New Tourist overstay penalty from 8 Reais to 120 Reais ?!?!
1) Go to Policia Federal and check in there?
2) Apply for studnet visa? I am studying portuguese... how and where i can do this?
Thanks for the input!
Obrigado!
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i found out the same today. They told me at Policia Federal that it's minimum 100 reals per day and can be anything more than this as well. I dont know who decides this and based on what criteria?
Im leaving tmrw and they charged me 100 p each day i overstayed.
It doesnt make sense but they say its true.
R$100/day min, max - R$10,000 per overstay
CAP脥TULO IX -
"搂 2o A multa atribu铆da por dia de atraso ou por excesso de perman锚ncia poder谩 ser convertida em redu莽茫o equivalente do per铆odo de autoriza莽茫o de estada para o visto de visita, em caso de nova entrada no Pa铆s.
Art. 108. O valor das multas tratadas neste Cap铆tulo considerar谩:
.....
IV - o valor m铆nimo individualiz谩vel de R$ 100,00 (cem reais);
V - o valor m铆nimo de R$ 100,00 (cem reais) e o m谩ximo de R$ 10.000,00 (dez mil reais) para infra莽玫es cometidas por pessoa f铆sica;
VI - o valor m铆nimo de R$ 1.000,00 (mil reais) e o m谩ximo de R$ 1.000.000,00 (um milh茫o de reais) para infra莽玫es cometidas por pessoa jur铆dica, por ato infracional."
the two sections in bold address both things you heard. fine increased, don't necessarily have to pay it.
I heard that there has been a change in the law. You can now apply for a student visa after your tourist visa without going home first to your home country. Go ahead and check at the nearest airport Policia Federal麓s office.
robal
I'm leaving soon just to pick up my new work visa and come back a month later. I overstayed more than a year, I wonder if they will charge me for all this time by the old or new law?
The fine may just be taken out of the days you may legally stay on your next visit to the country.聽 So, if you overstayed 15 days, your next visit would only be 75 days allowed, instead of 90.
At least, that's my understanding but am talking to my attorney in Brasil about this to better understand
But if you overstayed for a year, then i dont know how will they deduct

Barbaridade tche!
robal
robal wrote:You overstayed he he, for more than a year????
From what I can gather, the change seems to have been a response to the serious issue of workers overstaying and engaging in illegal work.
The fines seem to have been put in place to make that uneconomical, thus making it a waste of time for people to work illegally.
I could be wrong but it looks a lot like that's the aim.
I happen to agree.聽 A max fine of R$800 makes it worthwhile to stay in Brasil beyond your visa without taking the necessary steps to be legal.聽 I know I've done it a number of times (however, never earning money in Brazil).
As for the fine, the absolute max, as set forth in the law (linked above) is R$10,000.聽 This certainly hits the wallet a bit harder than R$800

Per my attorney, the decision is up to the Federal Police officer you are dealing with at the time.聽
Chances are, if you stay a short time and have come to Brazil multiple times, they'll shave time off your next visit.聽 If you stay for a very long time beyond the time allowed, they'll more than likely fine you.

