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Appeal against fine for irregular stay

This appeal may be requested by foreigners who have been fined for staying in Brazil beyond the period permitted by their visa. The defense may include arguments about extenuating circumstances or justifications that may lead to the reduction or cancellation of the fine.

What is it?

The New Immigration Law provides that foreigners who remain in Brazilian territory under an irregular stay (visa or residence permit expiration) may be fined and prevented from renewing their visa or residence permit. However, it is possible to appeal this penalty.

Anyone who has received a fine for irregular stay may file an appeal. In these cases, a fine of R$100 is applied for each day of irregular stay in Brazil, which can reach a maximum of R$10 for individuals. However, since this is an administrative process, it is possible to present a technical defense and obtain a partial review or total exemption from the fine.

 

Important documents and information

Upon receiving the notification, you must pay attention to the deadlines for filing an appeal. After gathering all the supporting documentation, you must attach the documents and fill out the appeal form to submit the request. The response time varies, depending on each case. Generally, the main documents requested are:

 

  1. Copy of passport;
  2. Evidence justifying the reason for the appeal;
  3. Declaration of insufficiency;

 

If you need help preparing your appeal or have questions about the process, contact with our expert migration consultants. BDV offers comprehensive guidance and support at every stage of the process.

 

Please get in touch if you’re interested in working together or would like more information about a specific project.

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