The question on everyone’s lips in Berlin is: does having an appointment at the Ausländerbehörde Berlin extend my Schengen Visa? It certainly seems to be one of the biggest causes for confusion. If it’s true, why isn’t everyone just perpetually booking themselves appointments at the Ausländerbehörde? Red Tape Translation takes you through the myths and the realities of the current situation for tourists from the United States, Australia, Canada etc.
Four years ago, I wrote an article about an IT glitch that a client of mine had found in the Ausländerbehörde’s online booking system. He was able to book himself an appointment years into the future, thus buying himself a whole lot of time, during which he could carelessly savour the delights of Berlin without recourse. Since that time, the Berlin foreigner’s office has made some things crystal clear so that situations like this don’t happen again. Today, I’ll focus on the Schengen Visa.
The Difference Between a Permit and a Visa
There’s an important distinction to be made here.
A visa is the permission you get to enter a country in the first place, so that the people at border control at the airport know whether to let you through or not.
It can be a short-term visa (like a Schengen Visa for 90 days) or a long-term visa (like a National Visa). Citizens of certain countries including Australia, the United States, Israel, Canada, New Zealand and Japan automatically get granted a Schengen Visa, also known as a tourist visa, so that they can stay for up to 90 days within a 180 day period in Germany. They don’t need any special piece of paper, it just happens automatically when their passport gets stamped upon entry.
Citizens of other countries (e.g. India, China) need a visa before they can even enter Germany in the first place. They get it from the embassy of a Schengen country before they get on the plane.
A residence permit is what you get to stay in a foreign country for a prolonged period of time. Citizens of certain countries (including the USA, Australia and Canada) can enter a country on a visa and then apply for a residence permit later, before their visa runs out.
Note: the Working Holiday Agreement sometimes gets called the Working Holiday Visa, especially on official government websites in other countries. Countries like Australia use the word “visa” interchangeably. Sometimes it gets issued by the embassy before you leave your home country, and sometimes you can get it at the Ausländerbehörde in Berlin after you get here (Australians, for example). But it’s a type of residence permit by definition.
A residence permit can be extended with an appointment.
If you already have a residence permit / residence title (e.g. if the words “Aufenthaltstitel” are marked on a sticker in your passport that was issued by a foreigner’s office in Germany), then while your permit is still valid, book the next available appointment, and even if that appointment is outside of the validity of your current residence permit, you’ll be fine. You can still do everything that your residence permit allows you to do (e.g. work) until the date of the appointment.
A Schengen Visa cannot be extended with an appointment.
If you are new in Germany and you came in on a Schengen Visa, the Ausländerbehörde has no idea who you are or that you’re here. They don’t have your information on file and they’ve never made a decision about your case. You don’t have a sticker in your passport with the words “Aufenthaltstitel” on it. So an appointment won’t extend your Schengen Visa. Here’s where the official website is abundantly clear about this.
In fact, a Schengen Visa can only be extended under special circumstances. These are, for example, in the case of illness or inability to travel onwards due to force majeur. If you’re eligible to extend it, you can do so at the Ausländerbehörde Berlin-Charlottenburg on Keplerstr.
But my case worker specifically told me to overstay my Schengen Visa until the date of my appointment.
Yes. This is happening a lot lately – case workers at the Ausländerbehörde Berlin are telling people that they can overstay their tourist (Schengen) visas until a booked appointment weeks or months in the future. Even the security guard out the front at Charlottenburg is telling people that there’s a “2-week grace period for expired Schengen Visas.” Many of the foreigners that take this advice will be absolutely fine because
- they are a citizen of a “privileged” country e.g. USA, Canada, Australia, or
- this advice was possibly noted on their file by the case worker, or
- the Ausländerbehörde might have a record of their visit, or
- the foreigner submitted a partial application while their Schengen Visa was still valid but needs to return with more documents, or
- the office was understaffed and the case worker/security was instructed to deliver that advice to visitors.
Even if you’re absolutely sure that you’re going to get the residency permit eventually (e.g. you fulfill all the requirements for family reunification with a German citizen according to §28 AufenthG), don’t take this risk if you intend to travel overseas before your appointment. The officer at border control has no idea what someone at the Ausländerbehörde told you. And even if you don’t get any border control as you travel, if you get caught in a different Schengen country with an expired Schengen visa, you might get arrested and deported, and no-one will care what the security guard told you out the front in Germany.
Please also note that even immigration lawyers in Berlin give contradicting opinions on this matter. I’ve consulted with two that I really trust to write this article.
Lastly, if you do receive this advice verbally from someone at the Ausländerbehörde, and you’re desperately hoping that it’s true, then try to get them to give it to you in writing.
Or, just play it safe and visit the office within business hours before your Schengen Visa expires. And as always, kids:
Cheers,
Kathleen Parker
Hello. Wonderful information! Can you actually recommend any good immigration lawyers please? Thank you!
Anne Glinka is fantastic. glinka-rechtsanwaeltin.de
Hi KaP, I’ve heard wonderful things about Anne Glinka and Katja Ponert.
Hi, I am from the US and living in Berlin. I would like to apply for a resident permit for study preparation. However, I just realised that I need to first apply to renew my US passport before applying for the resident permit. The issue is that my Schengen visa will expire in 10 days however it will take 2-3 wks to recive a new passport. To make matters more complicated I have a flight to Australia booked for 3 days before my Schengen visa would expire. Could you please offer some advice?
Hi David,
That sounds like a tricky situation. If you get on that flight without having a residence permit already lined up, it might be hard to get back into Germany. Additionally, if your passport is expiring soon or has already expired, you might not be allowed to travel in the first place. What about express passport services for emergency situations? Ask your embassy about that. If that doesn’t work, contact an immigration lawyer. There’s a suggestion below. Cheers and good luck!
Hi, thanks for the post above! I’m American and I currently have a freelance work permit in Germany that expires on January 31st. I’m not planning to renew my work permit, but do you know how long after my work-permit expires that I can enter Germany as a regular tourist??
Thank you.
Hi Saina,
If you want to stay in Germany without having to leave the Schengen area, you could visit the Ausländerbehörde before your permit expires and ask for a 3-month extension so that you don’t have to leave and come back in again to “become a tourist”. Sometimes this solution is possible, and they might say yes and save you a flight. The worst they could do is say no. If they say no, as far as I am aware, you could leave and just come straight back in again without any waiting time. But keep in mind that I am not a lawyer and this isn’t legal advice, and there is a lot I don’t know about your situation. Cheers, Kathleen.
Thank you Kathleen. I just wasn’t sure if I’d have to wait three months after my freelance work permit expires to be able to come back to Berlin for a short period. I might just go to the Ausländerbehörde and ask for a 3-month extension.
Thanks again :).
Hello,
I wanted to get clarification on changing jobs on a working visa. My company and I decided to end my contract effective November 1. I was told I have 3 months to find new employment, however, when I initially applied I was told six. I am not sure what the discrepancy is. I have a job lined up but we need to submit the job description and contract to make sure it’s aligned with the expectations. I had asked what kind of things they look for in both of these things but couldn’t get a clear answer. I just would hate for my three months to come up and my job description be declined. Any information is greatly appreciated.
Best,
Senait
Hi Senait, although I’m aware a few weeks have passed since you wrote, if this is still an issue for you, please feel free to book a coaching and I’ll go through the procedure and the potential expectations with you. Otherwise, I can refer you to a great immigration lawyer if you’d prefer!
Hi,
I have my AUFENTHALTSTITEL. But soon after I received that me and my husband had to move to California. It’s been more than one year that I did not travel to Germany. My husband is a German and right now he is back in Germany for his company work. Since he is going to be there for long we decided that I also move there. I learn that since I did not travel back to Germany for long my stay permit expires even the expiration date is till 2019 August which we were not aware. I also have a SCHENGENER VISA ON MY PASSPORT for 90 days starting 2016 nov which was few months before I got my AUFENTHALTSITITEL. My question is, can still travel to German since I have the Schengen Visa on my passport?
Hi Usha, yes, if you leave Germany for more than 6 months, that can nullify any long-term permits that you hold, even permanent residency!
I’m not sure which nationality you hold. Since you were able to get a Schengen Visa and then an Aufenthaltstitel later, after entering Germany, and you live in California, I thought you might have been American. If you are American and you haven’t entered the Schengen region since November 2016 then you can enter again, as it has been more than 180 days since you were last there, and you can also apply for the family reunification permit once you get there, if your husband can prove that he is in Germany for work purposes and has the means of subsistence to support you both and any children you might have.
