Overstaying a Tourist Visa in Brazil: What to Do When Illegal

Have you been wondering what happens if you are living on an expired tourist visa in Brazil and what to do in that “illegal” situation?

E-mails come to me regularly from numerous foreigners that live or are considering living illegally in Brazil on an expired tourist visa.  And I usually get asked advice on what visa to switch to or apply for or what the consequences for overstaying your tourist visa would be.

And hey, if you’re in this situation, I’m not here to judge you but only help.

So today I will be addressing those questions and advising you on what you can do in this situation including how to pay the fine if you do overstay.

But first, let’s talk about the limits of a tourist visa and how far you can go on one.

What is a Tourist Visa?

A tourist visa allows you to come as a visitor, friend of a Brazilian or unpaid athlete to the country for a maximum of 90 + 90 days per calendar year.

If you are from everywhere outside of Europe, you are allowed to stay for 90 days in a row and then extend it for another 90 days while in Brazil for a total of 180 days.

Though if you are European, you are allowed to stay a maximum of 90 days within a 180 day period.  This means that you can stay for a maximum of 90 days at a time every 6 months and has to do with reciprocity as the European rules are similar.

If you would like to know more about how a tourist visa functions, then I would suggest you take a look at my post “3 Must Knows About a Brazilian Tourist Visa“, where I break down how the days are calculated per year amongst other things.

Consequences of Staying Illegally

So let’s say that you’ve been in Brazil for 90 days and then got an extension at the Polícia Federal (Federal Police) for a further 90 days.  The total of 180 days have come and gone and you are still in Brazil, so what happens?

  1. You incur a fine of about R$8.50 for each day over your visa expiration.
  2. The fine maxes out after 100 days equaling R$850 (about $425USD)
  3. You are illegal in Brazil and at risk for deportation if caught.
  4. Have to live a bit in the shadows as you can’t get legal jobs, open bank accounts or the like.
  5. Not usually too much!

If it wasn’t so easy to stay illegally in Brazil and “dar um jeito” (make a way), then there wouldn’t be so many that did it.

I would never suggest doing anything illegal at all, but I’ve only heard of 1 case of someone being deported and that was due to a rival English school calling the Federal Police on the other school about an illegal gringo teaching.

You can still use your CPF number and live life as you probably did up to then, but getting any legitimate jobs or opening bank accounts wont be possible.

The Old Days of Just Overstaying are Soon Over

Back in the day, staying illegal was one of the most common types of grey area ways of staying in Brazil.  It was almost like everyone was doing it due to the complications and bureaucracy when getting a different kind of visa – I mean who wants to leave Brazil to wait the 6 months (or more) it takes to get a volunteer visa?

So Mr. or Mrs. gringo would just pay their overstay fine at the airport on the way out of the country and just come back when they had “earned” more tourist visa days and repeat the whole process again.

It has always been a big grey area where the Brazilian Government has always been lax about the rules and looked the other way if the fine was payed.

Those days are soon over, the Brazilian government and immigration have announced that they will be clamping harder down on illegals and making it more difficult for them.

We are not sure exactly how this will be implemented or happen but it is a natural step in the country’s development as foreigners and expat Brazilians are flocking back to Brazil in huge numbers due to the opportunities.

On that note, here are some steps you can take as an illegal immigrant in Brazil to become legal:

Tip 1: Pay Fine, Leave and Come Back on a New Visa

The most common course of action for a person who has stayed over their limit is to go to the Polícia Federal at the airport on the way out of the country, pay the overstay fine and figure out another option abroad.

Then once abroad there are a vast amount of different visas to get you back on a more permanent basis such as:

  1. Student Visas
  2. Work Visas
  3. Volunteer Visas

Amongst other’s.

Keep in mind though, that you will need to leave Brazil to apply for a different type of visa as you will have to re-enter as a different visa status (exception: some family Visas as mentioned below).

The fastest and easiest of the visas above is definitely the student visa as it is less bureaucratic and quicker then volunteer visa – though if you can get a work visa then this will be even quicker.

I wrote a post on the 5 best visas to allow you to live permanently in Brazil, you can check it out here.

Tip 2: Start a Brazilian Family and Get a Permanent Visa

Sounds easy enough right?  Well, many single people come to Brazil because of love or couples come with plans on having a child in Brazil.

Let me break them down for you individually:

1: Permanent Visa Based on a Stable Union

If you’ve been in a relationship with a Brazilian for at least a year and can prove this either locally in Brazil or abroad, then you can apply for residence based on a stable partnership.

This is the most common visa amongst the LGBT community but it functions for people in hetorosexual relationships as well.

You will need to prove that you have been in a stable union by getting a testimony from the country you lived in together or from the Brazilian family courts.

Listen to this podcast as I go over the Stable Union visa in more detail.

2: Permanent Visa Based on Brazilian Spouse

If you are married to a Brazilian or considering being married, after the marriage you can go to the Federal Police and apply for your permanent residence irregardless of the fact that you are staying legally or illegally.  This has to do with it being the right of a Brazilian national to be able to live with their spouse.

It is a pretty straight forward process and requires that you pay a visit to the Federal Police office closest to you to ask about the current requirements.

