Immigrations laws aren't a joke and they apply to everybody

11272POSTS

12 years ago

http://www.paraiba.com.br/static/images/noticias/normal/1336586296688-deportado.jpg

It never ceases to amaze me the creative measures that people think up to try and evade immigrations laws, enter Brazil without the authorization required to do so, or to try and re-enter the country sooner than they are entitled to do so using any means possible.

Just remember that as a tourist NOBODY is permitted to remain in Brazil for more than 180 days (maximum) in any one year "rolling" time block. It does not matter if you have 10 different passports, trying to re-enter using a different passport once you've used up your 180 days is an immigrations violation.

PLEASE DO NOT ASK ME FOR ADVICE REGARDING THIS PRACTICE. THE ONLY ADVICE I WILL GIVE YOU IS DON'T DO IT.... IF YOU TRY, WHATEVER THE CONSEQUENCES MAY BE, YOU DO SO AT YOUR OWN RISK. YOU WILL NOT LIKE WHAT HAPPENS.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

1 member reacted to this post

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Melissa Lindsay Active member

27POSTS

12 years ago

I think I have been given a window of opportunity, via Pairs and Moscow.聽 A friend of mine is getting married, in Russia.聽 Could I apply at the Embassy/consulate in St. Petersburg, will be there for 2 weeks, but have to get a visa in France, for Russia, plus with an EU passport, will be staying with a friend just outside Paris, would it be advisable to apply in France or Russia for my visa to Brazil.聽 I have a work certificate/acceptance for a company in SP. Your assistance would be grateful.

Kind regards

James ViP

11272POSTS

12 years ago

Melissa, you usually have to apply for the visa where you reside since the process IS NOT a quick one and usually also will involve a personal interview at the consulate St. Petersburg would definitely be out of the question.

Also there will be some documents, such as Criminial Record Check and Birth Certificate that can only be "legalized" by the Consulado-Geral do Brasil in the country which issues them.

Where are you presently, your avatar says S茫o Paulo?

James ViP

11272POSTS

12 years ago

One observation that I will make to all you people that spend so much time and energy trying to find ways to beat the system (and I think that really is due to cultural and age factors in most cases) is that while you may consider Brazil a developing nation, backwards it still makes use of some pretty sophisticated technology.

While some at the Federal Police may not seem like the brightest bulbs on the Christmas tree - think about this:

If YOU can think of a scheme to try to get around some immigrations rule, don't you think that they've already been able to do so too?

Just because you may have heard that Brazil doesn't take visa overstay too seriously, that doesn't mean the sit still with their arms crossed when the subject is other kinds of immigrations violations or fraud. Also word on the grapevine is that they are also moving towards a much tougher stance on overstays too.

TigerMcTeague Active member

94POSTS

12 years ago

The United States has never really cracked down on immigration in its history, nor has it every tried to makes its immigration system work smoothly. If the United States can't do that then Brazil can't do much either. While I get kind of pissed that I can't get my immigration process worked out smoothly I know I don't have much to worry about regarding the laws on immigration as there are just too many organizations in one country with contrary regulations and operations.

Also, I know that the original post was about disregarding a tourist VISA overstay, in which I agree that no one should ever intentional overstay a tourist VISA.

Adauto Contributor

135POSTS

12 years ago

And how is the rule in EUA and Canadian

usmc_mv ViP

1049POSTS

12 years ago

Adauto wrote:
And how is the rule in EUA and Canadian

In the USA, overstaying your visa is a serious offense and if caught will result in 5-10 or potentially a lifetime ban from entering the United States. It can also result in fines as well.

Even unintentionally, it does not matter. There is no excuse - most people that have a paper visa went through a very difficult process to get it so it would be hard to believe and accept a "oops."

Canada's immigration laws are very similar to the US. And both countries share criminal/immigration data. Therefor, overstay in the US you technically overstayed in Canada because they won't be issuing you a visa either for a long time.

usmc_mv ViP

1049POSTS

12 years ago

TigerMcTeague wrote:
The United States has never really cracked down on immigration in its history, nor has it every tried to makes its immigration system work smoothly.