But since you say you have a Schengen Visa in your passport, that makes me think maybe you are not American, but from a country that demands you get a short or long term permit before you enter Germany in the first place. In which case, you can visit the German consulate in your country of residence and apply for a National Visa so that you can join your husband.
Hi Saina,
What a useful article; thank you!
My question is about international travel while in Germany on an extended Shengen visa while a freelance visa application is being considered by the authorities. I applied for a freelance visa before my 90-day Schengen Visa (US passport holder)
expired. Since I applied close to the expiration, however, I was given a 90-day Schengen extension.
Now that I look at the wording on the second page of this loose piece of paper that comprises the extended Schengen visa, I see a note typed in German saying leaving Germany during the extension period nullifies the visa.
I am already 60 days into this 90-day extension, and while I remain hopeful my freelance visa will be approved in the next 30 days, I cannot be certain it will. If the freelance visa is not approved before my current 90-day extension expires, I understand the visa office typically issues an additional 90 day extension.
The problem is that in 60 days from now, my husband wants us (our minor child is in Germany on a student visa for 2017-18) to take a short trip to China. Obviously, I don’t want to leave Germany on an extended Shengen visa if doing so risks the visa being automatically terminated. At the same time, it seems prohibitively restrictive that until there is a decision on my freelance application, I cannot leave Germany without forfeiting my visa.
I am quite certain I am not the only person who has faced this issue, but I am finding nothing online addressing it. Your comments would be much appreciated!
Dear Nancy,
I would not leave Germany before you have the freelance permit in your hands, especially if there is a note on your extension saying that leaving Germany will nullify the visa. You might run into problems at border control on your return and not be able to get back in. You could try emailing the Ausländerbehörde (even better if you have your case worker’s direct email!), explaining your need to travel and following up on the permit – sometimes this is just the kick needed to get your application rolling. I hope you hear back soon!
Hi!
I was wondering if this advice goes for leaving Germany in general, or just for leaving Schengen?
Hi Flora,
Not sure which piece of advice you are referring to specifically, but most of the post above is geared specifically at third country nationals in Berlin who are visiting the Berlin immigration office. And when I say “don’t leave the country if your Schengen Visa has expired, even if you have a booked appointment”, I mean don’t leave the Federal Republic of Germany, even if you have an appointment booked at the Berlin Ausländerbehörde. I don’t know specifically how other immigration offices in other cities or countries work and what arrangements they have in place. Other German immigration offices certainly don’t have the capacity problems that Berlin has. But I think generally, if you have an expired Schengen Visa and nothing official in your passport, you should never expect to travel outside the Schengen area and then expect to be let in again without a new visa/permit.
If I have an appointment for first time issuance of freelance pemit that is scheduled for after my tourist visa expires, but in the gap circumstances require me to return home, whatvare my options?
That depends where home is. I’d get in contact with an immigration lawyer or talk to the German consulate in your home country once you get there about how to get back into Germany.
Hi, Thank you for explaining.
What’s the case if I have a work permit with a specific employer name?
I’d like to change my current office, can I just move to the next position without worry until I’ll update my new employer?
Hi Yishai, if it’s an employment permit (not a blue card), you’ll have to get permission to take up your new contract with your new employer just as you got permission to do your previous job. If you are not able to do this in Germany, contact your consulate or embassy to find out what happens next, or visit an immigration lawyer. Cheers, Kathleen
Hello
Am a lady from non eu country. I came to Europe on a schengen visa which expired two months ago. I recently found out that am pregnant by a German citizen. Can i get a visa/ permission to stay in Germany since am pregnant? We have already signed the custody agreements and my partner has signed the vaterschaft document.
Can i get permission to stay?
Thanks
Hi Doreen,
Maybe. I suggest you contact an immigration lawyer like Anne Glinka or Katja Ponert to get a concrete answer based on the specifics of your circumstances. Good luck!
You can also have an appointment at the Ausländerbehörde and tell them about your situation. They will give you a Duldung and list of requirements that you need to comply for a certain time. One of them is Mutterpass.
Hey
I am a US citizen, I recently move to Berlin on a job seeking visa. I have full time employement and I am now applying for a resident permit for employment after being here for 5 months. Is this likely to be approved? On top of this, my husband – also a US citizen – moved over in January on a tourist visa. This was extended by the Ausländerbehörde for 3 extra months, it runs out in July. They told us that if I get my resident permit that he can apply for a work visa due to the fact he’s my spouse. Is this correct? I am open to suggestions as to the best way to move forward. Thanks Jean
Hi Jean, the information you’ve been given is correct. Only thing I can’t know for sure is whether your permit will be approved for employment. There are so many factors there! E.g. is it qualified work or unskilled, is it full-time, are you being paid in line with your industry, could a German or European citizen with similar qualifications fill the role? All decided on a case by case basis. All you can really do is apply! Let me know if you’d like a coaching on how to prepare – otherwise, ask your HR department for assistance. Good luck! Kathleen
Hi Kathleen,
I have a visa appointment on June 5, with only 5 days of Schengen left. I am currently in the UK, but I would like to return before June 1 to handle some affairs related to the appointment. Any idea how much scrutiny I may get from passport control? Might they ask to see an outbound ticket confirming departure on that 5th day? Hope this makes sense. Know that’s difficult to answer, but worth the shot in the dark.
Thanks!
Hi Chantal. Technically if you have days remaining on your Schengen Visa when you wish to enter Germany, you’re allowed to enter and nothing is stopping you. But, yes, as you mentioned, hard to know whether a customs officer in a bad mood might decide to give you hell about it. I doubt it, and I’m pretty sure it would still end with you getting through. Good luck!
Hi Kathleen,
I’m an American currently awaiting a residence permit in Italy. However, given the long wait times here, I was thinking about moving to Berlin. My stay in Italy is legal under Italian laws despite being many months post the 90-day period. However, if I go to Berlin and apply for the freelancer permit (my 90 days period starts officially then as the past period in Italy waiting for the Italian permit doesn’t count), would the Ausländerbehörde be okay with the fact that my passport would not have an entry stamp for Germany considering I would be coming within Schegen?
Many thanks!
Hi Marco. I remember being in Italy and a friend of mine waited for her residency permit for such a long time, by the time it was approved she had already stayed for the entire application time and left the country to go back to the US. This was 15 years ago. I am not really sure how your situation would be handled. I suspect the Ausländerbehörde in Berlin would definitely have some questions for you because it will look like you’ve overstayed your Schengen. I don’t know whether they would accept proof of your waiting on a permit in Italy as a valid reason to give you a permit in Germany. I also know that while non-EU citizens are waiting on decisions from the Ausländerbehörde in Germany about their permits, they are often not supposed to leave Germany. Perhaps the same applies to you and you shouldn’t be leaving Italy while waiting for an answer? If you want a definite answer, try an immigration lawyer, possibly one that understands cross-border EU issues. That’s my safest answer. Unsatisfying, I know! Good luck. Kathleen
Dear,
I am a resident in Serbia who is looking to find a job in Germany.
I would like to apply for a EU Blue Card, as I do fulfill it is requirements and it is possible to find an employer in Germany who is willing to offer me a contract with the minimum annual salary determined for 2018. for the EU Blue Card.
The Germany Embassy in Serbia does not offer possibility to apply for a job seeker visa. The timeline to schedule appointment for the submission of a request to obtain a visa for work purposes is approximately 5 months for highly qualified professionals. For a future employer and his business obligations it can be too long time to wait for an employee to come to his premises.
If I succeed to find an employer who is willing me to offer a contract during my Tourist and Visitor Visa in Germany, can I stay there with some kind of permit issued by immigration office in Frankfurt area until I can actually submit request for a visa for work in scheduled appointment in German Embassy in Serbia.
Many thanks in advance.
Kind regards,
Vivija
Hi Vivija,
as far as I know, Serbians can’t apply for residence permits from within Germany. But for a way around this or for more concrete answers and strategies based on your individual circumstances, I’d contact an immigration lawyer. Cheers, Kathleen
Hi Kathleen,
Does tourist visa (90 days) apply after my internship visa ends in Schengen countries? I am currently on an internship visa and would like to know if when my visa ends, will I get another 90 days just as a regular tourist visa? Or does the 90-day rule not count considering I’ve just spent 6 months in Germany?
I would really appreciate your help in clarifying on this as I can’t seem to find a definite answer on the internet. Thanks very much for your assistance.