Here is current information and requirements on how to apply (in Portuguese).

3: Permanent Visa Based on Brazilian Dependent

Is having a child the next logical step in your relationship or marriage as two foreigners wanting to live in Brazil?

Then why not consider having your child in Brazil?

He/she will be granted Brazilian citizenship from birth and then you can apply for permanent residence based on this child.  This is the route that my wife and I took and you can read about how to do this A-Z in the “Giving Birth in Brazil Series“.

Alternatively for couple who would like to be helped through the process from A-Z, I have a setup in Florianópolis to assist with everything from finding housing to getting a great hospital: click on the “Contact Me!” tab above and we can discuss it!

Tip 3: Wait for Amnesty

In 2009, then President Luiz Ignacio da Silva, granted about 200,000 illegals Amnesty, where they could be granted a 2 year temporary visa allowing them to become citizens.

This is not something to count on, but if you find that you have been in Brazil for years on an illegal status and have more connection to Brazil then any other place in the world, it could be worthwhile to research and ask immigration lawyers about the next expected Amnesty date.

Though, through the vine I’ve heard that it is granted around 1 time per 10 years.

Final Words

In the end, the draw to stay in Brazil can be tough to manage as a foreigner with no strong family ties to the country.  So from one gringo to another, I want to encourage you to keep trying, thinking outside of the box and never give up hope – where there is a will, there is a way!

Trust me on this, and I look forward to walking together with you on this journey.

Standing by at your service, and let me know if you have any questions!

Cheers – Valeu!

Kevin

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  • Thank you for your post. As of 3 days ago I’m am illegally in Brazil and I’m desperate to stay longer. The plan was to stay for only 3months but then this country stole my heart. I have to confess that I probably didn’t do my homework properly because I never realized I couldn’t stay longer than 180 days in a calender year, but now I have… I’m looking into getting a student visa at a university at SP to study Portuguese (that was the plan in anyway) but I’m not sure what the mission will be with me being here illegally already. Do you have some info or advice on that? Will I need to apply for the student visa from my home country or can I do it from Brazil?
    I want to go to the Federal Police to pay the fine but I’m afraid if I go today they’ll ask me to leave the country within 8days. The other plan is just to stay here illegally and pay the fine later but then I’ll have to wait 180 day before I can come back. I’m leaving in November and coming back in January (not 180 days) but if I have a student visa by then, maybe they’ll let me in in January…?

    • Your story sounds like how many gringo’s started!

      Here’s what I’d recommend:

      1. Get the student visa prepared for so that all you have to do is apply for it.

      2. Go back to your home country and apply for it (you have to leave Brazil to change your visa status).

      3. Come back on the new visa and pay the overstay fine.

      Yeah, if you go to the PF, they’ll just send ya home 😉 Once you change visa status’, the 180 day rule no longer applies, you can enter as soon as the new visa is valid!

      • kevin, i was wondering how likely it would be to be discovered if you overstayed your visa and took inland plane rides say from brasilia to rio and back?

        • They shouldn’t be checking your visa status internally, it’s only when you go through passport control from an international flight.

          Though with that said, I obviously can’t make guarantees but highly unlikely.

          • thx kevin 🙂

            what if we took a bus from brasilia to rio or rented a mini bus taxi type deal to drive us all the way? would there be checkpoints of some kind where visas could become an issue?

            and do you know if good hotels in rio would check our visa status at checkin?

            thank you

          • The busses have been known to be stopped and checked by the police. This is usually around borders though. It happened to my wife once on her way to BH and they checked her passport and everything.

            Only the PF will check your visa status, no-one else has the right.

            Internally, there are no immigration checks, only when they decide to single you out.

        • Hey Flixe!
          I was wondering if it worked out for you at the airport as I will be in the same situation soon. I really would like to take an internal flight as I booked and paid it already. Has anyone experience? Do they check the Visa status?

  • Hi Kevin,

    Thanks for all the info. I have overstayed my visa and am going home on the 15th September (in 2 weeks time). A lot of my friends say it is better to go a day before your flight to the Policia Federal to pay your fine, to avoid confusion at immigration, do you think this is a good idea? Thanks, Katy

    • It’s up to you. Though if you do it on the way back, you just have to be prepared to go to the PF office before entering the country and paying. This could be a hassle if your flight arrives outside of opening hours fx or if you arrive at a lesser traveled international airport (like Belo Horizonte) as they aren’t used to people overstaying there.

  • Hi Kevin,

    I’ve been illegal for about a year now and might leave soon. i was wondering what will happen at immigration on the way out… can I just say “oh, I’ll pay when I come back next year”, and leave without paying the fine (for now)? cheers

  • Hi Kevin: I am from Bermuda and we are the EXCEPTION to the rule since we can travel here WITHOUT a visa – several of the Immigration Officers on my arrival and when I left temporarily 2 months ago were not aware of this either until they referred to p. 414 of their rule book which states: “USA Visa Exemptions – Holders of British Passports endorsed “British Overseas Territories Citizen” issued to residents of Bermuda.” But aside from that I have a question – What about Common Naturalization for anyone who is interested in becoming a citizen of Brazil, This is one of the only countries in the world where, if you have a sincere desire, you can file for common naturalization and live here legally. Are you not aware of this? It is a fact. Go to the government website. No need to scare people when there really are other alternative means. You just have to check ALL available sources. This is A POSITIVE for those who are seeking to make life legal and on the “up and up.” Tchau.