I completely disagree with this statement - specifically, cracked down. CBP and USCIS can only do so much and I would like to think we do a darn good job at protecting our borders and enforcing immigration law. It made difficult on purpose to get a visa. Overstays are very common and this is precisely why most foreigners find it very difficult to get a visa.

If you are referring to healthcare for illegal immigrants or other benefits that they should not be afforded take the conversation over to the USA forum. I could rant for hours on that topic.

Adauto Contributor

135POSTS

12 years ago

Matt, what about visa to study. How long it cover?

usmc_mv ViP

1049POSTS

12 years ago

#10

I'm going to be posting a sticky on Monday in the USA forum about student visas (F-1/2) as well as J-1 visas.

echole New member

2POSTS

12 years ago

#11

Very good advice about the immigration laws
Pls don't make mistakes by over stay

Amiee S Member

24POSTS

12 years ago

#12

the Brazilian government don't really help they are so slow and uncooperative!! they give you 180 days and spend half of that time on holidays making it impossible to get things done!!!

James ViP

11272POSTS

12 years ago

#13

Ain't that the truth!!!

Just like trying to withdraw money from your bank account back home at an ATM. If you don't bank with an international bank like HSBC or Citibank for example then you can only withdraw money with your bank card at the main branches of Banco do Brasil and it has to be at the right ATM which displays the network logos. Wouldn't you just know it, half the time that's the ATM that's out of order or their network is down! Typically Brazilian. I know that when I first arrived here I spent more time talking to B do B branch managers trying to sort things out than I did sightseeing.

Cheers,
William James Woodward, Expat-blog Experts Team

AndKen Member

16POSTS

12 years ago

#14

Unlike the United States, In Brazil, you are supposed to carry your identification documentation, and you are supposed to show it during bureaucratic procedures and to the cops if requested. Your driver麓s license is also linked to your identification.

That麓s why illegal immigrants are generally hidden somewhere in S茫o Paulo.

doscaminos Member

14POSTS

12 years ago

#15

Story of my LIFE!

And to that note I caution anyone who may bank with a foreign bank about the trials and tribulations of trying to take money out in BAHIA.聽 I have not once had any issues with withdrawing money all over the country (Ceara, Rio Grande do Sul, Rio, Sao Paulo, etc) but BAHIA?聽 I have been a penniless pauper there before living off the good graces of my friends and future family.聽聽Please set a serious plan B up if you are going to Bahia.聽 I literally mean the entire state too because I could not take money out in Salvador, Ilheus, Itacare, Porto Seguro.聽 Not anywhere.聽 But the second I got to Sao Paulo, naturally there was nothing wrong with my bank card or anything.

Ok, end rant.聽 But yea, it's not fun.

TigerMcTeague Active member

94POSTS

12 years ago

#16

This topic kind of digressed a little.

So, what is the forum topic on punishment for a VISA overstay.
I need to get all my ducks in a row, or at least those turtles on the R$2.

James ViP

11272POSTS

12 years ago

#17

Hi Tiger,

For a VITUR Tourist Visa overstay, the fine is somewhere around R$8,25 per day, capped at a 100 day maximum fine. The consequences other than the fine are virtually non-existent in Brazil. The overstay is however recorded in one's passport with an overstay/fine stamp that might cause problems for anyone applying for visas for or VWP entries to other nations that take these things much more seriously.

Cheers,
William James Woodward, EB Experts Team

TigerMcTeague Active member

94POSTS

12 years ago

#18

wjwoodward wrote:
Hi Tiger,

For a VITUR Tourist Visa overstay, the fine is somewhere around R$8,25 per day, capped at a 100 day maximum fine. The consequences other than the fine are virtually non-existent in Brazil. The overstay is however recorded in one's passport with an overstay/fine stamp that might cause problems for anyone applying for visas for or VWP entries to other nations that take these things much more seriously.

Cheers,
William James Woodward, EB Experts Team

Thanks. Is there a post with more specifics on dealing with this. I need to refresh my information on this as I will be leaving the country at the end of June.

