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Overstay: can't figure out why

I decided to open a new topic: as I wrote before, a friend of mine got a fine for an overstay of 19 days (/en/forum/south-am 鈥 ml#6123527), and we can鈥檛 quite figure out why:

according to the rules, he should be allowed to stay two times 90 days within a year, and the last time he was in Brasil, he stayed from October 21 (2025) until January 21, which should be about 90 days, maybe 91 or 92 at worst. So he left Brazil on January 21 and came back on March 17, believing he would be allowed to stay another 3 months. And if his mother hadn鈥檛 died, he would have stayed until June 17, but since this happened, he left early (yesterday), but he still apparently overstayed 19 days.

Does this make sense? I have a hard time believing that it鈥檚 an error, since these things appear to be calculated by their software.

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In the meantime, I have a theory what might could have happened: this friend has had a long overstay about 4 or 5 years ago, approximately 45 days (don鈥檛 remember the exact number), with the full 100R/day fine, so almost 5000 R$. Back then he paid the fine in full, but everytime since then, every time he went through immigration they told him that he hadn鈥檛 paid the fine yet. What鈥檚 worse is that after a couple of years, he lost the proof of payment鈥. So last time when he left the country, in January, they asked him again why he hadn鈥檛 paid the fine yet, but this time he asked to speak to a superior officer, who apparently checked with the PF in S茫o Paulo and could see that the fine had been paid.

So here鈥檚 what I think: could it be that they updated his file regarding his fine, but not regarding his overstay, meaning that in their system, it still says that he doesn鈥檛 get the full 90 days, because he stayed too long back then? I know it鈥檚 a bit convoluted, but so far, it鈥檚 the only explanation I can see.

05/27/26 @Kurterino.聽 Let's do a dive into the higher mathematics of countries that rate a "4*" on the QGRV, of which Switzerland, like most Schengen countries, is one.聽 The "*" means " M谩ximo 90 dias de estada a cada 180 dias.".聽 So your friend CAN have two 90 day stays in Brazil in a year, but they have to be split between two 180 day periods.聽


When he arrived on October 21, 2025, he could stay for 90 days during the 180 day period ending April 19, 2026.聽 He stayed for 92 days -- remember, arrival day and departure day each count as One Full Day, even if a person is only in Brazil for a few hours on either one -- so he was already two days in the hole.聽 聽(That, and the fact that months vary in length, is why people who cut it close should always count days, not months or weeks.)聽 When he returned on March 17, the overstay clock just started right up again for him, and he added another 15 days in March.聽 So we're up to 17 days.


I'm just guessing from here, but It looks to me like, on April 1, October 2025 dropped off your friend's six month calendar, and the PM system started a new 180 period for him, with a clean record except for overstays to that date.聽 Nice of them if true.聽 And if the system dinged him again for March 31 as a "departure day" and April 1 as an "arrival day", that would round out the 19 days.聽


I still think that the reduced fine was consideration for his bereavement, and the fact that he was leaving early served as confirmation that he was being truthful.

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@abthree

Wow, thanks a lot, that totally makes sense. And it also explains that when I arrived in Brazil last month, they told me I was allowed to stay 55 days instead of the 90 I was expecting (I forgot to renew my retirement visa before it expired last September, and for personal reasons I decided to reapply next month, and spend the (European) winter as a tourist in Brazil. Now these 55 days totally make sense).

My friend isn鈥檛 very good with rules and regulations, so I try to advise him if I can. The reason that I never realized that the two 90 day allowances must be in two different halves of the year (I don鈥檛 know how to say it correctly in English, but it should be understandable) is that my friend usually used to stay long enough in Switzerland before returning to Brazil that it didn鈥檛 matter, it literally just so happened (since Covid) that he never overstayed purely by being lucky.


So, in the future, if he wants to stay 180 days per year in Brazil, he will have to consider his two last stays in Brazil when planning his next stay, otherwise he will either have to stay less than 90 days or pay the fine for an overstay. Which could maybe even end up in tougher sanctions if he does it regularly. As he experienced with his last overstay, their聽 immigration software doesn鈥檛 forget.

Also, if I remember correctly, if he comes to Brazil the next time, they won鈥檛 let him stay 90 days, but 90 minus 19 (his overstay), correct?

