Illegal foreigner in Brazil: how to regularize?

The condition of irregularity arises when individuals exceed the period permitted by their visas, do not renew residence permits, or fail to comply with the conditions inherent to their immigration status. Today, we will understand the situation of illegal foreigner in Brazil, how to regularize their status, and also what options the Brazilian Government offers for the regularization of foreigners.

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Who is an illegal foreigner in Brazil?

An illegal foreigner in Brazil is someone who is in the country without the proper legal authorization to stay.

In other words, for being in Brazilian territory:

• For a period longer than the period permitted by a tourist visa;
• No longer having the grounds that gave rise to the granting of the visa;
• Not having obtained the renewal of their residence visa;
• Not being in compliance with the conditions of their visa;
• Or for other reasons that place them in an irregular situation according to Brazilian immigration laws.

List of situations in which a foreigner may be in Brazil illegally

• Having an expired tourist visa: staying in Brazil after the tourist visa has expired or exceeding the permitted period of stay;
• Expired student visa: staying in the country after the student visa has expired or no longer meeting the study conditions;
• Expired work visa: continuing to work in Brazil after the work visa has expired, without an employment relationship with the employer or without a work permit;
• Illegal entry: entering Brazil without going through immigration control procedures, such as crossing the border illegally;
• Rejected refugee status: having an application for refugee status denied by the National Committee for Refugees (CONARE) and remaining in Brazil;
• Unauthorized family reunion: arriving in Brazil to reunite with family members, but without a residence permit or visa based on family reunion, or also no longer having a bond with the family member in question, as in the case of divorce, for example;
• Lost Migration Document: losing the migration document (CRNM: National Migration Registration Card) or not renewing it;
• Working without authorization: working in Brazil without the proper work authorization;
• Late registration: failing to comply with the deadline established for registration in the country after arrival;
• Immigration violations: committing other violations of immigration laws, such as providing false information or failing to meet specific requirements;
• Loss of permanent residence status: losing the permanent residence status due to not meeting the established conditions. In other words, the foreigner loses the right to live in Brazil and becomes illegal.

How can an illegal foreigner regularize their status in Brazil?

To begin the regularization process, the foreigner must first contact the Federal Police or the Brazilian Immigration Department to obtain specific information about the requirements and procedures in their case.

It’s important to remember that regularization can be a lengthy process and, in some cases, it may be necessary to rely on the assistance of an immigration lawyer to navigate the legal system.

In addition, immigration laws and procedures can change over time, so it is essential to verify the most recent and accurate information with the appropriate authorities or through legal assistance.

What happens to an immigrant who is illegally in Brazil?

Foreigners who are in an irregular situation in Brazil may face several consequences, which may vary depending on their individual circumstances and the immigration policies in force. Some possible consequences for an irregular immigrant in Brazil include:

• Paying a fine and eventually being deported: in addition to deportation to their country of origin, irregular immigrants may be subject to fines or other administrative penalties;
• Restrictions on access to services and opportunities: foreigners in an irregular situation may have difficulty accessing public services, such as health and education, and face limitations in the job market, since many employers require a valid work permit;
• Ineligibility for residency benefits: immigrants in an irregular situation, in general, cannot benefit from immigrant regularization programs offered by the Brazilian Government, such as amnesties or temporary residency programs;
• Difficulties in renewing visas: if a foreigner wishes to regularize their situation or renew their visa after having been in an irregular situation, they may face significant difficulties and delays.

What happens if a foreigner stays in Brazil for more than 90 days?

A foreigner staying in Brazil for more than 90 days without proper authorization is a violation of Brazilian immigration laws.

The 90-day period is associated with the tourist visa, which allows entry and stay in Brazil for up to 90 days in every 180-day period.

If a foreigner stays in Brazil beyond this period without proper authorization and without having renewed the visa for another 90 days, when permitted, he or she will be in an irregular situation and subject to several possible consequences. This includes paying a fine that can reach up to R$10,000.00 for 100 days or more.

