Traveling as a Swedish citizen with Argentinian wife who overstayed in Germany

Question

My wife and I will be travelling from Argentina to Sweden with a layover in Frankfurt on the 24th of May 2024. Last time (2024-04-17) she got stopped and an officer opened a case stating she overstayed her visa.

She was staying in Norway with a 1-year working holiday visa as we were waiting to get an answer from the Swedish migration agency for our partnership visa. We thought that the 90 days started automatically after that visa but it turns out we were wrong.

We are wondering if this will be a problem at the border in Germany. Note that we got married while in Argentina and that we where not married during out last layover in Frankfurt.

She now has a Swedish visa, which was approved after this and married to me, a Swedish national. We called the prosecutor's office and they have not started the case.

Answer 1

Last time she got stopped and an officer opened a case stating she overstayed her visa.
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We are wondering if this will be a problem at the border In germany.
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We called the prosecutor's office and they have not started the case.

This will not cause a problem. Only a judge can order an alert to be entered into the SIS system (Alerts and data in SIS) after a conviction. Since 'they have not started the case', no entry will have been made.

Note that we got married while in Argentina and that we where not married during out last layover in Frankfurt.

She now has a Swedish visa, which was approved after this and married to me, a Swedish national.

For the layover in Frankfurt, you and your spouse will enter based on Article 6 (Right of residence for up to three months) of DIRECTIVE 2004/38/EC (Freedom of Movement).

The conditions of Article 6 Entry conditions for third-country nationals of the Schengen Border Code do not apply to your spouse when 'accompanying or joining the Union citizen'.

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Article 2 Definitions (Schengen Border Code)
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5. ‘persons enjoying the right of free movement under Union law’ means:
(a) Union citizens within the meaning of Article 20(1) TFEU, and third-country nationals who are members of the family of a Union citizen exercising his or her right to free movement to whom Directive 2004/38/EC of the European Parliament and of the Counci applies;
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6. ‘third-country national’ means any person who is not a Union citizen within the meaning of Article 20(1) TFEU and who is not covered by point 5 of this Article;
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