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Hi All,

I might be overthinking here but just to get your thoughts.

My now husband ( got married by proxy ) has been an overstayer in the UK but needs to go back to Brazil so we can apply for spouse visa.

With the pandemic there are currently no direct flights to Brazil but only flights over Portugal or Spain which are both Schengen.

Is this going to be a problem, just thinking they might not let him?

Would really appreciate your answers or even better maybe you have some experiences with this.

Many thanks

ATKATK wrote: ↑

Fri Aug 20, 2021 7:04 pm

just thinking they might not let him?

Who is/are "they" in this case? The British authorities, the Spanish/Portuguese authorities or the Brazilian authorities?

And has your spouse been issued pre-settled status by the UK authorities?

As mentioned he is an overstayer meaning he is in the country illegally and cannot have any status such as pre settled or settled in the UK which is why he needs to go back to his home country to now apply for a spouse visa since we got married.

My question is, are the British authorities are going to let him fly over to Spain or Portugal ( it’s going to be booked as a stopover ) I assume they will be happy that he is leaving voluntarily? I believe now with Brexit you do go through a passport check in which they will notice that he is/ was an overstayer.

How about authorities in Spain or Portugal once he lands for his stop over, is he goi g to face in trouble there? It’s been so long that I travelled but I don’t think he is even going to get his passport checked as he is not leaving the airport.

Not worried about Brasilien authorities as he has a valid Brasilia passport.

I hope this clears things up.

Many thanks

ATKATK wrote: ↑

Sun Aug 22, 2021 8:57 pm

As mentioned he is an overstayer meaning he is in the country illegally and cannot have any status such as pre settled or settled in the UK

This is not necessarily correct. We've seen more than a few cases here of people who were illegally in the UK and who applied and got legal status by virtue of their family relationship after applying from within the UK. Not saying that everyone who is illegal and applies in the UK will get a legal status, but it is a possibility.

which is why he needs to go back to his home country to now apply for a spouse visa since we got married.

Following up from the above, there might be no need to leave the UK.

Can you give more details of the situation? Full timeline of both spouses and their respective status would be a good start.

Hi,

Thank you for your reply. I know it was possible to do this from within until Brexit came to affect, now to my knowledge this is no longer possible.

I m a German citizen with settled status and he is Brazilian. We got married only in August this year.

Let me know if you need anything further.

ATKATK wrote: ↑

Sun Aug 22, 2021 8:57 pm

How about authorities in Spain or Portugal once he lands for his stop over, is he goi g to face in trouble there? It’s been so long that I travelled but I don’t think he is even going to get his passport checked as he is not leaving the airport.
Many thanks

If he has his flight within the same airport and more or less on the same day, he will not face Spanish or Portuguese authorities. He does not even need Schengen visa for this transit. Don't call it a stop over, as it implies a real and longer stop in the intermediate place.

As for UK, it depends on the airport he is going to be travelling from. In general there are no checks (visible) when you are flying from UK, however in Heathrow they used to quickly check passports at some point (not sure it was Immigration though). Airlines will mostly be concerned with him having the right to travel to his destination AND how long is the transfer going to be.

This is purely from my experience of travelling (however mostly before pandemic). I hope it helps. Good luck!

Thank you for your reply, makes perfect sense. I got some legal advise and they pretty much said the same, it depends on authorities. They did say the preference would be a direct flight to the country of origin but they have had clients that chose a transit although a risk remains. Gosh if someone could just have a Crystal ball or make COVID go away.

ATKATK wrote: ↑

Tue Aug 24, 2021 8:29 pm

Thank you for your reply, makes perfect sense. I got some legal advise and they pretty much said the same, it depends on authorities. They did say the preference would be a direct flight to the country of origin but they have had clients that chose a transit although a risk remains. Gosh if someone could just have a Crystal ball or make COVID go away.

There are no exit passport checks in the UK. The airline will check his passport - nothing to do with immigration/leaving the UK - to make sure it is a valid travel document, i.e. not expired or damaged etc, the name aligns with the name on the ticket and he is legally able to enter his destination country which with a Brazilian passport he is of course. Anything beyond that - the airlines aren't bothered, literally. However, by law the airlines must collect what is known as API (advance passenger information) which is then forwarded to UK Border Force. What Border Force do with that only they know at the end of the day.

On landing in Span or Portugal and when transferring on to his flight to Brazil he won't be going through any passport checks either - UK is not part of the Schengen agreement and neither is Brazil so he literally lands and makes his way straight to his connecting flight/gate. There may be a security check but that is not a passport or immigration check - he is not entering Spain or Portugal.

You do need to check what Covid regulations are in place in Spain or Portugal for passengers in transit - passenger locator forms, tests or what have you and make sure he's done his form and/or has his test certificate/email if applicable, as this will be checked by the airline in the UK when he does his check-in. Presumably, given he's Brazilian any Covid related restrictions on entering Brazil won't apply to him except perhaps quarantine if applicable. That, in my view, is the only thing you need to be concerned about.

Thank you so much for your reply.

I now have been told by the airline that if he transits in Spain, Portugal or Germany he needs a Schengen transit visa. Apparently this came into place 2 weeks ago. I didn’t even know there was anything like this, anyone have any information about this? Maybe it’s best to open a new topic or best to just call the embassy.

It’s like the Wild Wild West out there these days…

ATKATK wrote: ↑

Sun Sep 05, 2021 7:35 pm

Thank you so much for your reply.

I now have been told by the airline that if he transits in Spain, Portugal or Germany he needs a Schengen transit visa. Apparently this came into place 2 weeks ago. I didn’t even know there was anything like this, anyone have any information about this? Maybe it’s best to open a new topic or best to just call the embassy.

It’s like the Wild Wild West out there these days…

Misinformation, plenty of that around these days. Airlines are carriers, not an authority of any kind, and have been known to get things wrong. Why would he even need a Schengen transit visa when he's not entering or transiting through the Schengen zone? Brazilian nationals remain visa-exempt in the Schengen area for visits of up to 90 days within a 180 day period, but then again he's not entering or transiting through the Schengen area. If the airline insists he needs a Schengen transit visa I'd ask them to provide their source of information and unless it comes from a government authority like a Ministry of Foreign Affairs, Immigration or an Embassy I wouldn't believe a word they say. According to the German Federal Foreign Office, for example, Brazilian nationals remain visa-exempt https://www.auswaertiges-amt.de/en/einr ... #content_1 An airline cannot deny him boarding.

https://www.schengenvisainfo.com/transit-schengen-visa/

Based on the list there, Brazilian nationals don't seem to need an Airport Transit Schengen Visa?

Euscheme_problem wrote: ↑

Mon Sep 06, 2021 10:40 am

https://www.schengenvisainfo.com/transit-schengen-visa/

Based on the list there, Brazilian nationals don't seem to need an Airport Transit Schengen Visa?

The info is correct. Note though the above website is owned by a group of independent individuals, not an authority on Schengen Visa Regulations, nobodies to put it bluntly when it comes to Schengen related info.

Just thought to give an update to close the topic. He flew to Brazil over Germany, no questions asked.

Thank you all for your input