Hi Laura,
Good question. I don’t know what nationality you hold, but even if I did, the reason you can’t find a concrete answer online is because no-one is willing to give one on this issue, not even some immigration lawyers (or their interpretations differ). There are people on forums who swear black and blue that this is the case, that the tourist time resets, at least, for certain nationalities. It might have worked for them. My gut feeling says if you’ve just spent 6 months in Germany as an intern, you don’t magically revert to being a tourist after that, and you should leave and come back or visit the Ausländerbehörde to get something in writing OR you should contact an immigration lawyer to get an expert opinion that actually holds some weight. Either way, please report back and let me know what you found out! Kathleen
Hi Kathleen,
I have a Type C visit visa which for 20 days but I would like to extend it to 26 days, is that possible to get 6 more days extension?
Thank you in advance for your assistance 🙂
Regards
Hi Anish, only in exceptional cases such as force majeur or humanitarian, medical or personal reasons. You can find more information here. https://service.berlin.de/dienstleistung/324785/en/ Cheers, Kathleen
Hi Kathleen,
Thank you for the assistance, So it was a late entry for me to Germany of 6 days so I wanted to extend it for the same. Also it would be possible only through Berlin, as I am staying now in Hamburg?
Regards
Your 90 days starts from whatever date your passport got stamped, so if you arrived in the Schengen region 6 days later than expected, perhaps you don’t have to do a thing? You visit the Ausländerbehörde in the city where you are registered as living. If your address is registered in Berlin, go to the Berlin office, if in Hamburg, you must go to the office in Hamburg. Cheers.
Hi Kathleen – interesting article, it’s helping me with my situation heaps. Just want to know your thoughts however.
I’ve come to Germany from Australia with my german partner and 2 year old daughter. We are in a de facto relationship in Australia, but over here that doesn’t count for anything. Luckily, as my daughter is a dual citizen, I can obtain a family reunification visa.
The only thing holding me back however is my health insurance. Travel insurance isn’t enough according to the Ausländerbehorde, I can’t get insured with public insurance as my job doesn’t start till mid August, and private insurance is prohibitively expensive – plus they back date it to when you first registered (so late April).
With this in mind, I figure that I have one of two choices. Head to London for a day of two and get an extended Schengen Visa (apparently australia and Germany have a little publicised agreement).
The other choice would be to ask the auslanderbehorde for an extension until I start working in mid August, and my public insurance takes hold. I have full travel insurance until the end of August, but they see that as not enough.
Have you any comments on this? Interested to hear your take
Regards
CC
Hi Courtney. I do understand your desire to get into the public health insurance system! I can’t give you specific insurance advice and I can’t comment on the Australia/Germany Schengen visa “agreement” (although I have heard of it only unofficially… e.g. on internet forums), so I would say you’d be better talking to someone in insurance or just going to the Ausländerbehörde and asking them in person. For insurance advice, try John Gunn at gunn-partner.de or Keith Tanner at crcie.com. Cheers and good luck!
Hi Kathleen,
I need some advice on my situation please!
I’m from a non EU Country & my husband is a German national & kids too. We decided to move to Germany, but I applied for a Schengen visa which is valid until 2021 & came here to Germany for holiday but also to apply for schools for our kids & also to see about work etc, while waiting for my family to arrive in July. I was told that I have to go back to my Country to apply for a Family Reunification visa. I’m in my 60days of Schengen visa & I desperately need to know if I can apply here before my 90 days run out, I really don’t want to separated from my kids if I have to go back to my Country, because I don’t know how long Family Reunification visa will take in my Country? Also my kids will be starting school here in August! I was also offered a work contract but will I be allowed to work as non Eu citizen, on a Family visa/ residence permit?
Thank you & Regards.
Hi Natasha,
some non-EU countries have privileges that allow them to apply for permits in Germany and others do not. I suspect you’re from one that doesn’t have such privileges. It also depends on who told you that you had to go back home to apply – was it a caseworker from the Ausländerbehörde who knows what they’re talking about or was it an acquaintance? Either way, I unfortunately can’t actually give you the answer you are looking for and would recommend that you consult with an immigration lawyer. If there is a way for you to apply from Germany, it would certainly save you a lot of money, time and stress in the long run! Try Anne Glinka – she even does Skype consults, I think – glinka-rechtsanwaeltin.de and good luck!
Hi Kathleen,
Thank you so much for your advice,
really appreciate it. I will definitely contact her.
Kind Regards,
Hi Natasha, I’m in a similar situation, but my wife and I have nl children, we’ve been waiting for over a year for me to get an appointment in the German embassy in my country, but we have still no clue when that can happen. We are currently in Germany due to the lock down, I’m still with my Schengen visa and we tried to find out if it is possible to do the process here but we couldn’t get any clear answer. I would like to know if you could apply for the residence permit from Germany in the end.
Thank you for your time.
Hi Kathleen. Thanks so much for this detailed article. It seems to resolve many of the questions that I’ve had. But I’m still doubting if we can extend our visa in our situation:
I’m Canadian and my wife is from Colombia. We were accepted to an accelerator program which lasts for 6 months and we were told by an organization (Berlin Partner) that we could extend our visa until the program ends in October. We both arrived on a tourist visa with 65 days left out of our 90. We’re counting 2 weeks left today and the organization that has been helping us has fell through on their help.
I see that one of the exceptions listed were:
Examples of important personal reasons:
Urgent business or professional reasons which were not foreseeable before entry
However, we did know about the acceleration program before, but were (mis)informed that we would be able to extend our visa anyway.
Have you seen any examples of these kinds of cases? What shall we do in our case?
Hi Adam, I’m sorry I have no experience helping people extend their Schengen Visa. Perhaps Berlin Partner is helping you apply for some other sort of permit instead of extending your Schengen Visa? I suspect your problem has already been resolved by now though, as it took me a while to reply! Sorry. Hope it worked out. Cheers, Kathleen
Hi Kathleen, thanks so much for this detailed article, it answered most of my questions but I am still doubting and just want to make sure I understood it right:
My husband got a job in Berlin and we scheduled an appointment for Blue Card in October, but I have a Schengen type D visa as a spouse which will expire in September. I have emailed the Foreigners Office and they also told me that the visa gets automatically prolonged until the Blue Card appointment. So this means I’m safe and should just wait for October, right?
Thanks so much for your help 🙂
I’m sorry I didn’t get to answer this promptly, I have a 10-week old baby! As you’ve probably figured out by now, you were fine to wait until your husband’s appointment.
Hi There,
I moved to Germany as a student almost one year ago. Upon application of my student visa, the immigration office returned my documents and requested additional information and to resubmit them. In the meantime, a close relative of mine located in Holland was diagnosed with cancer in which i then placed my studies (and unfortunately visa process) on hold and temporarily moved to Holland. I now possess a very expired tourist visa (of 8 months) and am curious if there is a way to reinstate my studies and possibly apply for a student visa again. Do you have any advice?
Thank you.
Hi Marie. Just start from scratch with the application. Your student permit will never have been approved if you didn’t send the additional documents.
I am a dual British/Australian citizen, and moved with my Australian wife and children to Berlin.
I have a job here and require no visa/permit as I am a EU.
We arrived 2 months ago, with my wife and boys they can stay for 90 days in 180 days if i am right with no visa. We are about 60 days in to that period. We have applied for a visa and been given a date of early Nov for the appointment, 2 months after those 90 days end.
I’ve been told they are ok to remain, which seems valid, but we would like to travel to England and the US during that time. Do you see any issues with a return to Germany after vacation? Is there anything we can do to allow a exit and return whilst waiting?
Thanks.
Hi Bob,
You can travel but if your family travels with you, they might have difficulty re-entering the country at border control even if you show evidence of the booked appointment. But contact an immigration lawyer to be absolutely sure about this. I know a lot of frustrated spouses of EU citizens who can’t leave Germany for months while they wait for their appointments.
Thank you very much for the informative article 🙂
I went to Ausländerbehörde with all the papers needed, however when I got there I was told that because I entered the country on a Schengen Visa (Tourist). I do not need a visa to enter Germany, so as the article says it happened automatically. I had left Germany in between my marriage and the appointment, therefore I was asked to apply for a reunification visa.
After all of this, the consulate in Hong Kong made a mistake and gave me the visa for the wrong date. I am currently in Germany with a tourist visa and my “reunification visa”will be valid from next month, however I am not sure if I should go out of EU and enter again with this visa or not.
I didn’t answer your question very promptly because I have a newborn baby on my hands. Sorry! I imagine the situation has probably resolved itself by now. Did you end up just staying put?
Hi thanks for the Good Works, i’m a Nigerian Citizen i have 5 years italian Residence Permits issued in Italy i recently got Married with a German Woman. I have already registered myself that i live here ay the Bürgeramt Can i apply for the German Residence permits (aufenstaltstitel) here in Germany since i have italian Residence Permits which allows me enter Germany multiple times? Your Answers will really be appreciated
Thank you for all the good answers you’ve give us!
