What happens if I overstay my tourist visa in Brazil?

In the past, Brazil has had a rather relaxed attitude to overstaying on visas. Recent legislative change in the country has brought this era to a close, with financial penalties for overstaying increasing considerably, as of mid 2017.

Overstaying your tourist visa can happen in two cases:

  1. You’ve stayed beyond the 90 [or whatever they give you] days initially granted on your arrival card, or the 90 days granted by your extension.
  2. You’ve stayed in excess of 180 days during your 1 year period.

In the past, you would have been fined R$8.28 per day that you overstay, with the maximum fine being R$828. However with the new Lei da Migração, the fine is now R$100 per day, and the new maximum fine is now R$10,000.

If you have overstayed your tourist visa and you intend to make an application for permanent residency at the Polícia Federal, you will still be allowed to make your application. You will be given an opportunity to lodge an appeal to have your fine minimised or cancelled entirely. We can help you regularise your immigration status in Brazil and write your appeal letter. Please contact us to discuss your situation.

If you are just travelling in Brazil and do not intend to lodge a permanent residency application, you will be given the fine as you leave the country, and you do not have to pay the fine until you want to re-enter Brazil next time you travel. Please note, tourists are allowed a maximum stay in Brazil of 180 days in a one-year period, so you need to stay outside of the country for enough time for the clock to reset.

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