.

Personally I don't think you can.

Cheers,
James

Hi,

I read the thread but I'm still not sure if I understood everything correctly, so please excuse me if this has already been answered.
I came to Brazil on a 1-year-student visa in 2013. One month before it expired in 2014, I extended my visa for another 12 months. Turns out, that I will be overstaying that extension by 3 months. I already plan on showing up at the local PF 2 days before my return flight with proof of my return flight to pay the fine.
My question is now about the possible return date: I will be returning to Europe for about 4 weeks and would like to come back for 90 days afterwards as a tourist (since I'm German, I wouldn't need apply for a physical visa).
Did I understand it correctly, that the overstay wouldn't affect my first possible entry date as a tourist because the overstay happened on a student visa (VITEM-IV) and therefore I would still be allowed to come back immediately (or in my case after 4 weeks) for 90 days as a tourist without having to wait for 3 months (time I overstayed my VITEM-IV)?

Thanks for clarifying.

Hi Fred,

Yes, you understood correctly. They are different visa categories and have no effect on each other. So in theory you could return to Brazil the very next day as a tourist without any problem, provided of course that any previous overstay fine has been paid or is paid at the time of entry.

Cheers,
James      Expat-blog Experts Team

I have over the my tourist visa here in Brazil, I came for a visit during the period of ebola out break in my country, I couldn't go back home by that time,and worse of all I didn't get another 90 days extension. I when to the policia federal and they told me I shouldn't be staying in Brazil any long,they also give me options since a company need me to work here in Brazil, to go Paraguay or Argentina and apply for another visa and than come back to Brazil.
I want to do just that,but my fear is
1.how do I get out with out been deported.
2.what's the possibility of me getting a work visa to get back to Brazil.
I can not go back home right now because I have over stay my leave from.my job home and lost my job ,I only want to work here in Brazil and go back home to start my life.can you give me a Way out

I guess you removed your other posting, but I replied to it.

You really have no other option but to return to Liberia, which you will have to do at any rate if you are hoping to get a VITEM-V Work Visa. That is because although you could apply for the visa here in Brazil; you must present your passport at the Consulado-Geral do Brasil in Liberia (in person) for them to afix it to your passport.

If you leave for a neighboring South American country, you must have a visa to enter that country, or you must be able to enter under the Visa Waiver Program. If the Policia Federal Agent refuses to allow you to return to Brazil what do you plan on doing? Staying in any country beyond your visa will eventually result in deportation, and that DEPORTED stamp in your passport will prevent you from entering many countries, not just returning to Brazil.

Leaving Brazil you will need to pay an overstay fine of R$8,28 per day for each day of overstay up to 100 days max.

As I said before, if your offer of work here in Brazil is a good one, then ask if they will help you with the VITEM-V Work Visa, go home and wait for the visa to come through. You have to be very careful with immigration rules anywhere, breaking them results in deportation and that will effect you not just here, but in many countries for the life of your passport and maybe even much longer than that if the information is share with immigrations authorities in other countries (it usually is).

Cheers,
James    Expat-blog Experts Team

dear James....

how can i check online status for my resident card RNE in Brazil.

Hello msk84.

You are a bit off topic on this thread, but if you mean how to check of your Cédula de Identidade Estrangeiro has been issued yet you go to the DPF website and check on it there.

https://servicos.dpf.gov.br/sincreWeb/p … ocesso.jsp

You can only do the check using Internet Explorer, Google Chrome and Firefox WILL NOT WORK for the check. Fill out the information and what you're going to be looking for is "Recebimento". If the card has come back to the delegacy where you applied for permanency it will say "Confirmado" and you can go pick it up. Make sure you take your protocolo with you, because you have to return it to them.

Cheers,
James     Expat-blog Team

Hello James,

First of all, I would like to thank you for your very informative help in this topic full of overstayers .
I have also been guilty of overstaying in the past. I am from the Netherlands and I have been staying with my fiancee in Manaus from March 28 until September 28 2014. I have been visiting her before from January 26 2014 until February 8th 2014.

When I was flying back home, I know I had an overstay, however they did also calculate the days that I was NOT in the country from February until the end of March. I think they did not see this in my passport correctly. It still would not matter much as the fine would stay about the same, however I only found out a few weeks later, too late to appeal.

Anyway, I am perfectly happy to pay the overstay fine. I am arriving on a Saturday. Is this going to be a problem as the banks are not open? Can I just bring the money cash in hand? If you did already provide this information, I apologize for not reading it.

As my overstay was 142 days, am I already clear to travel back to Brazil on the 15th of May? I've left Brazil on September 28 last year. Our plan is to get married when I return and I already have my documents legalized. I just do not want to be in any kind of trouble upon arrival.

Thank you so much for your time.

*quick edit* I did NOT get a big ugly stamp in my passport. Me and the Federal Agent who was checking my passport shared the same passion for the show "Sons of Anarchy" and I was wearing the t-shirt. So we had a long talk about the show while his boss was printing the form for me with the fine. He was really laid back and he was training 2 new agents. We had a lot of laughs. I even jokingly asked if it was possible to just let me go through without paying the fine and he said if it was just him sitting there he would, but it was very busy around him. Very pleasant experience.