  • Hi Kevin
    If I apply for a new passport at home after overstaying my visa in Brazil could I come straight back to Brazil or would I still need to wait the 180 days before returning

  • Hi Kevin, I’m from England, I’m currently in Brazil on a 180 day tourist visa but I’m planning on staying out here longer than originally planned which would mean I would be overstaying my visa. I’ve already done this once before though and have a fine in my passport from 5 years ago. I just wondered if you knew whether getting another fine would be considered very serious and would ruin my chances of being allowed back into the country in the future? Thanks!

  • Hi Kevin,

    First of all thanks for the information!

    Just a question; I will not stay 90 but 103 days, so that is just 13 days of being “illegal”. For the next year(s) I am not planning on getting back. On my departure day, should I go to the PF to pay the fine? Or should I just check-in? I really don’t mind paying the fine, but I was just wondering if they would notice that I was “illegal”?

    Thanks alot!

    Tchau

  • Hi Keven, what happens if someone stays over their tourist visa for a second time! I left Brasil and paid the fine last time, but have been back again for a year now, and I am thinking of leaving, but worried it will be worse this time and I might not be allowed back to Brasil for longer than 6 months!
    Thanks.

  • Hey Kevin, I forgot to extend my tourist visa the extra 90 days I’m allotted. What happens if I stay for a couple of months, leave for a week or two, and then come back? Will I be able to come back on those “legal 90 days” I haven’t used if I pay the fine?

  • Hey Kevin!

    I have a pretty straight forward question..

    I am currently in Brazil and have been here for 5 months, but didn’t extend my visa after 3 months. I will stay here for another 3 or 4 months, as I need to head back to AUS for a few reasons. I am wondering how long I will have to stay out of Brazil? I assume it will be 6 months, but since I didn’t extend my visa after 3 months technically i guess i have only stayed in the country 90 days legally, and then i pay the fine when i leave/return, will I maybe be able to come back after only 90 days away? Am I a dreamer in believing this may be the case or will it definitely be 6 months that ill have to stay away?

    Muito Obrigada! 🙂

    • People usually don’t get deported from here unless they’ve done something criminal most of the time. If you pay the fine and do everything as you’re told you’ll probably just get “banned” for a while at worst, maybe like a year or two. However, there was this one exchange student I knew that got deported for overstaying, but there were other illegalities involved when it happened. Also a Finish exchange student got pregnant by accident and decided to stay for a visa. Idk how it will go for you but don’t feel too hopeless.

  • Hi,

    I have maxed out my visa days on one passport.

    I am however a dual passport holder (UK & Spanish). I have never used my other passport entering brazil. It also has a second family name on it (John Doe on passport 1, John Doe Edwards on passport 2).

    Would it be possible to re enter Brazil on a new tourist visa on my second passport without the immigration getting all mad and sending me home? 🙁

    Really need your help ! 🙂

    Regards

  • Hi Kevin, very good advice you give . I have been to Brazil about 40 times on Business , I am a German citizen and a resident of Canada.
    I bought a farm about 4 years ago wth a Braziliean Partner, he owns 20 %,and own a tax number.
    Every time I entered was for business reason and I am here on Business again, but I am thinking of staying permanently and live on my fully paid farm as I am 65 and receive pensions to have a comfortable life at the farm 10 minutes away from the Ocean.
    We are planning to generate income and employment in that area ,what would I have to do to get a permanent residence permit for Brazil . I am here for 32 days as of now.

    Thanks…

    • You have three options. 1. If you are planning to generate employment you can apply for an investment visa. You only need to invest the equivalent of about €55000, which is a lot less than most countries require (the amount must be in foreign currency). 2. There is a retiree visa where if you can prove that you have a pension enough to sustain yourself, you can get into the country (for them its just more $$$ contributing to the Brazilian economy. 3. Someone on the farm can hire you using a Vitem V–they will have to prove that two thirds of their workforce are Brazilian…if you have technical skills you can pass on to the Brazilians employed there even better. I work as a consultant to a law firm here if you have any more questions we can help you out. Just replay with your email address.

  • The last time my girlfriend stayed in brazil,she over stayed 6 days and she is coming here soon,do you think it will be a big issue or can she pay a fine for these 6 days?Can she be send back for that

  • The last time my girlfriend stayed in brazil,she over stayed 6 days and she is coming here soon,do you think it will be a big issue or can she pay a fine for these 6 days?Can she be send back home for that?

  • Hey Kevin, question for you: I’m Canadian and my boyfriend is Brazilian/Canadian.
    If I was to get a marriage visa so i could live in brazil, does this mean i’d have to give up my canadian citizenship? (i’ve heard this is the case, but i’m not sure).