My question is, is it possible for a voluntary worker to extend his or her residency permit when he pertains a chronicle disease?
Do you mean is it possible for a volunteer worker to extend his or her residence permit when he obtains a chronic disease? Well I’d need more information, e.g. what residence permit is he on already? (As far as I know, you can’t get a residence permit just for volunteer work).
Hello Kathleen,
Thanks for an informative article.
I am working in Germany for 5 months and I arrived on a National VISA. My VISA expires on 23rd November and I got an appointment at the Ausländeramt only on 5th December. I was wondering about my situation and I am still talking with the immigration officials.
Thank you!
Hi Vish,
I’m assuming, since you’re on a national Visa, that you don’t belong to the group of countries who can apply for first issuance permits from within Germany. In which case, I wouldn’t risk it, I would reload the website until you find a suitable appointment before 23rd November or I would try to walk in before your National Visa expires.
Dear KATHLEEN PARKER
Good evening
So I have many questions about the contract and work permit in Germany and I will mention for most of them below with the following:
• In the present time, I’m resident in Warsaw Poland as a (civil engineer) and I have work contract for three years with construction company, I’m paying taxes and I have insurance and I started my work in 01/10/2018 I’m waiting my temporary residence card from the foreigners affairs office.
•I have offer from Construction Germany company -State of Dresden with better salary and benefits than Poland.
• Actually I’m Iraqi citizen and I need to move for working in this company.
• finally I need the short procedure to start work with the construction company in Germany, I need the clarification of each term of Germany law of foreigners.
•As you know sir , time is money, and I need clear answers, to get my target as soon as possible because I faced problem with the community her and they don’t like foreigners.
Regards
Hi Yasir,
I can’t help you specifically with these questions, but I could recommend you talk to an immigration lawyer if you are concerned you won’t get the temporary residence card or will have trouble in the meantime. Try vpmk.de Good luck in Dresden, I hope you get there safely.
Hello Kathleen-
I have an interesting situation and have been getting mixed answers here and I’m hoping that you can help me. My school sent me to study abroad in Germany for a year and I am here until August 6th, 2019. My first 4 months I am studying at a german language school in Düsseldorf(Goethe Institut) and my second semester I am studying at a university in Heidelberg. I came here on my Schengen visa, as I am a US citizen, on September 1st, 2018. It is now a little over 2 months in and I had been waiting weeks for my appointment to register my address in the city of Düsseldorf, and I finally did that on November 7th. Then as I told them that I wanted to apply for my residence permit to continue studying, they gave me an appointment for March 22, 2019. I can only stay until the end of November with my Schengen visa, but the man at the Ausländerbehörde swore up and down that my appointment allowed me to stay until that appointment. He said, “Look me in the eyes, they’re blue and green. Germans don’t lie.” Then he sent me on my way. My problem is, that all the paperwork for my education that I filled out is for my language courses in Düsseldorf, and by March 22 I will be in Heidelberg and almost starting there. There is also the problem of going home for Christmas. I wanted to leave in late December and stay in America for about a month to visit my family before my next semester starts up. Will I get in trouble at German border control?
Thank you so much for your help, and I hope I properly explained the situation. I know this isn’t Berlin, but the man at the Ausländerbehörde said that this applies for all of Germany, regardless of where I’m studying.
He was telling the truth when he said you can stay until the appointment. But I gather he didn’t know you wanted to go home for Christmas. I’ve asked a lot of case workers about this point, and most say “is she American? Oh, well, she can do whatever she wants!” meaning that you are unlikely to have trouble at border control despite the expired Schengen Visa…. but it’s not proof, I agree! I would walk in again before you leave the country and give them the whole picture, mention you’ll be travelling overseas.
Hello Kathleen ,
I am an albanian citizen working in Germany since 1 year ( as a non qualified worker). My first Aufenthaltstitel (duration 1 year) expires soon and I have made an appointment at the Ausländerbehörde to extend it. My questions are:
1.Ist it possible to get my second Aufenthaltstitel for 3 years valid?( I continue to work at the same place)
2.After I get the new Aufenthaltstitel I am planning to get married with my boyfriend. Do I have the right to take him hier on a family reunion visa? (He is albanian and lives in Albania)
Thank you in advance .I would really appreciate a quick answer 🙂
Hi Vera,
1. Whether you can get a 3-year Aufenthaltstitel upon renewing depends on the details in your work contract – certainly ask if it’s possible on the day of your interview, and take a permanent work contract if you can.
2. If you marry your boyfriend, he has the right to apply for a family reunification permit, yes, but there are still some pre-requisites to fulfill. The most important: you have to prove that you have enough money in the household to afford your accommodation, health insurance, and other living costs. It will be decided based on the information you present when you apply. Good luck!
Hello, I applied for a family reunion visa at the German embassy and after some months I got a mail that my verification is completed and I should change my surname to my husband surname which I did, am married to a German after one month I got a mail requesting for my presence at the consulate my husband got the same mail, behold it was a second interview and the embassy still have my passport with them, its been 7 working days now and I have not heard any news concerning my visa. Am a Nigerian
How stressful! I hope you get approval soon!
Hi katleen.. I already went to landratsamt to extend my visa. However my visa expires before i can recieve the AUFENTHALTSTITEL ID..how can i prove that i do have already extend it during that time? Thanks
Hi John. If your visa expires before the Landratsamt can give you an Aufenthaltstitel, but you applied and your application was submitted, they could have given you a fictional certificate for 3 months so that you can stay in Germany while they make a decision on your case. If they didn’t, might be worth asking why not!
My husband applyed for his permanent residence permit and he has already gone for the interview there in munchen Germany his old residence permit expired on October 30 2019 and he went for his permanent residence permit on 15th November and my visa for family reunion appointment is on December 14th. My question now is will his renewal be a problem but he sent me an extension paper that was given to him.
It’ll be fine. I don’t really know what you mean by extension paper and I have no idea what nationality you have and whether you’ve entered the country with a visa, but if he is permitted to be here (regardless of which permit he is on!) and he can fulfil all the prerequisites for family reunion, then you will be too. His old permit will stay valid until he gets issued a new permit. So whether your family reunion permit is based on his old residence permit or his new permanent residency, if you have all the correct documents on the day, you’ll be fine.
Hello Kathleen, Such a great piece you have put up. I have an Aufenthaltstitel that expires in May 2019 but I plan to travel to my country (third country) in March for only two weeks. Will I be allowed to re-enter Germany when I return in March? I am an Au pair and I asked at the Ausländerbehorde and they said it won’t be a problem before paying for my return ticket. I have a few doubts about it even though the man said so far as i come before it expires in May there is no problem with re-entry. And I come back in March. Please help clear my doubts . Thank you.
There will be no problems with re-entry if your permit is still valid when you come back. You’re only going for 2 weeks and your permit is valid for a further 2 months when you get back. Relax and have a great holiday!
Hello Kathleen thanks for your information so far, I am a Nigerian currently studying in a private school Munich with a 3 months visa . My sponsor is currently having some financial issues and is no longer able to afford my tuition fees . I appiled to get an instalment plans from the school but I was offered an unreasonable amount to pay, my visa expires this month and the school said it won’t help me with the visa renewal. My question is would it be possible to get my visa renewed without the help of the school and does the school have the right to request for the termination of my visa? I am thinking of Asking the embassy to give my more time to enable me secure admission with a state owned school I have my blocked account still in tact. Please what is your advice in this situation. Thank you.
Hi Ikenna, I wish I had something valuable to say here, but it’s a really tough situation! If your sponsor won’t pay the school and the school can’t re-enroll you, then your reason for being in Germany lapses and so there’s no grounds to renew your visa. Go visit the embassy and explain the situation and see what they can offer, that’s the only thing you can really do apart from engaging an immigration lawyer, but it sounds like that might not be affordable. I’m pressing my thumbs for you!
Hello Kathleen, thank you for such a great article.
My question here is,
Im currently in Berlin Under my 90 Day tourist visa (Im from the US). My visa expires Feb. 1st but my appointment for my freelancer visa isn’t until march 7th. However my grandmother has become very ill and I think I may have to Leave before my visa appointment. I am not sure if I will be able to return to Germany before march 7th for my appointment. Now my question here is, will there be a problem if I leave Germany after my tourist visa is expired but having proof that I did have a freelancer visa appointment?
Hi Dory,
Yes, it would be OK to stay in Germany until your appointment even if your Schengen Visa has expired, but it wouldn’t be OK to leave and try to get back in again – you might have issues at customs. Why don’t you walk in and wait in line before you leave the country? (You might have already thought of that by now).