Hi Nibashe,

First off, only overstay days in Brazil are supposed to be counted for the purpose of the fine. If your overstay was 100 days that's the maximum anyway.

Overstay days ARE NOT counted in calculating any future stay in Brazil because they were subject to a fine. That means you are able to re-enter Brazil when you would have been normally entitled to had the overstay not taken place.

If you hold a Netherlands passport and enter Brazil under the Schengen Area Agreement, then that reads three months (90 days) in a six month (180 day) period for stays in Brazil. So if you've been out of Brazil for 90 days you can return without any problem.

Note that while the wording of the Schengen Area Agreement does not guarantee the ability to extend your visa stay in Brazil beyond the intial 90 days (and thus have 180 consecutive days), that the Agreement does allow member nations to do so if they choose. I've heard of many cases where Schengen Area passport holders have applied for, and received extensions. So when you come back, don't be afraid to apply for an extension if needed. Just make sure you do it several days before your current stay would expire (no more than one week). Also you should have a ticket that allows changes without too much additional costs in case you do get the extension. Do not cancel your return flight before you've received the extension however.

Cheers,
James   Expat-blog Experts Team

Hi James,

Thank you very much for your answer, really appreciate it! It is a good feeling that I can take my flight without worrying about things like this. Really a big comfort! Thanks a million. I have heard stories about people that got the fine in Brasilia (like me) and then enter in Manaus and the FP do not even notice the fine that needs to be paid. If they do not notice it, should I inform them about it? If I do not, I can imagine that I still need to pay it after I leave the country again.

Also is traveling in on a Saturday an issue? With the banks only being open during the week, is payment in cash accepted?

Thank you very much for your time.

Yes, I'd inform them about the fine. They will appreciate your honesty and you never know if it has been "overlooked" just to try and catch you trying to put one over on them.

Will do. And traveling in on Saturday is not an issue I assume?

Very good information I've found in this thread! Just curious if anyone could help me with my specific situation. My husband (Brazilian) is returning there for business in June of this year and I was going to fly there for a few days to stay with him before we both fly back home. The last time I visited Brazil was in 2010. I overstayed my visa by about 2 weeks due to cheaper flights. I was given the passport stamp showing that I had a fine and a paper stating how much (which I have since lost). Since that trip we have married. I will be traveling on a new US passport (due to last name change) and will need to get a new Brazil tourist visa as well as it's been more than 5 years since my last so it has expired (and was still in my maiden name). I flew out of Rio before (when I originally got the stamp and fine paperwork) and will be flying into the same airport. I'm assuming they will have record of the information even though my passport and visa will be under a different name. My question is if I should expect any issues with this. I'm hoping I will only be charged for the amount of days I overstayed even though I don't have the paper rather than being charged the full amount.

Hello solearai,

No issues at all. It's quite likely that under your circumstances they aren't even going to access the information about the old overstay fine in the first place.

Even on the really remote chance that they do, they will just ask you to pay the fine upon entering. The fine is R$8.28 per day of overstay, so if you're looking at two weeks (approx.) then it will be somewhere around R$116.00 (USD $40). They'll just issue a new GRU for the fine and you'll be escorted to the bank to pay. Then it's right back to finish off the entry process and away you go! They're pretty easy going about this. But as I say, for you it likely won't happen at all.

Cheers,
James     Expat-blog Experts Team

When I was in Brasil in 2013 I overstayed for about 50 days.  However, my passport is expiring in less than a year.  If I go back to Brasil with a new passport, will they still know I overstayed?

Michael

If you're using a US passport, with biometric data that is a machine readable passport then almost certainly they will know about the overstay even with a different passport number.

Also what do you intend to do about the visa? If the VITUR Tourist Visa is in your old passport you're going to have to produce it too.

It's no big deal, just pay the fine and you'll have no problems getting in. If you're right about it being 50 days then the fine will be R$414 (USD $139.15).

Cheers,
James     Expat-blog Experts Team

Hello !

Im going back home tomorrow and little bit worry about my overstay payment. Should i pay it tomorrow or next time when i will back to Brazil ? Thank you !

Thanks much, James.

James wrote:

Overstay days ARE NOT counted in calculating any future stay in Brazil because they were subject to a fine. That means you are able to re-enter Brazil when you would have been normally entitled to had the overstay not taken place.

If you hold a Netherlands passport and enter Brazil under the Schengen Area Agreement, then that reads three months (90 days) in a six month (180 day) period for stays in Brazil. So if you've been out of Brazil for 90 days you can return without any problem.

Just to make sure that I get this right: If I entered under the Schengen Area Agreement (VWP) and overstayed for 1 year, under the current policy I would still be allowed back in after leaving the country for just 90 days? That would be the re-entry date, if I hadn't overstayed.
But due to the overstay coming back after just 90 days would put me over the allowed 180 days for the rolling 360 day period. Would the days I overstayed really just be ignored, so that for calculation purposes I would be deemed out of Brazil for 270 days already (1 year stays = 360 days, initial 90days legally as a tourist, 270 days overstay) or would I have to wait for 180 days to re-enter in that case?

James,

I intend to go to Portugal and Brasil later in the year.  Does my overstay status in Brasil affect my entry to Portugal at all?

Michael