    • If you get married to a Brazilian you can get a permanent visa (VIPER). Getting a permanent visa for Brazil does not having anything to do with citizenship at all–Canadian or otherwise. If you decided to also get Brazilian citizenship, which you can get fairly easily after being married to a Brazilian, you would have to check with Canada to see if they have a problem with it. Most new world countries do not have any problem with dual citizenship (the US doesn’t care, I’m pretty sure Canada doesn’t either). Certain countries in Europe are more strict (Germany is fairly strict, you have to ask for permission first if your second citizenship isn’t from the EU or Switzerland.) Certain countries like India and Pakistan, for political reasons (partition) don’t allow for dual citizenship.

      So the short answer is NO, YOU DO NOT HAVE TO GIVE UP YOUR CANADIAN CITIZENSHIP.

  • I’m a bit concerend, I just found out my tourist visa is going to expire in a few days.
    I won’t have the time to make it to the Federal Police to renew it before the 90 days are up.

    What are the consequence of renewing it after the 90s have passed?

    Will it be treated as just another extension and I’ll have to pay for those few days I was considered an irregular?
    or Will I be detained/ asked to leave the country once they find out I’m an irregular trying to extend my tourist visa?

    please help
    Much Thanks

    • you have to go PF before your visa expire, its only 70 RS to renew your visa for more 90 days…but if you dont go, you have to pay 8.50 RS per day.. choice is yours.

  • Kevin, I just left Brazil less than a week ago. I was there on a tourist visa, but stayed for almost 5 months. I didn’t pay at the airport, they just gave me a piece of paper that says that I owe them x amount of reals for overstaying for 2 months. Do I have 1 month left of my 180 days, and just pay the fine when I return? Can i pay the fine online from the US? Can my Brazilian girlfriend go pay the fine for me? I’d rather be in the clear, than have to worry about a hold up at the airport coming back. Thanks in advance!

  • I used my Dutch passport to stay in Brazil in 2013. Entry date: June 21, 2013 and Exit date: October 26, 2013 for a total stay of 123 days thereby exceeding the 90 day limit by 33 days. I paid the fine a few days before departure. I am now planning a visit starting March 18 and departing May 31st for a stay of 75 days. Will I exceed the 12 month rolling rule? Just to be sure. Thanks.

  • Please help Sir..I am in great plight.I am an Indian and is presently travelling with my husband in ship. Presently I have a valid tourist visa for 90days,but in the next two months I have to come to Brazil again in the same ship. But by that time my visa will expire.I dont want to discontinue my voyage.So,I earnestly plead you to show me a way by which I can get to continue sailing with my husband to Brazil in the next 2 months..Please please..HELP..I am completely in the dark..

  • Currently sitting at Sao Paulo airport, waiting to be deported.

    I obtained a tourist visa, which stated, i can stay for 90 days at a time, with a maximum of 180 days in total per year. As i was unsure of how long the visa lasted for, (if it was valid for 180 days, or 1 year), and if i needed a new visa to get into Brazil, i e-mailed the embassy in Australia. They assured me, as did several other flight agencies in Australia, i was safe and the visa was A-Ok. I get to SP airport, after 30 hours of lying, when federal police of Brasil tell me, nope. Go home.

    I was not allowed to call the embassy, wasn’t allowed to attempt to obtain a new visa, and an attempt at explaining that i was guaranteed by the Australian embassy, i was told “not our our problem”.

    I have another hour until i am deported back to Australia and have to sit on a plane for 30 fucking hours.

    PLEASE Triple check your visas.

    At least the deportation flights free….

  • Hi.

    How long can I stay in brazil without the visa?Upon arrival in Rio de Janeiro.

    I’m working on offshore vessel and operation for 6 months in Rio,
    We will arrive by Feb 24,2014.

  • Hi I’m a British passport holder living in France. My sister and most of my family are Brasilian. I am a fluent Portuguese speaker and I generally spend five months from November to April in Brasil. A ninety day tourist visa renewed once. Five years ago I bought a house and car in Brasil after checking with the Brasilian embassy in France that I would be allowed to stay in Brasil for 180 days in any calendar year. Until yesterday (Friday Feb 21 2014) everything went smoothly. On going to the Policia Federal at the airport in Florianópolis, where I have renewed for the last two years I was informed that I could not renew my visa as I had been in the country 12 months ago. Essentially a rolling 12 months rather than 180 days in a calendar year. I asked if the law had changed and was informed it hadn’t. On asking why if that was the case and my visa had been renewed for the last five years without a problem what had changed. Response “you can talk to the computer”. I am seeing an immigration lawyer on Monday as having to leave is major problem as there is a team of builders working on my house. What is not clear is whether it is 180 days in any calendar year or the rolling 12 months. The 180 day per calendar year appears to be the standard in the other countries where I have lived. Any thoughts on this issue. It has been suggested to me that the Brasilian government may be retaliating against British passport holders as a result of the recent David Miranda decision in the UK courts.

  • hi kevin 🙂 thank you so much for your post. I have a question, I’m from venezuela and I’m working as a teacher (english and spanish) here in Brazil … today I’m going to the policia federal to get my extension on my tourist visa of 90 days more but the semester where I’m working ends at the end of july and I would be here legally just until the end of june. my question is if I stay here until the semester is done can I pay the fine? it doesn’t matter if I am not american?