Kathleen
Hello
I am from third country with Visa type C for 3 years I have an GmbH since 2015 . I am doing well but profit is not high it is tours and events operator. Can i apply direct in Germany for resedint permit or i must apply for D visa in my country and chances to have the resedint permits depends on what
Hi ALI,
If you’re already on a visa and in the country, you should be able to get it extended without leaving. You should also talk to the IHK (Chamber of Commerce) – they have a Welcome Center that helps people start businesses and sort out visa issues. I know your GmbH is already going, but they might be able to support you anyway. Re: your second question: that’s too detailed and I’d need more information. Feel free to book a coaching with me, but quite honestly, I’d try the IHK first, pretty sure their support is free for entrepreneurs, and you might be a member anyway!
Hi kathleen,
The information you provide is lot helpful to many.
Here I have an issue
I am an Indian, i came to Germany on family reunion visa and I hold AUFENTHALTTITEL on my Visa. Now my Visa is expired and I have an appointment with the foreign office on feb 5th, and also I am pregnant and I would like to go back to my home country (India) as there is no family/friends here to take care of me other than my husband and he is also searching for a job here (it’s tedious for him to take care of me and search for a new job) so I wanted to move back to my parents and I won’t return to Germany till my baby is born and also till I can take care of the baby alone by myself. So, do i need any special documents while traveling to my home country as I will board the flight before the appointment date
Hi Mounika. Congratulations on the pregnancy! I have two girls. If your visa is already expired and you leave Germany before the appointment, you will have to visit the embassy in India to get a new family reunification permit for both you and your new baby before you can get into Germany again. You could wait until 5th February, get the extension and THEN go to India, but I guess you still need the family reunification visa for your child one way or another. If you do decide to go back to India before getting the extension, take proof of the appointment at the foreigner’s office on the 5th February with you to the airport in case anyone questions why you have overstayed your current permit. To be honest, I don’t really know whether you will run into trouble because of this or not. To be sure, I’d ask an immigration lawyer.
Hi Kathleen,
I have a query. I am moving to Germany on a work visa and my wife has got a family reunion visa for a period of 3 months with expiry date as 29 may 2019. While I will move in from april onwards , she can only join me in Germany from 15th may onwards which means we will only have 14 days to register her and get a residence permit for her. Is it allowed to stay in Germany if she has come in and applied for residence permit but hasnt got one by the time visa expires ?
Hi Kathleen,
I had a query .. can reunion visa be extended with an appointment for residence permit ? Basically my wife has got a reunion visa expiring on 29th may and she can come into germany only by 18th May.. which means we will not have enough time for her residence permit to get done. We will ofcourse do the city registration before visa expiry and try to take an appointment for residence permit. Do you see a problem here ?
Hi Sudhanshu,
why don’t you book an appointment on the website NOW for your wife? You have time, you can always reload the website at different times of day or night until something pops up (I’m sure it will!). In any case, if you don’t find anything within that gap but you do manage to book the next available appointment and you do so before 29.05, it is fine to wait until that date, but she won’t be able to travel anywhere. And the wait for an appointment can be really long. Like… months. So don’t plan any travel until it’s sorted if you can. I would start looking for something now – the website is here: https://formular.berlin.de/xima-forms-29/get/14963116144270000?mandantid=/OTVBerlin_LABO_XIMA/000-01/instantiationTasks.properties – I can’t tell you which type of appointment to book until I know what type of permit you have/whether you even need a permit or are an EU citizen.
Hello Katheleen,
Many Thanks for the response. I am from india and travelling there on work visa. The consulate has mentioned sec 19a on my visa which means i have been given the visa under blue card category – is that correct ? Also we would be at wolfsburg and not berlin and i think we cant take the appointment online for wolfsburg. Once again thanks for your help and I shall await your revert
Hi,
I was after some advice RE: my Schengen visa. My Schengen visa expires on the 25/04/19. I had accidentally booked my return flight to Australia for the 30/04/19. I had tried to change my flight however it is too expensive to change (an additional $3000). Would applying for a Schengen visa extension assist in this situation?
Thank you!
Hi Monica, no, you don’t need to apply for an extension of your Schengen Visa. It’s only really possible under specific circumstances like force majeure or serious illness. Are you registered in Berlin? If you want to play it extra safe, book the next available appointment at the Ausländerbehörde while your Schengen Visa is still valid, even if the appointment is after you’ve already left. Print out the appointment confirmation and carry it around with your passport for the few days. If anyone asks you, you can say “this was the next available appointment I could get while my Schengen Visa was still valid and the office told me I was allowed to stay until this appointment date. But I’ve decided to go back after all.” When you’re safely back in Oz, cancel the appointment so someone else can take it. Then go drink a glass of chilled Marlborough NZ Sav Blanc or a Little Creatures Pale Ale. Cheers, KP
Hello Kathleen,
My name is Thushar. I am from India and I am currently living in leipzig. I graduated with my master’s degree and currently, I posses a residence permit (Aufenthaltserlaubnis für Hochschulabsolventen zur Arbeitsplatzsuche) entitled for foreign students who graduate with a degree from a german university. The residence permit is for 18 months. However, for the first 8 months of my job seeking residence permit, I worked as a Research Assistant with an institute called Fraunhofer Geschellschaft. Later on, I left the job and started looking for better jobs within the german labour market.
Unfortunately, I still haven’t found a job and my residence permit is about to expire in 10 days. I also have a job interview to attend on a date which is after the expiration of my residence permit. However, I do have an appointment tomorrow at the Auslanderbehörde. Is there a possibility to get an extension for 3 months for my current residence permit? Or do I have to go back to india and cancel my job interview which is on may 27 as I won’t be having a valid residence permit?
Please do let me know. I will be grateful for any information and help
Regards
Thushar
Hi Thushar – I am hoping that at your appointment in mid-May, they were able to give you an extension to attend your job interview. Hope it went well!
Hi Kathleen,
I have a residents permit in Germany through my work that expires 30th June this year. I am flying out of of the Schengen zone after that time (early July) following the advice of the relocation services through work who said I can stay in Germany for 90 days after that date without leaving. I will begin another residents permit for work in Germany one month later on 1st August. I am a US citizen. Was my relocation agent’s advise reasonable in suggesting that I can stay after my “Aufenthaltstitel” date of expiration for 90 days? I don’t have any evidence on paper other than a casual email from her. I do not want to risk or complicated the application process for my next resident permit by leaving a few days after my first permits date of expiration. This advise also goes for my colleague who is in the same scenario of uncertainty, with a flight back to the US after one German resident permit expires but before the next one begins.
Thank you for your thoughtful advise,
Marie
Hi Marie. Many variables here, and this is also a hotly debated topic, especially online. Myself, I don’t know for sure, I’d rather recommend getting an immigration lawyer’s opinion. I’m in the “it’ll probably be absolutely fine” camp. In any case, there are some cons of letting your residence permit lapse and starting a new one with a one-month gap in the middle – I’m thinking of later down the track when you might want to apply for permanent residency. Why don’t you just visit the Ausländerbehörde with your new work contract before you leave? Worst case scenario, they give you a fictional certificate (extension) while they make a decision about the NEW employment residence permit, which makes your time in Germany uninterrupted. You can always walk in if you can’t find an appointment online.
i am waiting for an appointment from past one month and visa.It was sice one month that my visa got expired and i am waiting for an appointment.I got an email sating that till i get an appointment i canlegally be here in germany.
Hoe many days can i stay like that.
.. Until the day of your appointment, when you finally get one. Hope it doesn’t take too much longer! Kathleen
Hi Kathleen.
We are from the USA, arrived early March, have registered at the local Rathaus, (Signed 1yr. Lease Agreement, Joined a German Bank, applied for a Driver License and TK Health In’s. [waiting for paperwork in the Mail], got a Library Card 🙂 and have an appointment with the Ausländerbehörde in late August. 2019. Our 90 days ran out already but by reading through your previous answers to others I know we’re ok. And we were scheduled to go to Spain tomorrow for the weekend but we’re not going to chance it (you’ve confirmed this too as correct and wise decision).
My question is: we’re here as Missionary’s sponsored by our church denomination (Bank Statement deposits] so I am applying as “Self Employed” because nothing else applies. Is this typical/correct?
Also, I actually checked the box indicating Freelancer/Self-Employed. However, I’m currently applying for an English Teacher job. We’ve gone three times once on a Monday the others on Thursdays when no appointment is required, and once Staff had time to briefly review our documents and told me to come back with two Job offers to have a complete application to review. But they seem to not understand completely our being here as Missionary’s and more readily ask me to bring back Teacher Job offers which seems to translate into finances to self-support us. Yet, our “sponsorship” covers rent and living expenses and is equivalent to above the average monthly salary (I’ve read €3,000 a month is typical) in Germany.
