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denied Spanish residency but worried about traveling through Schengen on transit..


im hoping someone can shed light on our situation, I am british and have spanish residency and my Brazilian husband had also applied through me to get a residency so while the process was on he was he 6 months but he got denied due to lack of money so we decided to travel back to canada where we both have residency but as he has overstayed his 90 day schengen rule but was allowed to over stay in spain due to the process will he be able to travel through Schengen on transit on our way to canada ? we don't want fines and felt like we haven't done anything wrong but it could look as if we just overstay his visa..

please help me or if anyone knows a number i can call 

thank you 


  • Are you travelling to Canada from the UK? If so, why not take a direct flight and avoid the transit issue altogether?
  • Johannaevandro, you do not say what country you are in or where you are travelling from. When a visa is being processed the applicant remains lawfully in the country processing the visa. This will be on your husbands immigration file. No one is going to stop you leaving.

    Secondly Brazilians do not need transit visa's for Spain or the UK
  • We are living in Spain and if we travel through schengen zone he has been over the 90 day limit as we have been here over 6 months due to his process so if they check his dates on passport it will show that.. And the uk are pretty tight with stuff like that even in transit
    So my hope was that we could travel through transit in Europe as I'm not finding any direct flights from Spain to Canada
  • I am an immigration lawyer and I truly don't understand why you are concerned. Brazilians do not need transit visas in the Schengen zone and as I said earlier no one will stop him leaving Europe. There is no fine as the Spanish authorities have on record why your husband is late leaving.
    Your husband may have problems if he applies later for a Schengen visa but he wont have any problem leaving.
  • Thank you so much
    My concern was because he's been in schengen zone past 90 days so yes Spain let him stay longer but I thought that only applied to Spain and not other schengen countries but you have cleared up my worries so thank you
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