James ViP

11272POSTS

12 years ago

#19

Hi Tiger,

Actually there is not one specific topic thread dealing just with the VITUR overstay, there have however been literally hundreds of questions about it posted to various threads.

Here in Brazil the overstay on a TOURIST VISA is really no big deal at all. It is nothing more than an administrative infraction subject to the fine I mentioned and nothing else. You aren't even prevented from returning to Brazil in the future. What happens is when you do return you are escorted to the airport's Banco do Brasil branch by an agent of the Federal Police where you pay the fine, then go back to the immigrations line where you get your passport stamped and you're on your way to wherever you want to go in Brazil, that easy!!!

The only possible consequences of the overstay stamp that gets put in your passport AREN'T in Brazil. They might come into play if you request a visa from another country, or if you try to enter a country under the Visa Waiver Program that you're able to enter just with your valid passport. Some nations might use your Brazilian VITUR overstay as a reason to deny you a visa or bar you from entry under the Visa Waiver Program. So, if you're not planning to travel to other countries during the useful life of your current passport there is no problem whatsoever. If you do have plans, they could run into a snag. That is not to say that they definitely will run into a snag, just that they COULD.

TigerMcTeague Active member

94POSTS

12 years ago

#20

Cool stuff.

Quick follow up here.

Better to pay before I leave or when I come back to Brazil?

James ViP

11272POSTS

12 years ago

#21

Actually I don't know if you can pay it before you leave. I've only ever heard of people who said they paid it when they came back to Brazil. You'll need to check with the Feds on that one. I'd suggest you leave yourself a little extra time before your flight to get through the bureacratic BS, but it isn't much. I'd say an extra 30 min. on top of what you'd normally leave for an international flight anyway.

jland912 Serial expat

884POSTS

12 years ago

#22

I would pay when I leave but I think it's the same cost no matter.

usmc_mv ViP

1049POSTS

12 years ago

#23

Being deported from any country other than a select few are reported to INTERPOL. Good luck,

gbclef New member

5POSTS

11 years ago

#24

I read your comment just now,,, but I want to ask if extension is possible after that 190days,,

James ViP

11272POSTS

11 years ago

#25

No, 180 days is the maximum stay per year. Beyond that one would be in an irregular migratory situation which in Brazil generates a small fine, is considered an administrative infraction only, but if you're caught in an overstay situation (chances are high) you are told by the Federal Police to leave Brazil within 8 days. If you do not leave then they start deportation proceedings.

gbclef New member

5POSTS

11 years ago

#26

Thanks sir, i really appreciate your response,,,,,, but is it possible for someone who is presently in Brazil with tourist visa to apply for working permit visa or student visa there?

James ViP

11272POSTS

11 years ago

#27

Yes you can, but by law you have to go back to your home country to collect the visa at the Consulate in person it is not delivered to you here in Brazil, you must pick it up in person.

gbclef New member

5POSTS

11 years ago

#28

Ok thanks a lot sir,,, more wisdom and knowledge sir,,,, apart from applying for student or working permit visa, my primary intention was to come to Brazil with a tourist visa and within my 180days I'll seek for an admission in any of the public university or try to get a job there in brazil so through this the school or the company that admitted / employ me can issue me a student visa/ work permit within that period of 180days,,, sir how possible is that?聽 any advise?

James ViP

11272POSTS

11 years ago

#29

It's not the company or school that issues the visa, it's the government of Brazil through the Consulado-Geral do Brasil in your home country. The company can only confirm that they're offering you a contract which would qualify you for a visa. A school confirms that you're enrolled in a course. Then you apply for the visa through the Consulate.

gbclef New member

5POSTS

11 years ago

#30

Ok sir ,,, I really appreciate your effort in taking time to respond to my question,, why am asking this all this is to avoid what happen to me this year in dubai with the same purpose will lead me back at home now in Nigeria which has subject me to total shame,scorn , failure and disappointment to parent, family and friends but i never mind I'll still try and achieve my aim of studying and working abroad I'll believe I'll make it this time,,, sir, is there any visa that combine both study and working together? How much do you think it can cost and what is the length period of expectation of the visa if there is?