Overstay Schenghen Visa while waiting for residence permit

[sundayoke]

I am an EU British Citizen and my non EU wife and I have been living in Malta for over six months. My wife obtained a 90 day Schengen Visa, but has stayed in Malta for longer than the 90 days.

We have now left Malta for a short holiday in the UK and we need to go back to Malta.

The Visa is still valid as far as date is concerned, but she has stayed in Malta for more than 90 days.

We have evidence of having applied for residence permit in Malta
Do we apply for a fresh Visa and ask that the existing one be cancelled, or do we just travel with the existing one despite the fact that she has stayed for more than the stipulated 90 days

What challenges might we face and how do we tackle them

[Caravel88]

As the family member of an EU citizen, non-EU nationals only require a visa to "enter" another EU country when travelling together.

Since you have a valid visa, you can use that to travel.

Overstaying is never good, however, you did NOT overstay.
You went there, stayed (up to 90 days you have right to stay unconditionally), and applied for residence permit. I repeat, this is NOT overstaying.

However you should tell us: What happened with the Maltese residence permit application?

I am an EU British Citizen and my non EU wife and I have been living in Malta for over six months. My wife obtained a 90 day Schengen Visa, but has stayed in Malta for longer than the 90 days.

We have now left Malta for a short holiday in the UK and we need to go back to Malta.

The Visa is still valid as far as date is concerned, but she has stayed in Malta for more than 90 days.

We have evidence of having applied for residence permit in Malta
Do we apply for a fresh Visa and ask that the existing one be cancelled, or do we just travel with the existing one despite the fact that she has stayed for more than the stipulated 90 days

What challenges might we face and how do we tackle them