  • Hey,
    Me and my girlfriend have been in a relationship for 3 years, her being Brasilian and me being a New Zealander, i would like to get the partnership visa but dont know how to prove anything, i mean we are young, im 20 and she is 19, i have already used a working holiday visa and lived in Brasil for 1 year, spent 3 months apart and im back in Brasil again, but finding the tourist visa is not that great. We dont really want to go into a stable union cos that is pretty much marriage which we are not ready for, any suggestions?….oh and also extending my tourist visa, when should i extend, is it 90 days on top of when i entered (180 days) or is it from when i apply making it less than 180 days???
    thanks very much

  • hi, I was in Brazil for a total of 102 days, 12 days over the 90 days, I went to colombia for a month, i know i have a fine for the 12 days over but i need to go back to brazil and im worried i wont be allowed back in, can someone help

  • hey
    i really want to go for the world cup, but i didnt have time to make a visa !
    What are the risks of entering illegaly ? is it worst than overstaying ?

    • If you enter at any Brazilian international airport, the first Brasileiro you will meet is a border patrol agent and they will check for a valid visa. In fact, you may not be able to get on a plane to Brazil without a one of some kind (tourist, student). Semi-unrelated…but True story: when I flew from from Cali Colombia to Rio, the airport agent in Cali would not allow me to board the plane without evidence of a return ticket – different countries, different rules. Crossing the border by neighboring country, (road or foot)..I have no experience with that but would strongly discourage trying to bribe someone to let you in.

  • Hi…

    Please can somebody help me here I am being driven crazy trying to get some guidance on what to do with my situation…

    I am an Englishman living in Teresina in the Northeast…just like most of us I came here on a tourist visa and it will expire in two weeks…

    I have a job offer from a small english school here which will help me apply for a temporary work visa…I have a a few questions…

    1: Using the MTE site, once I am given a ‘protocall number’…I gather this overrides my visa…my question is…how long is that number valid for???

    2: I am considering staying here illegally when my visa runs out…I am more than a bit terrified of doing so……We are considering getting married but her parents would like us to be together for six months or so first here… If we marry…could I start work legally immediately we are married?

    3: I bought health insurance before i cam which is valid for a while yet…but only covers the public health service…is there a way I can join UNIMED or another similar health plan….the problem is they are all asking for an I.D card….which as a foreigner on a tourist visa I cannot get. I have the CPF and proof of address which is the other requirements…..

    Im getting contradictary advice from everywhere here in brazil and would appreciate some advice from any of you with experience of this.
    Thanks
    Aaron

  • here is my story. i am from the eu country. i have married a brazilian last year and my permanencia is in process. the problem is, we got so bad with this chick that we are about to get divorced very soon! we already live separated and she is pushing me to go to cartorio to ask for divorce. my protocolo is valid for a bit less than 3 months. i put my heart and mind here i have nowhere to go back what to do in this situation.. i am wondering just not to go to pf for any extension of a protocolo or tell them anything because after 3 months i will probably be divorced already. thats a question what happens if get divorced during visa provess. she is NOT about letting us be ”married” just for me to get a visa. sacanagem. any advices? i am working as a carpenter with no carteira signed. valeu boa noite galera

  • Dear Kevin,
    here is my story, i got in Brasil by the tourist visa, and i wanna change my visa type to student visa for staying longer and learning portuguese. I know that i can enroll a Portuguese course in a public university to get the student visa, but my problem is the Brasilian government ask me to go back my own country for changing visa type. And my country is Taiwan, it is super far for me! its crazy that i spend almost USD$3000 and 36 hours for flying back Taiwan, and changing the visa!
    I wonder if there is any other way to get student visa in Brasil?
    Or if i can apply it in another country which is closer to Brasil, like USA or Canada?

    Please help me…Thank u very much!!

    best regards,

    Daisy Fan

  • Hello, I need some advice, this is the second time i have over stayed my visa but this time it isn´t my fault as last year I went to the Federal police and they gave me false information stating that i could not update my visa when i actaully could have ( I am Australian and can stay here for up to 180!!) its now well and truly over 180 days and I am intending to get married to my Brazilian fiancé who i have been engaged with for over a year… the problem is we spent alot of money gathering all necessary documents ( sent from australia, translated and officaily stamped…..) but when we commenced handing the documents into the catorio they stopped the procedure and told us that we could not get married without me having a valid visa. I went to visit the federal police here in Fortaleza, Ceara and they told me i had to leave within 8 days and spend 6 months away and pay the $R850.00 mute… I then got a lawyer but that didn´t get anywhere, Today an idea came to mind which leads to My question of possibly resolving this…… If I left and got married in Colombia ( or another close by South American country) would i have to wait the whole six months to come back…> Or just the time it takes for my marriage to become valid> I have been living without a visa for some time…. but now i want to buy a house with my fiancé, get a car without having to worry and have more rights within my work……. can you please help me>

    Maree 🙂

    • Hello, i was wondering what happened with your case? I have a similar case .. my life is here..my boyfriend and i have been together over a year andw half we want to get mqrried but my visa is expired

  • hi Kevin,
    i am currently illegal in Brazil i extended my visa one time and went to argentina i needed to pay a little fine(no problem) but i needed to go back to brazil. so i skipped the border at iguaçu (what is really easy by the way) but now i’m illegal in this country. i am planning to return to Belgium in January but after staying there for a couple of months i want to return to brazil again. to start a life here. what are my risks and what should i do?
    Thanks a lot
    regards
    gianni

    • Hi Gianni,

      as a fellow Belgian going to the same region in Brazil, can I ask you some questions? What kind of visa did you extend? Your tourist visa? I find so much unclear information online. I thought Europeans couldn’t extend their tourist visa and they couldn’t extend a student visa either, that’s only reserved for US citizens?

