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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.enter image description here

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    Now that you are married, she has the same rights or freedom of movement in the EU as you (as a family member of an EU citizen), as long as she is traveling with you or traveling to join you. When in Sweden, national Swedish laws apply on her status, but in other EU countries, she is protected by the freedom of movement laws when with you. Commented May 16 at 11:00
  • Thank you! Also what could be the reproccussions? As we already paid a 110€ fine. Could this lead to a ban? She already has her swedish visa…
    – JoelAlexAK
    Commented May 17 at 1:20
  • Actually, it's far from obvious that you were wrong, that's a “rule” Germany made up and as Mark pointed out, the Schengen Borders Code is in the process of being amended to clarify that it was never meant to be that way. You were technically in Germany but applying it on a layover when the country where you were actually staying potentially did not have any problem with it sounds like overreach to me. And initiating some proceedings that would almost certainly go nowhere over this is even more questionable. But all of this is moot now that you are married and travelling together.
    – Relaxed
    Commented May 17 at 22:47

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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'.


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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  • Some knowledgeable shit here dude! FTW
    – Fattie
    Commented May 16 at 18:39
  • Thank you! Also what could be the reproccussions? As we already paid a 110€ fine. Could this lead to a ban? She already has her swedish visa…
    – JoelAlexAK
    Commented May 16 at 23:08
  • @JoelAlexAK You wrote that they have not started the case, so what was the fine for? A ban is very unlikely. Commented May 17 at 3:35
  • The officer at the border told us that by paying 110€ at the spot the process would be accelerated. But it appears that it was not the case as we called them 4 days ago and they told us we would have to wait quite a lot.
    – JoelAlexAK
    Commented May 17 at 12:04
  • @JoelAlexAK That sounds very strange. Can you add an image of the receipt to your question (with the personal data blotted out)? Commented May 17 at 12:46

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