What are the risks of being an illegal immigrant in the country?

According to the new Migration Law of 2017, the risks of being an illegal immigrant in the country include numerous aspects. Here they are:

The entry of foreigners into Brazil without the proper travel or residence authorization will result in their status as irregular. In this scenario, the Federal Police Department can order deportation. However, a period is granted for regularization, and if this action is not carried out within the established period, deportation becomes effective.

If a foreigner remains in Brazil with an expired immigration document, he or she will be subject to fines. These fines are applied daily, starting from the date on which the individual should have left the country, culminating in deportation, which is not automatic, with full defense and adversarial proceedings contemplated.

Upon arriving in Brazil, immigrants have a period to register in the country, which is 90 days in the case of a temporary visa and 30 days in the case of a residence permit. If, for any reason, this deadline is not respected, the individual will be in an irregular situation and will be subject to fines, as seen above.

How to regularize an expired tourist visa?

Firstly, if the visa expires, the foreigner will be notified by the Federal Police to leave the country voluntarily or regularize their immigration status within 60 days, in accordance with Brazilian law.

To regularize an expired tourist visa, you can extend your stay in Brazil. Therefore, you need to fill out a form and pay the Request for Extension of Stay Fee, which is equivalent to R$110.44.

Some Federal Police units, especially in the city of São Paulo, do not require appointments in advance, but you should check with your nearest unit.

How to regularize an expired student visa?

To regularize an expired student visa, go to a Federal Police unit, with a completed form and pay the fee.

In addition, you must prove your affiliation with a university to be eligible for a student visa in Brazil.

How to regularize an expired work visa?

To regularize an expired work visa, the standard procedure of paying the fee and filling out the form applies. However, you must have an up-to-date relationship with your employer to be able to regularize this type of visa.

In fact, the procedure for regularizing immigration is highly specific and varies according to the intention and nationality of the foreigner in question. Therefore, the Federal Police will provide guidance on the steps and documentation required, depending on the case.

How to regularize illegal entry into Brazil?

To ensure that your stay in Brazil is legal, avoiding possible deportations and fines, foreigners must follow the procedure for obtaining a residence permit in Brazil. They must also be regularized with the CRNM, the foreigner’s identity card in Brazil, and the old RNE.

Foreigners intending to establish residence in the country should be aware that there is a 90-day deadline to complete this authorization process and, thus, regularize their situation in Brazil.

If you do not intend to live in Brazil, you must seek a visa appropriate for your stay, such as tourism, work, academic research, family reunion, etc.

How to regularize someone who has had their refugee application denied?

Before regularizing the refugee application denied, be aware that when an asylum application is denied, it means that the applicant did not meet the criteria to be recognized as a refugee. In this case, the person generally does not have a legal immigration status in the country.

However, you can seek help from a specialized lawyer to reverse your refugee immigration status in Brazil or even seek other types of visas that better suit your specific desire.

How to regularize someone who has entered with unauthorized Family Reunion?

To regularize someone who has entered with unauthorized Family Reunion, you must pay attention to the type of relationship you have with the applicant, that is, who is residing in Brazil. In other words, be careful not to be an illegal foreigner in Brazil!

The applicant (foreigner who is abroad and will come to reunite with a family member) must have a proven relationship to be entitled to this specific visa.

If the relationship is not well proven or no longer exists, the visa may be denied or even revoked.

What to do with a lost Migration Document?

In the case of a lost Migration Document, you must request a second copy as soon as possible. In short, the steps are:

• With the necessary documentation (access the documents by clicking here), fill out the form and pay the issuance fee;
• Schedule an appointment at the Federal Police unit;
• Go to the Federal Police unit;
• Receive the National Migration Registration Card.

How to regularize your situation in case of unauthorized work?