      Thanks!

    • Hi Gianni,

      as a fellow Belgian going to the same region in Brazil, can I ask you some questions? What kind of visa did you extend? Your tourist visa? I find so much unclear information online. I thought Europeans couldn’t extend their tourist visa and they couldn’t extend a student visa either, that’s only reserved for US citizens?

      Thanks a lot!

  • Hey there! First of all thanks for this great website with so many advices. Its exactly what I was looking for. Here my question. I’m illegal as well and its the second time that im illegal I want to go on a domestic flight and im wondering if they will check my visa since I’m not crossing the border…? Thanks !!!

  • Hey there! First of all thanks for this great website with so many advices. Its exactly what I was looking for. Here my question. I’m illegal as well and its the second time that im illegal I want to go on a domestic flight and im wondering if they will check my visa since I’m not crossing the border…? Thanks !!

  • Hey Kevin!!

    I have a Canadian passport and a visa to stay 180 days a year for 5 years. My last trip to Brazil I overstayed by 2.5 months. When I left immigration, the guy got confused and thought I had a 5 year visa and therefore didn’t realize I was illegal (lucky)!
    2 questions: Do I have any chance of going back to Brazil before waiting another 180 days. 2. Do you think that upon entering, immigration will realize that I was illegal the time before? I am in LOVE with Brazil and can’t imagine waiting another 6 months to go back. Would appreciate so much if you could respond:)

    Kessia

  • Hi Kevin,
    Thanks for your info. I’m from the PNW too, but living in Rio. Want to stay 1-2 years. After my tourist visa I don’t know if I should stay illegally or try for the student visa…my problem is that I have a theft charge on my record, therefore don’t have the ‘non-criminal’ record that they ask for. Have you heard of people being approved for student visa with criminal history?
    Thanks! Ryan
    rglassmoyer@gmail.com

  • hello everyone, Kevin,

    So, in February 2016 I am looking to move to Maceio to be with my partner until he completes school, of which will take three years.

    I’m most likely looking at overstaying a tourist visa as the only way I can stay for the whole time, as they do not have marriage for homosexuals as an option.

    I would stay the entire three years, never leaving the country.

    So, it seems it is possible, yes? Housing wise, would I just need to find someone willing to house me under the radar? Job under the table? He would be living with his family, which currently does not know of our relationship, so that might not be an option. (However, I feel as our relationship continues, and he realizes this is the only way I’m going to be able to stay, he may inform them about us and perhaps more opportunities can open up).

    Just looking for any input. I am a very passionate, driven person. I am willing to do this, anything, to be with my partner. After he completes school we would come back to the states.

  • Hey,

    I am in a similiar predicament. I head back to Brazil (from the USA) a week from now and currently have 10 days remaining on my 180/days per year on my Tourist Visa. I’m in process of receiving a permanent visa (Investor Visa) and it should be completed in the next month. If I overstay my 180 day limit will I have any problems receiving my permanent visa? I know that I will have to pay my fine, but is there anything else I should be concerned about?

  • Hello I am a Ukrainian and wish to run away from this stupid county to live in Brazil forever. Can you tell me if I can live peacefully for rest of my life on an expired visa in Brazil?

  • I am a Ukrainian man and want to run away from this stupid country and live in Brazil for rest of my life can I live peacefully in Brazil on a expired visa without worry of any problems?

  • Hi everyone
    i am in Brazil at the moment on my tourist visa finishing in 10 days (already extended) i want to get marry with my girlfriend and my questions are

    1, can i get marry even after my visa finished? ( because i have to apply for get the marriage date 1 month in advance and my visa finishing in 10 days )

    2. what is documnets i will be needed to get marry ?

    3. what papers will be required for getting the marriage date?

    4. how much getting marry in brazil will cost ?

    5.how long it will take to get permanent visa after getting marry ?

    friends please reply asap as i am in a big hurry
    thanks

    • Ask the PF. They may extend you stay legally for you. You can also ask at a cartorio.

      You have to prove that you can legally get married and those documents, from your home country, have to be officially translated.

      See above.

      The cost of getting married here varies by location.

      About a month usually. Maybe less.

  • OI,
    With the tourist visa can I buy my plane ticket to Brazil for six months and than apply for the 90 days extension while in country?

    • Yes. You have to check the PF site online to see what location near where you’ll be staying processes visa extension requests.