If I don’t land a Job by our appointment date we’ll be applying just as Missionary’s. Do you think our chances for approval then is less probable than having Job offers and coming in as Freelancers versus “Self-Employed”?
Thanks for your anticipated advice. And congratulations on your newborn or maybe now a bit older.
What an interesting situation – I’ve never come across a missionary posting before and I suspect your case worker probably hasn’t either. When you apply for a permit you need a purpose, and in your case, it’s probably going to be self-employment, since no German company is hiring you to be here as an employee. Unfortunately, you need to show educational qualifications and you need to have at least 2 German clients to get this permit. If you’re applying as a teacher, you need relevant qualifications plus 2 job offers from language schools. If you’re applying as a missionary, you need relevant qualifications plus 2 job offers from German organisations as a missionary. If you’re applying as both a missionary and a teacher, you’ll need qualifications for both professions and 2 German job offers for each profession. I can see why your case might not fit in a box… But that’s what they’re going to be after. They’re also going to want to be sure that the money flowing into your bank account FROM YOUR GERMAN CLIENTS is enough to cover your living costs. They’re not going to care what’s going on for you outside of Germany. Tricky! If you want some other strategies, have a chat to an immigration lawyer before you visit the office.
Hi Kathleen,
Thank you for all your insightful posts on here. I have an appointment for a Blue Card at the Ausländerbehörde tomorrow. However, I just realised that my salary is 80 EUR under the limit for shortage occupations (I work for a Berliner aerospace startup). Do you think that would be a no-go?
As a back up I have also booked myself an alternate appointment, not until November unfortunately. Would this be still okay, even though my National Visa (D) runs out by the end of July.
Thanks!
Ask your boss to give you a bonus payment or a very small raise and a new contract! They probably won’t even blink. That’s something that can be done before your appointment tomorrow.
Attend the appointment tomorrow – if a blue card isn’t possible, ask them for a Fiktionsbescheinigung (extension of your current permit). I wouldn’t risk letting your national visa run out. It’s not so much a matter of being able to stay in Germany, but more so… what if you have to travel overseas at short notice? You’ll be stuck. Good luck!
Cheers
KP
Hi Kathleen,
I am from India and work in Germany on three year work contract. I and my family had valid residence permit (Aufenthaltstitel) till Feb-2021. I am staying here and My family (Wife and son) went back to India on 23 June for my son’s schooling and planning to come back in December19 before 6 months of last departure( 23 June). They will stay for 3-4 weeks and again travel back to India and possibly come back in April 2020 to stay for next 2-3 months. So my question is, my family will be allowed to renter in December19 and again in April 2020 on the same residence permit? If yes, do I need to anmeldung them to record their entry and exit even for short stay? how the entry and exit will be considered to keep the residence permit valid? Where I can check the family residence permit status in Germany?
Thanks in advance !
Regards,
Ajit
Hi Ajit,
Although this document is from Munich, you might benefit from reading it, as the conditions will be the same for Berlin. With a regular Aufenthaltstitel, absences of up to 6 months are fine, but in your case, the reason for the departure is not temporary (attending school). I would report the absences, OR, if you’d rather have a sound legal strategy in place BEFORE you approach the Ausländerbehörde, talk to an immigration lawyer. Cheers, Kathleen
Thanks Kathleen for useful response.
Hello house, please I’ll need help on this. I got a student visa to study in Germany from the alien office in Munich (3months) since that’s where I’m to school. Unfortunately my direct sponsor who’s my father died and I’m supposed to pay a tuition fee in school, due to the incident that happened back home it wont be possible for me to go to that school. I didn’t enrol to that school in munich rather,I decided to apply to free schools in duisburg but while waiting for a response from the free schools i decided to pay and enrol into a Language school in duisburg.
Now my question is after getting an apartment in duisburg and I’ve registered it, can I do my visa extension at Duisburg. With my Language school enrollment letter which says I’ll be studying the A1 to B2. Thanks very much. Your professional contributions will be highly appreciated
If you are registered in Duisburg, you’ll have to go to the Ausländerbehörde in Duisburg to sort out these issues and apply for a different permit. It might take a while for them to be able to access your file from Munich. You’d be applying for the “language learning permit” instead of the student visa. I don’t know your nationality or whether you are eligible, but you definitely need to go there to sort it out. So good luck!
Hello Kathleen,
I’m Gift from Nigeria. My friend and I got Volunteering Contracts (FSJ) in Germany. We tried to apply for the volunteer Visa at the German embassy in Nigeria, but were given appointments in 12 months, as the embassy is fully booked even for every other visa applications. Our contracts must have expired at that time.
I have an Uncle, a Belgian citizen, who can invite me to Belgium on tourists purpose and I can get a schengen Visa to that effect, as the Belgian embassy in Nigeria still has lots of free appointments.
My question is, can I go to Germany after my arrival in Belgium to ask for a Visa extension to enable me do my FSJ? My contract starts on the first of September.
Thank you!
Dear Gift,
As far as I know, you won’t be able to apply for a visa at all from within Germany, even if you are in the Schengen area as a tourist.
Dear Kathleen
You are a life saver with these comments! Issues regarding visa and residence permit creates huge amount of stress in lives of people, especially since you cannot learn or solve anything fast. KVR is always full and it is almost impossible to even get to somebody to talk or ask advice. I would like to ask you another question if perhaps you might know.
My blue card expires in few months. I knew this and I have tried to book an appointment unsuccessfully for months. Finally after a lot of stress I managed to get to KVR information/consultation office where they booked me one appointment. However appointment is 2 weeks after the residence permit expiration date, and they told me the same thing you explained in your post. Blue card and work permit are automatically extended until the appointment day, and that I can work without problems.
However, my company does not believe this and all the people are “scared” that this is not allowed. I cannot convince them. They want me to produce some special written permit that I can work within these 2 weeks. Is there such a thing? If not, do you perhaps know where in the law is this clarified? I am a bit perplexed myself… Thank you once again.
I only know of the link I already provided, which is on the Berlin website. I’ve tried to find a similar text on the Munich website but it’s not quite as user-friendly. If your company insists on getting a special written permit, your best bet is just to email the Munich office and explain the situation, and see if maybe they can confirm it in writing, e g. by sending you an email. You could print that out and give it to your work. I doubt they will give you a special permit for two weeks. They have many other things to be doing. Good luck!
Hi KP,
Thank you for the article that made me find you 🙂
My nationality is Taiwanese, been working in Berlin on the Aufenthaltserlaubnis (Erwerbstatigkeit gestattet stated in the Anmerkungen in my permit) for several years and I will be applying for a freelancer visa with Spanish Embassy in Germany soon, in order to reside in Spain.
The Spanish Embassy personnel told me that Auslanderbehorde shall be able to give me an extension to my current visa during the waiting time. I have requested Fiktionbesheingung before so I know how it is. But I am wondering, because, this time, I am requesting it to wait for a visa that will be actually processed in another Schengen country (Spain). The reason why I must have an extended visa is because the Spanish Embassy in Berlin already told me that they will not be able to lawfully give me the Spanish freelancing visa in Berlin even if it’s approved, if my current permit expires before then. And that will complicate things way too much (meaning I’ll have to redo the whole application from Taiwan).
So, under what visa term can I ask/convince the Berlin Auslanderbehorde to grant me a Fiktionbesheingung, and which can allow me to travel in between these two countries?
Thank you very much for the attention (and I hope my detailed case explanation here can help others in search of a direction)
Hi Ash, quite honestly, I would just explain the situation to the Ausländerbehörde and apply for an extension of your current permit at the same time. If you take a complete application for the extension of the freelance permit, the extension will either be issued on the spot or they’ll send it away somewhere and they’ll give you a Fiktionsbescheinigung in the meantime, which is probably enough time for you. Make sure you ask on the day whether the Fiktionsbescheinigung allows you to travel outside of Germany while waiting for a decision. BUT… Germany and Spain are both Schengen countries anyway, so the chances of a border control are slim.
If you want a coaching to figure out exactly which documents to take with you to extend your freelance permit in Germany, get in touch. –Kathleen
Thank you, Kathleen, for the quick response and guidance! The freelancer visa is with Spanish Authority not with Germany; I am only taking the convenience of applying it in Germany within my German residency but it won’t be the Ausländerbehörde in Berlin to process my Spanish visa application. Nevertheless, I will make sure they understand my request and give me the Fiktionsbescheinigung I want.
Thanks a lot and I wish you a great day ahead.
