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.

The fine will be issued to you when you go to the Policia Federal for your permanent residency appointment. You need to pay the fee, and your immigration status in Brazil reverts to normal again. The fact that you now have a Brazilian child means that the slate is wiped clean straight away.

However, if you overstay your visa and you do not have a claim to permanent residency (i.e. if you aren’t the parent of a Brazilian child or you do not have a Brazilian spouse, etc.) then you are issued with your fine as you leave the country. 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.

22 thoughts on “What happens if I overstay my tourist visa in Brazil?

  1. whatshouldbazdo says:

    Hi. I’ve overstayed my visa here in Brazil and have a flight reserved to leave later this month.
    This post made me feel a little better. I have seen the federal police before and they instructed me the same as you say in here. However, I have heard rumours lately of the fine being increased dramatically and was a little worried. I also wasn’t certain whether I would have to pay the fine on the way out or on re-entry (should I return someday).
    Fingers crossed that the rules are the same as you’ve mentioned above and haven’t changed at all 🙂
    (If you know of any changes, please, do tell.)

    • ilikewords1 says:

      We know there have been some changes to immigration laws in Brazil recently, but to our knowledge, the procedure on overstaying remains the same. You will be issued with a bill when you leave, which is to be paid upon reentry. Boa sorte!

  2. Eric says:

    Hello, hopefully you can help me with my situation. I came back to the US in late January 2015 after having overstayed in Brazil enough to pay the maximum amount. I actually paid my fine before I left, however, the Banco do Brasil at the Policia Federal in Sao Paulo messed up somehow (I can’t remember exactly what happened), but I was not able to get my receipt that I paid from them. So, I ended up leaving Brasil without proof of payment, even though I had paid my fine. My Brazilian fiancee (now my wife) ended up getting the situation resolved with the bank and the Policia Federal a week after I left. Would it be in their system that I paid the fine? She has the receipt on her as proof that I paid. She is in Brazil, having been back home after a 5 month visit in the US (where we got married) in 2016. I sure hope it would be in the system, as I have no interest whatsoever in paying the fine again when I already paid it once. I’m not sure if you’ve heard of a situation like this, but in any case, I’d like your input. I’m leaving the US to go back to Brazil on the 24th of next month (February).

    • ilikewords1 says:

      Hi Eric, my advice would be to get the proof from your wife that the bill has been paid/resolved, and take it with you when you travel. It should show in their system, but no doubt carrying proof will help them find the payment, should there be any problems. Boa sorte.

      • Eric says:

        Thank you for the response. My wife is in Brazil now, I don’t know if there would be a way for her to give the receipt to me. That’s if she’s able to send it over the mail in time, and right now, I’m just a shade over a month away from flying out, so it’s going to be very close. I know she has the receipt somewhere, it’s a matter of her finding it in her room. But I’m not sure if it will be in time for when I leave. But in any case, I do appreciate your help.

    • Eric says:

      Ok, I will try to make this happen. Thanks so much! And by the way, I checked on the rumors regarding the fines being increased drastically, and it seems that it is true, the fines are now 100 reais/day up to 10000 reais (for 100 days and over) maximum, effective supposedly in November 2017. So, yeah, it looks as though Brazil has gotten serious in regards to the fines on visa overstays, but yes, you’re correct in that it’s still the same procedure. Estou com gratidao para seu apoio, muito obrigado!

  3. Manuele says:

    Hi, thank you for this wonderful resource about giving birth, it helped aot me and my girlfriend.
    We gave natural birth in Bahia a month ago and now we are looking to obtain the rne (the foreigners id), we already applied online and paid the tax, we just need to show up at policia federale with the documents.
    The only problem is we live 11 hours away from policia federal in Salvador and we would like to wait a few weeks more before to travel with the baby but unfortunately by the time we will have the chance to show up at policia federal our 90 days permit will expire, we will be 1 week late.
    Are we supposed to pay a fine even if we have a brazilian child? (we are italians by the way)
    Will this have legal consequences, including problems in obtaining the brazilian passport?
    Also, I tryed to schedule an appointment to policia federal and the first available date is way too late next month. Do we have the chance to get attended if we just show up at policia federal? thank you for your kind attention and help

    Manuele

    • Christian says:

      Hi there, Thanks for your comment. Yes, if you overstay you need to pay a fine, however, if you had an appointment booked BEFORE your visa expired, you should be okay. Check this with the Federal Police, as this is the protocol at the PF in Floripa. Also, I think it’s unlikely that you’ll be seen if you just show up. Much better to ask the PF when they release new appointment dates/times on their system, and just be online then and try to grab an appointment as the new slots go online. Boa sorte!

  4. Chekwa says:

    Hello.

    Just a quick question. I am currently here in Brazil and having a discussion with my boyfriend (Brazilian) about the fees and charges. He kept on telling me that the 100brl is not true. Can you give me something to prove him that it is? My tourist visa will expire on Mar26. I don’t know what to do and making me anxious thinking about the fees that I need to pay if I overstay cause he wants us to go out of Brazil by April. It’s hard to discuss this to him and feeling like I’m making a fool out of me whenever I try to explain.

    Thanks for the help.

    • Christian says:

      Hi Chekwa, Trust us – it’s real. It seems like a pretty drastic jump, but we have been in touch with people who are being charged the new amount… So our advice would be to leave Brazil early or extend your visa at the PF.

    • manuele says:

      The new law is absolutely true, fine is 100brl per day, no question about it.
      My friends already had to deal with this and there is a massive run out of the country.
      You can find more about it on policia federal web site.
      Good luck

  5. Kaira Prado says:

    Hello my visa is about to expire in 3days but I am currently pregnant and about to give birth here on May 18 I am married to Brazilian but I cannot do the process due to my husband is working on a cruise ship and needs him to be the one registering. So my question most probably I will overstay for 60-70 days so means I need to pay the 100reais per day then I can apply residency visa? Thanks for answering!

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