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Now that it鈥檚 established that the multa will have to be paid, there鈥檚 another problem: he has not received any information as to how to pay it. The last time (3 or 4 years ago), they gave him a document which stated the reason and the amount of the fine, plus information as to how to contest it, and another document with the payment information (boleto?). However this time he received only the first of these two, hence he doesn鈥檛 know how to pay. I advised him to write an email to the address on the multa document, but it鈥檚 a bit confusing that they make it kind of difficult to pay.

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05/27/26聽 Also, if I remember correctly, if he comes to Brazil the next time, they won鈥檛 let him stay 90 days, but 90 minus 19 (his overstay), correct? - @Kurterino

I think that once he pays the fine he gets the days back, but I'm not sure, so I wouldn't count on it.聽 His best bet might be to stay home until there's no longer any doubt.

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In the meantime, he checked his last 3 flights (because the stamps in his passport aren鈥檛 very readable), and now I鈥檓 really confused . Here鈥檚 why:

Last year, he arrived on March 18 and left on June 16, which is pretty much 90 days.

Then he came back to Brasil from October 21 to January 20, so another 90 days. After that, he arrived in Brazil on March 17 and left on May 25, when he received a fine for 19 days of overstaying.

So here鈥檚 what I don鈥檛 get: If 鈥渉is鈥 180 days started on October 21, he would have had an overstay of 3 or 4 days, since he arrived here on March 18 of last year, which would mean that the counter was reset on March 18 2026.


What am I missing?

05/29/26 What am I missing? - @Kurterino

You're probably not missing anything, you're just overthinking it.聽 Seriously. 馃槀


The March 18 - June 16, 2025 is irrelevant because a new 180 period started on October 18, 2025, and he doesn't appear to have overstayed then.


He overstayed his October 21 trip by one day:

October 21 - November 21:聽 聽 聽 31 days

November 21 - December 21:聽 30 days

December 21 - January 20:聽 聽 聽 聽 30 days


Total:聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 91 days


They didn't fine him for that, so they probably deducted it from the time available to him on his next arrival, and he was already in an overstay status from the jump because he was still in the 180 days that started on October 21, 2025.

05/29/26 What am I missing? - @Kurterino
You're probably not missing anything, you're just overthinking it. Seriously. 馃槀
The March 18 - June 16, 2025 is irrelevant because a new 180 period started on October 18, 2025, and he doesn't appear to have overstayed then.

He overstayed his October 21 trip by one day:
October 21 - November 21:聽 聽31 days
November 21 - December 21: 30 days
December 21 - January 20:聽 聽 30 days

Total:聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽 聽91 days

They didn't fine him for that, so they probably deducted it from the time available to him on his next arrival, and he was already in an overstay status from the jump because he was still in the 180 days that started on October 21, 2025. - @abthree

Yes, but if I add 180 days to October 21 of last year, that makes April 29, so to not be in overstay, he should have come back on April 29. Instead he came back on March 17 (or 18), so he should have an overstay of almost 40 days, right? Instead he got 19鈥.thats what I don鈥檛 get.

@abthree

WE have a coupler of sites that have a calculator over here in Europe so people don't over stay, maybe you have the same? But I always give the advise don't go to the maxmimum always give 2 days grace. Anything can happen, delayed flight etc... you might have an understanding officer or you might not and could be a right ass.

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05/29/26聽 聽Yes, but if I add 180 days to October 21 of last year, that makes April 29, so to not be in overstay, he should have come back on April 29. Instead he came back on March 17 (or 18), so he should have an overstay of almost 40 days, right? Instead he got 19鈥.thats what I don鈥檛 get.
- @Kurterino

Except that the 180 day measurement period works for countries with the asterisk the same way that the 360 day measurement period works for countries without the asterisk:聽 it's a rolling calendar with increments of one month, and each time a new month is added on the front, the oldest month drops off the back.聽 On April 1, 2026, October 2025 should have dropped off his rolling calendar, and automatically would have if he had been out of Brazil.聽 As I wrote in Post #3 above, I think that the system let that happen and started a new 180 day measurement period for him on or about that day.聽 If so, that wouldn't have erased his prior overstays, but it would have stopped him from accumulating any more.

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