  • hey man nice text, very helpfull! I need some advice. Here’s my situation, i am illegal for ”4 days” actually i didnt ask to stay for the extra 90days, i’m canadian so i should be able to stay that 180 without payin it. i’m leaving soon so my extra 180 days should be 34, i’m ok to pay. BUT! I have 2 questions:

    1—- will i be penalize to come back as i should normally be able 6 month after?

    2—- I wanna travel in the country by plane cause i won 300R$ with Azul Voos. should i go to the Policia federal to pay my due right now? cause im afradi that they check my illegal visa….and i’m afraid to get kicked out!!

    obrigado people

    Adam

  • Do you know what happens if I have 2 different passports. For example both passports that I hold – UK and Poland let me stay in Brazil for 180 days in a calendar year. Does it mean that after using 180 days on one passport, I can go abroad and come back on other passport? I have a apartment in northern brazil and online business so spend here a lot of time. Not keen to spend time in Europe unless it’s 2-3 nicest summer months :/

    • I am not an expert, but I would advise against doing that. You may have 2 passports, but you are still one person, and you are only entitled to the days allotted to you on the passport you enter on. I imagine you would come up in the system as the same person, regardless of which passport you use. If you do business in Brazil and you own property there, it may not be worth the risk of getting in trouble trying to do that…

  • if you overstay your tourist visa, can you pay your fine on the way out and then apply for a new volunteer visa in your home country? will the over-do fine prevent you from getting the new, legal visa?

    • You can pay before you leave or you can pay when you return. If you plan on applying for a visa in your home country, try to settle the bill before you leave. Once the fine is paid, you are fine – it won’t stop you from getting a new visa in future. However, you need to ensure you stay out of Brazil long enough to be eligible to come back in (foreigners can only stay for a certain number of days in Brazil each year as a tourist)

      • Need fast advice please ! I fly to Argentina in 2 days out of São Paulo GRU airport. How much earlier should I arrive to make sure i do not miss my flight since I am expecting to get my fine for overstaying by 30 days? I hear you get sent back to a different room and have to sign a form acknowledging you promise to pay the fee ? Does this process take a long time ? I plan on paying the fee later when I return so that I can’t make it out faster. If 3 hours early before an international flight is the “norm” would 4 hours early give enough time to deal with this fine without missing my flight ???

  • Hello Could anyone answer my question? I am a teacher and got an offer from a Brazilian family offering nanny/teaching services for their kids and language services for himself. My future employer wants to help me apply for a tourist visa first and then before the 180 days tourist visa expire help me apply for a work visa? He told me that work visa is complicated then tourist visa. Does that a good idea?

    On the one hand, I love the job itself, on the other hand, I don’t want to do anything illegal such as using a tourist visa working temporarily before the formal work visa issued . What should I do? Do I accept the offer or just refuse? Actually, I am qualified teacher, if I work in my own country, I could earn more than the salary I will get from my new boss. I love to experience different culture, it is another reason that I want to work at Brazil.

    • Work visa will cost him approximately R$30k. It’s not hard to get once the fee is paid. There is no problem going to Brazil on a tourist visa and then getting the work visa. Many people do that.

  • You can pay before you leave or you can pay when you return. If you plan on applying for a visa in your home country, try to settle the bill before you leave. Once the fine is paid, you are fine – it won't stop you from getting a new visa in future. However, you need to ensure you stay out of Brazil long enough to be eligible to come back in (foreigners can only stay for a certain number of days in Brazil each year as a tourist).

  • Hi Admin,
    Thanks for the advice. I am from Guyana and is here in Brazil illegally for almost a year and is hoping to return back to my country in few months, Guyana does not require visa to come to Brazil, just a normal passport. I have a question, is it possible I can open a Bank Account with my CPF, passport and proof of address while being illegal? If so at which Banks can do this and what are the requirements? If NOT what advice can you give?

    Thanks

  • Hello, I am a little confused, I left Brazil (Rio) on August 1st after having overstayed 4 months, they got it wrong and only thought I overstayed 58 days and gave me a fine.

    1-I was not allowed to pay the fine there and then, they said I can only pay the fine after I have left/before I returns and recommended I scan and send my fine to have a friend pay it for me in Brazil (I found this very strange!)

    2-They mentioned absolutely nothing about the 6 month ban and there is nothing written on my fine about the 6 month ban, so how I am I supposed to know about it? I have heard they are getting more serious about enforcing it and with the Olympics this year they have become more organized but I plan on returning in November, 3.5 months after I left and am thinking it’s worth the risk? I can’t imagine they would not let me in and I can easily plead ignorance?

    Any feedback is very helpful, this is a helpful page but would love more recent information.
    Thanks!

    • Good night Valerie!!! I Live in Rio de Janeiro and did not understand what happened to you , email me to see if I can help it. I am very sad when confusing things happen to foreigners here , send me an email to annalucakes @ gmail.com, if you want .

    • Need fast advice please ! I fly to Argentina in 2 days out of São Paulo GRU airport. How much earlier should I arrive to make sure i do not miss my flight since I am expecting to get my fine for overstaying by 30 days? I hear you get sent back to a different room and have to sign a form acknowledging you promise to pay the fee ? Does this process take a long time ? I plan on paying the fee later when I return so that I can’t make it out faster. If 3 hours early before an international flight is the “norm” would 4 hours early give enough time to deal with this fine without missing my flight ???