Ash
Dear Kathleen Parker,
As my husband is living in Germany under Job Search Visa of 6 months. But he did not get the job according to his profile but he was doing full time (8 hours) low standard job and moreover he is living without doing anmeldung and now his visa got expire on 2nd September. What he will do to extend his visa and he will able to find job related to his field. Please help us.
Hi Ruchi,
Your husband’s Job Search visa didn’t actually give him permission to work, so he might get some cheek for working without permission. He is unlikely to get an employment permit with the unskilled job, and if he’s not successful finding a skilled job before the visa expires, it will be hard for the Ausländerbehörde to extend his permit. If you want some other strategies, I would recommend talking to an immigration lawyer Good luck! – Kathleen
Thanks for you reply Kathleen, So my husband have to consult about this to immigration lawyer of germany or India.
Thanks for you reply Kathleen, So my husband have to consult about this to immigration lawyer of germany or India.
Hello Kathleen, and thank you for all your great advice.
I am currently living in Berlin and have a freelance visa. Soon I will be marrying my partner. She is from France. Thus, I would like to apply for a residency permit card for family members of nationals of EU member states https://service.berlin.de/dienstleistung/324282/
Unfortunately, we have not yet found a place to live together. Might this be a problem with the application? It says that we must be cohabiting (lebensgemeinschaft). However, until I get this visa, I won’t be able to find a regular, well-paid job, which makes it quite hard for us to find a place to live together. So it’s a bit of a chicken and egg situation I suppose.
Do you think it would be sufficient to tell the Ausländerbehörde that we are currently looking for a place to move in together? Or can you suggest some people that might be able to give me an answer?
Thank you kindly.
I found this gem from Bümlein Rechtsanwaltskanzlei: foreigners married to EU citizens are better off (than foreigners married to Germans) because they don’t lose their freedom of movement if they live separately or decide to divorce. The residence in the EU won’t be limited after the fact if they live in separate households to their spouses. There’s no minimum number of years in a common household in European law as there is in the German Residence Law.
To be completely honest with you, I didn’t take the time to read the whole article but I do know that in the GERMAN residence law, a “Lebensgemeinschaft” must already exist or there must be an honest intention to lead a common household”. So I say go to your appointment and express your desire to live together, maybe send some apartment applications away and send proof to show that you’re trying to find a place, and see what they say. Good luck! –Kathleen
Hi Kathleen,
My husband got a job in Berlin and is eligible for a blue card. I am here on a 3-month spouse reunion visa.
We had applied together through his employer for his blue card and my residence permit respectively. His employer conveyed to him that he has an appointment at the end of the month but apparently my application will take some more time to process and they will let us know when I get an appointment.
Both of our visas are expiring at the end of the month. I am a little worried about my status. My husband’s employer says that since my application has been sent to the Ausländerbehörde and is currently being processed, my visa will automatically be considered valid till I get an appointment (I have no plans to travel out of Germany at the moment). They say I should sit tight and wait for my appointment.
Is it alright if I get an appointment after my visa has expired?
It’ll be OK, but I would also go with him to his appointment and tell his case worker that you have an application pending and that your visa/permit is about to expire. They might be able to sort yours out on the day if the case worker is authorised to do spousal permits as well. If they can’t do that, they can probably at least give you a bridging permit until you do get an answer. No-one will mind you jumping in and asking a quick question about your own case at his appointment – they’re used to processing families together.
Hi Kathleen,
I am from Australia and I have been on a working holiday visa which ended in September. I have gone to my appointment in (August) to convert my working holiday visa to a work visa as I have full time employment. The Ausländerbehörde has requested more info regarding my work. My employer has hired a lawyer to deal with my visa application so that there won’t be any more mistakes or delays. The lawyers have recently sent more paper work to the Ausländerbehörde.
The laywers have adivsed that I am still allowed to stay in Germany since my application is still being processed even though my WHV ended in September.
Now I am planning to go to Africa for a couple of weeks in October. My question is, will I be able to enter Germany again since the sticker on my passport shows that it has expired in September? If not can I enter as a tourist (schengen visa as an Autralian?). Should I bring documents from my first appointment with the Ausländerbehörde to show customs at the airport and tell them my visa process is still ongoing?
Thanks for your help!
Hi Marty,
To be honest, I am not really sure. I personally would not risk it. It is true that you could re-enter as a tourist. I’m just not sure if this would screw things up with your pending application, which is based on information that will have changed if you leave the country and re-enter. Can you ask the lawyers handling your case whether travel would be OK under these circumstances? And please keep me in the loop, I’m very interested to know what the official answer would be. –Kathleen
Hello KATHLEEN.
We (self, my spouse and son) all processed National Visa (D) together in India and I arrived in Germany (Berlin) early to find and finalise to set things up (bank, phone, apartment) and then bring my family sometime in mid-Dec. My D-visa is valid until 20th Feb, where-as for my wife and son visa expires on 14th Jan. That gives us only 2-3weeks of time to apply for EU blue card for them.
What are the options available in this situation?
1. Take earliest available appointment for EU Blue card (earliest date is in April 2020). I understood from https://formular.berlin.de/xima-forms-29/nextpage/593057d9-ae5d-48f7-bba2-a6673d8004c3/ that we are legally allowed to stay until booked date. Drawback of this option is that we cannot travel outside country until EU Blue card arrives!
2. Seek national visa extension? (So that it allows in travel outside of Germany
Do you see any other options?
(I’ve unlimited employment contract and meet salary requirements for EU Blue card)
Thanks for your insights.
I would take the earliest available appointment for the EU blue card but keep reloading the website until an earlier one comes up. You have plenty of time to reload the website between now and April! You’ll find something earlier.
Kathleen
Hello Kathleen,
I have a Blue Card for 24 months and I just applied for Niederlassungserlaubnis and passed the interview. They tell me it takes 6 to 8 weeks to process the application. In the mean time my company didn’t get the investor that they thought they would get and ran out of money. My job was terminated with a notice period until Jan 2020. So do I need to go back to Ausländerbehörde and notify them of my situation and get back on blue card with the 3 months job search allowance? Or do I wait for the Niederlassungserlaubnis?
Hi Jan,
What awful awful timing! I don’t know the answer for sure, but if you have already submitted all your documents then the decision will be based on the circumstances that existed when you applied. I would just wait it out and see if you get the Niederlassungserlaubnis. If you don’t, you’ll have time to react.
Hello Kathleen,
I love the fact that you take your time to respond to questions. I want to know if it is possible for a (third country) person to get a freelance visa if they came in to Germany through a 90 days tourist visa.
Hi Christina,
Sometimes yes, sometimes no. What nationality is the third country person?
Hi,
I need the Auslanderbehorde to confirm that I will be granted work permit/Blue Card,so that I can start on 15 Nov, but the appointment they gave is on 18 December and they told that they will give it then only. Is there any way that they can confirm eearlier or I can work on 120 day work permit on student vissa. Will job seeker visa also be any useful?
Hi Pierre – job seeker visa will not allow you to work. If you’re already on a student permit, then yes, you can work up to 120 full days per year. Otherwise, you could try showing up without an appointment, but you’re unlikely to get very far if it is a blue card. And if it’s a regular old work permit, it would usually be sent away for 4-6 weeks anyway. I hope you’re already on a student permit!
Hi Kathleen,
Thank you so much for this post and helpful answers.
My situation: I am from the United States and I arrived in the EU on August 22, 2019 so my Schengen Visa expires November 20, 2019. Last month I discovered that I could apply for a German passport through my German mother and made an appointment to do that on November 27, 2019 as I got a job offer in Berlin and planned to stay for a while. Unfortunately, the job fell through (the worker I was going to replace is no longer leaving) and so I have to go home to the United States. The soonest I could book a ticket home is on December 2, 2019 which is 12 days over my Schengen Visa length. I don’t think my situation will allow me to apply for an extension. I still plan on going to my passport appointment on the 27th but am worried how that process might be interfered when I head home in December. Can I legally stay in Germany until that appointment/during that process if my Schengen Visa is expired? Is it possible to move my passport appointment to a later date and just cancel it when I’m home? Do you have any other advice or suggestions?
Thanks so much,
Audrey
hi Simon, if you’ve been told that they can grant you a 6-month job seeker’s permit/work permit extension, despite not having a degree, fantastic – go with that! It will buy you some time. otherwise, you could learn the German language for up to 12 months?
