Brazil Counsel

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Brazil Begins Enforcing Immigration Policy Again

Last month we told you about a change to Brazil’s immigration policy, which allowed visitors to remain in Brazil past their authorized stay date. The global health pandemic simply made it too difficult for some people to leave, particularly as Brazil limited international travel. But now, that policy has come to an end.

It was never intended to be a permanent change. Rather, when the policy came into effect in March, authorities said it would remain valid only until there was a new directive. And on October 21, that new directive was published.

According to the official text, the period from March 16 to November 3, 2020 will not be counted when determining whether a visitor stayed in Brazil longer than allowed. Essentially, the clock stopped and will only start again next month.

In addition, documents that expired starting March 16, 2020 can still be used to enter Brazil (and for other immigration purposes) until March 16, 2021. But if you’re thinking about traveling, make sure you check with the federal police or an immigration attorney first. You’ll want to ensure your documents will be accepted.

As we noted before, these changes only impact immigration. They do not, for example, change the way tax residency is calculated. Sure, you may be able to stay longer in Brazil than your visa allowed, but you might just get stuck paying taxes too. Remember, if you stay for more than 183 days in a 12-month period, you’ll be subject to income tax.