I left from Guarulhos airport on Monday (18th December 2017) after staying exactly 2 years (90 days legal, 640 overstay). I got a fine of R$2700. The lady told me that any extra day I'd have stayed would have added R$100. I figure they charged me for 27 days because .
She also told me I'll have to pay it when I return, no matter what visa I'll return on (a work visa in my case).
It sort of depends on what "becoming legal" in Brasil would cost... for me, it is above the US$50k/year range because of having to double pay income taxes in US and Brasil.... so for me, US$3k to overstay for a really long time isn't so bad.
Speaking of the fines the government collects on overstayers, it麓s still like a slap on the wrist. They麓re doing enforcement or protection of borders like any country does, but they also want the money. Eventually, to the disdain of the unaware, they will attach a lengthy prison process to discourage future encumbrances of the laws.
So, it makes sense to right the wrongs and do the right procedure to stay legally...
robal
Hopefully by the end of Jan '18 I'll be fully legal.
Today I have been to Policia Federal in Viracopos intentionally, to pay my punishment because of my overstaying. I was calculating 8,25 R$ per day and when I received the bill I was shocked. It has been 62 days and the penalty was 6.200 R$. They told me that I m free to leave the country without paying this amount, but next time i will not be able to enter the country. They did not give any deadline for the payment, I do not have money to pay this now, but I am afraid that if I pay later, they may add some extra taxes. I would like to have some opinions. Or has anyone found any solution in order to pay less amount of money.
Baris.
If you arrive at night, or on a weekend or holiday,聽 chances are good that they'll refuse to admit you, and send you back on the next flight to your point of origin
Eventually, to the disdain of the unaware, they will attach a lengthy prison process to discourage future encumbrances of the laws.
Look around you! Eventually the long arm of the law will catch up to you. If you are used to it with your compadre Duterte, don麓t do it here.
Just go back home if your papers are not in order!
robal
Laws should have teeth to reckon with. Make an example: like throwing them at those 50 person per cell and you麓ll see that the problem will greatly diminish if not disappear completely.
Due to serious defects of the human specie, the legislation of punitive laws is a must
to govern this unruly existence. People complain but punishments are far worse in other countries like China, North Korea or the Middle East. If not hard labor, it could be public execution.
robal
I am replying to this thread since I am in the same boat as you all. I came to brazil on a student visa in August to finish my bachelor here in Brazil by doing an internship as an undergraduate programme. I finished in December and decided to overstay my visa for 70 days to enjoy the summer delights of Brazil. After all, paying 8,28 reais per day isn't much considering the costs of leaving the country and come back on a new tourist visa.
I learned through various sources that the 'multa' for overstaying went from 8,28 reais to 100 reais. I freaked out and went to find out solutions.
I studied the new 'lei do migra莽茫o' and dicovered the loophole they made:
搂 2o聽 A multa atribu铆da por dia de atraso ou por excesso de perman锚ncia poder谩 ser convertida em redu莽茫o equivalente do per铆odo de autoriza莽茫o de estada para o visto de visita, em caso de nova entrada no Pa铆s.
This means that you don't have to pay a fine if you leave the country and re-enter on another visa (can be a tourist visa extension or, in my case, switching from a student visa to a tourist entrance (a tourist visa is not needed for NL residents)).
I decided to call the Policia Federal in Porto alegre and they confirmed on the phone that this is indeed true and this would be a way to avoid the fine. After that I went to the Policia Federal in Itaja铆, the city I live currently, waited for three hours, and got attended by an intern than told me all this is not true and that I have to pay the fine anyways. He said that if he would give me the fine now, and not when I leave on 19th feb, I have 3 days to leave the country. I had the new law printed on paper and shove it under his nose and gave the guy a lecture about his own laws that he was obviously not known with.
He took my passport and the law papers to the back, he came back after a few minutes and apologized that I am indeed right and that I can go the border, leave brazil and re-enter on a tourist visa for 90 days minus the days that I am illegal. That would mean I would get around 44 days of tourist visa, and R$0,00 fine. (I am illegal since 12/12/2017)
Monday I am going the border and try my luck. Keep you guys updated...
I have exactly the same thing, but opposite, in a way;
I entered Brazil in August 31st 2017 (from Amsterdam, as I'm also Dutch) on a tourist 90-day visa. I went to the Federal Police today and found out they will charge me 8.300 reais as I'm 83 days over my tourist visa. The officer there told me officially he needs to give me 60 days to pay the "multa" and pause the meter from today but it would be wise to bring an attorney next time and explain you were unaware about the penalty etc. There would be a small chance of not paying or at least less.
For the record, I made an uni茫o est谩vel (stable union) with my girlfriend and we were being told that as long as you have that, you can stay for 6 months (was a street copper in Bahia, Salvador who told us that). Polic铆a Federal today at the airport, of course said this was all bull.
For me leaving and just not paying is not an option as I now have a commitment here with a lovely girlfriend, or some here would even say wife, and a great dog. In a way it's my own stupid fault that I just didn't go to the airport sooner and apply for a permanent visa (which I can only apply for when this fine has been settled) or just ask for an extension.
Anyways, do you think I can return back to Amsterdam and go back some days or weeks later on a Student visa? In 2017 I entered brazil 3 times in 2017, 2 for no longer than 30 days per stay. Not sure if that makes a difference though...聽
My girlfriends lawyer (Brazilian) says that this trick doesn't work and on whatever visa I re-enter, will be red flagged in their system. I would be only able to re-enter after 2 years as I infringed the law and they will send me back. When you are "illegal" or at least "undocumented" they will not issue another kind of Visa he says... Is that true?
Many thanks,
Nick
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