Working without authorization in Brazil can result in deportation, fines and other penalties. Therefore, to regularize your situation in case of unauthorized work, seek documents that prove your employment relationship in Brazil. Yes, illegal foreigners in Brazil face all these possible penalties.

In other words, you must have a contract with a company that operates in Brazil.

What to do when you register late?

With late registration, you may be fined by the Brazilian Government for not being in Brazil legally. In other words, as an illegal foreigner in Brazil, you will suffer the consequences.

Therefore, regularize your situation as soon as possible, by paying fees or consult a lawyer specialized in immigration situations in Brazil. Depending on the specific case, it is also possible to request an administrative defense with the federal police, in order to reduce the amount of the fine imposed.

How to resolve the situation of a foreigner who has committed immigration violations?

The situation of a foreigner who has committed immigration violations in Brazil can be complex and requires a careful approach to resolve. In other words, the resolution depends on the nature of the violations and the individual circumstances.

Therefore, understand the nature of the violations committed, such as illegal entry, staying after the expiration of a visa or working without authorization. Each violation may have a specific resolution process.

Depending on the circumstances and nature of the violations, there may still be visas or residence permits for the foreigner to regularize their situation in Brazil.

If you wish, seek a professional qualified in immigration law to assist you fully.

What are the alternatives for regularization in the event of loss of permanent residence status?

If a foreigner has lost their permanent residence status, due to not meeting the requirements or for other reasons, there may be alternatives for attempting regularization.

Depending on the circumstances and the reason for the loss of permanent residence, you may be eligible to apply for a new permanent residence application. However, you must meet the requirements established by the Brazilian immigration authorities.

And, if you are interested, do not hesitate to seek your rights with the help of a specialist lawyer! In other words, irregular foreigners in Brazil and how to regularize their status are possible procedures.

How can a lawyer help regularize an illegal foreigner in Brazil?

An immigration lawyer can play a crucial role in assisting an irregular foreigner in Brazil and how to regularize their situation. For example:

• Assessment of the situation: the lawyer can assess the specific situation of the foreigner to determine the best approach for regularization, based on factors such as nationality, immigration history and reason for irregularity;
• Selecting the best option: based on the assessment of the situation, the lawyer can advise the foreigner on the options available for regularization, such as applying for a work visa, a marriage visa, refugee status or other suitable options;
• Documentation and preparation: the professional can assist in the collection and preparation of all the necessary documentation to submit an application for regularization, including forms, certificates, financial statements and other documents required by the immigration authorities;
• Assistance in submitting documents: the lawyer can assist the foreigner in submitting documents to the appropriate authorities, ensuring that the application is complete and in compliance with regulations;
• Monitoring the process: the lawyer can monitor the progress of the regularization application and deal with any correspondence or additional requests from the immigration authorities;
• Legal defense: in situations where the foreigner is facing deportation proceedings, the lawyer can act as a legal advocate, seeking to protect the individual’s rights and presenting arguments in their favor before the competent authorities;
• Negotiation and appeals: if the regularization application is denied, the lawyer can assist in negotiating appeals or filing legal appeals to challenge the decision.
• Maintaining compliance: once regularization is obtained, the lawyer can advise the foreigner on how to maintain compliance with immigration laws, renew visas or residence permits, and comply with the conditions of the legal situation.

Undocumented foreigners in Brazil: how to regularize their status?

In conclusion, undocumented foreigners in Brazil face complex challenges, involving several factors that can lead to irregularity, such as visa expiration and immigration violations. The consequences for those in this situation can include fines, such as restrictions on access to services and opportunities, ineligibility for residency benefits, and difficulties in renewing visas.

In addition, it’s crucial to understand how to conduct regularization effectively, considering changes in immigration procedures and laws over time. Collaboration with specialized professionals and careful monitoring of the process are essential steps to ensure that undocumented foreigners in Brazil can reach a positive resolution and maintain compliance with local regulations.

If you would like legal assistance from our team, send us a message on WhatsApp.