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denied residency in spain can i travel though transit 90 days expired

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johannaevandro
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Posts: 1


« on: September 30, 2014, 11:25:41 am »

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
 thanks so much
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« on: September 30, 2014, 11:25:41 am »

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Donnie
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Posts: 9


« Reply #1 on: October 04, 2014, 04:23:50 pm »

Since you are an EU national living in an other EU/EEA nation or traveling to an other EU/EAA nation your husband has every right to be with you aslong as you are not a burden to the state. For up to 3 months there is NO financial requirement etc.  After 3 months in a memberstate you need to apply for residency and  still can not be a burden upon the member state.

Your husband is adviced to get a FREE schengen visa but is not obligated to.

See: (also for help, you can call or mail SOLVIT )
- europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
- The directive on freedom of movement for EU/EEA citizens and their family: 2004/38/EC
eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0038
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steven
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Posts: 223


« Reply #2 on: October 06, 2014, 09:06:44 am »

As a family member of EU/EAA national, your husband can travel to the Schengen zone visa free, as long as he is accompanied with you. After you come back to Spain, your husband should apply for a residency permit.
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Donnie
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Posts: 9


« Reply #3 on: October 06, 2014, 11:57:49 am »

Correct. The Brazilian national, as a spouse of a UK (EU) national residing in an other member state (Spain) should be in possesion of a " family member of EU/EEA national"  residince permit. Such a permit gives access to all if the EU/EEA without need for a visa (though the British do not acknowledge this, in violation of 2004/38/EC, article 5 -7?- and article 10).

If he has a normal residence permit without any such indication (which would be a mistake of the Spanish autorities, wrong card being handed out), then he'd need a visa (issued for free with minimum hassle) or could obtain entry at the EU/EEA border.
See the first link in my earlier post for details including sample stories.

Edit: why was his residency denied? It cannot be denied, he has every right to be with you aslong as you are not a unreasonable burden on the state. Sounds like the Spanish screwed you over? Contact Solvit! Again via the before mentioned link.
« Last Edit: October 06, 2014, 11:59:48 am by Donnie » Logged
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