  • For a person who came to Brazil from the United States on a Brazilian tourist visa (valid for 10 years in reference to expiration date) and stayed for a little over a year, when that person leaves Brazil, would they be able to return to Brazil again on the same tourist visa or would the visa no longer be valid because they overstayed the 90 days without an official extension?

    • Tourist visas normally expire 90 days after first entry. If you didn’t extend it from within the country then you will need to apply for another visa.

  • This is full of so much bullshit it’s funny.

    Crack down? LOL. When? Where? Three years after this fool wrote this and there still is no crackdown. Also, the fine for overstaying is R$8.28 per day, not R$8.50.

  • I have an enquiry regarding marriage. I arrived in Brazil this time on the visa exemption during the olympics. I have now overstayed the 3 months allowed on this visa. I am planning on getting married here in Brazil in May to my Brazilian fiance. We live in Goias and I am just wondering if I will encounter any issues when we go to the cartorio to register our marriage? Will I have to pay my overstay fine before we can get married? And will I then need to apply for another tourist visa? Or no ?
    I am confused about what will happen and a little concerned that I will encounter some issues. Also, once we are married, am I entitled to a visa?
    We plan to do some travel after our wedding, and I am unsure if I will have issues leaving and reentering Brazil.
    Any advice would be appreciated!
    Thanks

  • Need fast advice please ! I fly to Argentina in 2 days out of São Paulo GRU airport. How much earlier should I arrive to make sure i do not miss my flight since I am expecting to get my fine for overstaying by 30 days? I hear you get sent back to a different room and have to sign a form acknowledging you promise to pay the fee ? Does this process take a long time ? I plan on paying the fee later when I return so that I can’t make it out faster. If 3 hours early before an international flight is the “norm” would 4 hours early give enough time to deal with this fine without missing my flight ???

  • My cousin is in Sao Paulo. An illegal agency hired him. He wants to leave having overstayed by 600 days. How much would he have to pay and where does he pay this. Many thanks

  • I have a questions, if you overstayed your visa in Brasil and your Passport is expiring can your embassy report you to local governament when you renew? Can you use the New Passport for domestic identification purposes?

  • If a situation arises that a person is deported, is it possible for that person to return to Brazil in the future? Or does that permanently ban that person from returning to Brazil again under any circumstances?

    • Not sure about this one! You’d better contact the Policia Federal or your local embassy for an answer. I imagine that being deported doesn’t mean you need to stay out forever.

  • Hey, I am a Romanian, living in Brazil for a year now. I opened a company here, and because of the delayed process I ended up staying longer than the 3 months permitted. Now, I have a relationship with a Brazilian citizen for a year and a half, and we have a year living together. What are my option to legalize my stay? We are trying to get married, but everywhere they are requesting the valid entry visa.

    If you have any clue, please let me know.

    Thanks

  • I have a variety of questions for anyone who has feedback/answers, etc. I am Canadian/British with two passports only use my British as Canadians need visas (although as of this year that might change)

    -I entered Brazil in 2015 on September 28th, left on March 1st 2016 for a week (so 5 months of having stayed-had extended my 90 day visa for another 60 days) and re-entered around March 7th.

    -I left August 1st, I thought they would count my overstay as of the 28th of September and having stayed 10 months in the country and only allowed 6, my fee would be around 4 months worth. It wasn’t they only counted my stay as of my RE-ENTRY date on March 7th. I think this was a mistake by the officer? They should have counted starting on August 1st?

    -I heard rumours that you are not allowed back in for 6 months although that is not officially written anywhere and I wasn’t told that. Not wanting to take the chance and wanting to come back 3 months later I entered in November 2016 at Cidade Del Este and skipped immigration. Had a huge problem at the bus station trying to get a bus up to Curitiba, they wouldn’t sell me a ticket if I couldn’t show them an entry stamp (WTF!!??) but I managed to get a dodgy bus up to São Paulo and then home to Rio.

    -I am going back to the Paraguay border in July to cross back out without a stamp and then cross back in LEGALLY as a tourist. Will pay my fine. Does anyone know if this process is questionable? Will they ask for an exit stamp from Paraguay? (I don’t plan to get one as technically it will look like I had been there for 8 months). Any feedback on the Paraguay side or anything to look out for as an overstayer coming back in 11 months is much appreciated.

    -I then will travel to Canada in September for a couple of weeks. Does anyone know if they ask a lot of questions, for proof of a return ticket, etc if you are here for a few months, leave for a couple of weeks, and then come back? Does that look dodgy?

    -Should I then start the clock ticking on my 180 days of tourist visa as of July when I enter or as of October when I come back from my 2 week trip?

    Getting information on this is very difficult even knowing lawyers! Everyone always just says “tudo vai dar certo” and in fact I’m sure that’s true but any feedback is hugely helpful!!!

    Sorry for the long post but I’m desperate!!! Considering the student visa-which is expensive-and might get a work visa, fingers crossed!
    Valeu amigos!! Beijos!!

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