Hi Kathleen! Do you know whether the overstaying with an Aufenthaltstitel is also OK when the type of Aufenthaltstitel is changed? My soon to be wife is currently staying with a study prep visa and we want to switch it to spouse visa right after the wedding as we don’t want to bother having to renew and pay for the study visa which is not really needed anymore. Now currently there are only online appointments available after her student visa expires (of course we are checking every day to find one which is before her current visa runs out). So in the worst case would having an online appointment for spouse visa 1 month after the study visa expired be okay since it’s 2 different visa types? Thanks!
Yes, even if the type of permit changes, it’s still OK as long as you book the appointment BEFORE the previous permit expires.
Hello,
I am currently on a study preparation permit, and it expires in March. This permit is issued for two years, and allows me to work part-time starting the second year.
I changed my mind concerning doing my masters and I want to start freelancing instead. I already have an appointment for a freelancer visa end of May.
My question is: would my current permit still be valid, and will I still be allowed to work part-time until the day of the freelancer visa appointment?
Thank you!
Hi Jane,
As long as the permit remains valid, all the conditions on it will remain absolutely the same until you change it, e.g. on the day of the freelancer permit appointment assuming they issue the permit on the spot.
Hi Kathleen,
I am an Australian and my Schengen visa-free period expires on 6 March. I am planning to get the Working holiday residence permit. After checking for online appointments multiple times a day for the past month, I was only able to get an appointment for 24 March. I am trying to decide whether I need to go line up in the queue at some ungodly hour before 6 Match, or if it is okay to attend my appointment in a few weeks.
As you write: “Case workers at the Ausländerbehörde Berlin are telling people that they can overstay their tourist (Schengen) visas until a booked appointment weeks or months in the future. Even the security guard out the front at Charlottenburg is telling people that there’s a “2-week grace period for expired Schengen Visas.” Many of the foreigners that take this advice will be absolutely fine because they are a citizen of a “privileged” country e.g. USA, Canada, Australia.”
I’ve also heard and read this from other places, but I can never find this infomation in writing from an official source.
Do you have a source for this information?
No, no source, just word of mouth.
All the same, the Ausländerbehörde is currently in a state of chaos anyway. If you have an appointment on 24.3, attend it if it doesn’t get cancelled. And if it does get cancelled, just sit tight. You might not even be able to leave Germany at that point!
Hi Kathleen,
Thank you so very much for this article!
I am currently a student, but have been denied any further extension of my student visa after the end of this month, as I have taken too many semesters already. I am finishing my thesis and plan to apply for the graduate permit anyway, but the first available appointment was in the third week of April. Is it ok for me to simply wait until the appointment? It would be better for me in case my university cannot process my credits before the end of this month, but because of my previous trouble with the Ausländeramt, I am worried about overstepping any rules.
Thanks again!
If you booked the new appointment while your current permit was still valid, your permit will remain valid until the date of the appointment, even if the permit has expired in the meantime. That is unless they denied you and gave you other instructions (ie. to leave the country) the last time you visited? In any case, LEA is canceling most booked appointments and is currently in chaos. ANd maybe you can’t leave the country? I wouldn’t worry about it right now.
My german fiancé and me(Singapore citizen) are scheduled to get married in Denmark in November. So I will enter Denmark(Schengen area) on day 1 of the visa free entry of 90 days and get married on day 3. Day 4, we will go to Berlin where he lives. Is it possible if I can apply for a Aufenthaltstitel as a spouse of a German national while on that C type visa considering I have all the prerequisites and hopefully it gets approved before day 90? I will also book an appointment beforehand so that i could submit my application with the office on day 7 on that c type visa.
Hi Sangeetha. Congratulations on the upcoming nuptials! I got married in Denmark, too. It was amazing. If you apply for an Aufenthaltstitel as a spouse and for some reason, you don’t get it immediately, you’ll be allowed to stay until the decision is made. But usually, if everything checks out, you would get it on the spot.
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Hi Kathleen. This page is a wealth of useful information thanks! I have a question that’s only partially answered here.
I’m an Australian that holds an Aufenthaltstitel and it expires end of November. If I book an appointment with the Auslanderbehörde close to that time to renew my visa, am I able to leave the country / Schengen area to visit family for Christmas and be allowed to enter Germany again before my appointment?
Thanks!
Usually, you can only be reassured that you’ll get back into the country without trouble if you re-enter Germany while your current permit is still valid. Having said that, as an Australian you should read this.
If you family reunion visa expired before you residential permit ready what are you going to do and the person in charge of your case is on vacation
If you made an application for a permit and the case worker didn’t make a decision right away, you’re permitted to stay in Germany until they have made their decision. They could have given you a “Fiktionsbescheinigung” (fictional certificate, like a bridging permit). If they did, and that’s what is about to expire, contact them to give it a bump, but don’t worry about having to leave the country if you did indeed make an application and you are waiting on a decision. Leaving Germany might make it hard for you to get back in, anyway.
But they didn’t give me Fiktionsbescheinigung I don’t know what to do
Hi Kathleen,
I hope you are doing well.
I read that if a person is residing outside of Germany for more than 6months, his or her residence permit voids.
Whether this rule is valid even if my wife leaves Germany and go-to India for childbirth.
Our visa is valid until 2022.
Thanking you.
Vadivel
Hi Vadivel,
Yes a stay outside of Germany for more than 6 months can invalidate your permit, but there might be special considerations at this time for people who are stranded and can’t get back to Germany due to COVID. You can also ask the foreigner’s office to excuse the longer absence in advance if you check with them before you travel. Good luck! Kathleen
This has been quite helpful, and a bit of fresh air to read.
My visa expired several weeks ago, but months before that (well before COVID hit) I was in the process of renewing it (and just incase, booked an appointment for June 30th). Due to certain things, it was rejected.
Once I began applying for another visa, COVID hit. Ever since it’s been the most painful, and run around process, I only just this week received an email saying I can send in my documents.
With my visa expired, and my booked appointment (which I doubt the Auslanderbehorde will be open for) coming up soon- do I need to be worried about having to leave Berlin? (I am Canadian btw, for what counts).
Cheers!
As long as you are still waiting on an answer from the foreigner’s office about an application you’ve submitted for a work permit, you don’t have to be worried about leaving Berlin.
Hi Kathleen,
I am an Australian citizen and I have just entered Munich on my schengen visa and I was hoping to apply for my job seeker visa with ausländerbehörde. The ausländerbehörde in munich is only open for appointments and they have requested you complete an online contract form and they will advise if an appointment is required. I noticed there is a massive backlog and I’m worried that I won’t get the appointment in time before my schengen visa expires. If my appointment is scheduled after my schengen visa expires. Would this be an issue? Would I need to leave germany?
I don’t know the KVR’s position in Munich, but I know that in Berlin it would be fine to wait until you can be seen, even if your 90 day visa-free period (you don’t have a Schengen visa) expires before an appointment is possible, and especially if you have applied via email or online, because it is not possible to walk in right now. I suspect it will also be fine for you, as an Aussie in Munich. I’d submit your application by email, mention in the cover letter that your 90-day visa-free period is due to expire on X date.
Hi Kathleen,
First off I would like to thank you for your time and effort that you put on this page. It’s been a trove of information and I feel like I understand this muddy process a little cleaner. I came with my wife and child to Berlin under the family reunification route. My wife is a German citizen and we have applied for residency for me. My shengan will run out in the middle of September but we have an appointment in the beginning of September. My question is, if I get approved for the permit but am waiting for it to get mailed to me, am I allowed to go back to the states for a few weeks for work. I have a big opportunity for work over there that I would like to take advantage of but I don’t think I’ll have the physical card by the time I would have to leave. Thanks!
From reports from clients recently, you don’t actually get the benefits of the permit until you’ve received it in the mail, even if you got an approval notice. I wouldn’t risk leaving Germany until you have the permit in your hand. I understand your frustration with that answer, though!
Hi Kathleen,
I’m an Indian national born in Germany and living here for all 25 years of my life (turning 26 soon). I hold the NE. I went for a 1 year required study abroad with my German university.
While I was away I noticed my NE card was expiring. I asked the office for help to make a renewal. They told me that my NE expired because I left the country for more than 6 months and even though I’m lifelong resident of Germany for over 25 years now, the 15 year rule doesn’t apply to me since I’m a student and my parents (Indian nationals living in Germany with same NE) support me. And even though I was away on required study with a German university, it doesn’t count. I had no idea about this rule.
I returned through the airport and entered Germany normally via the federal police who did not say my NE was invalid.
Now the office said they are going to send a letter to deport me to India.
Is this true?
That seems strange, Kirsten. The two exceptions to the expiry of the NE that I know of both seemingly apply to you: 1) you’ve been here for more than 15 years and your Lebensmittelpunkt is in Germany and 2) the nature of your trip overseas was temporary in nature. In fact, a study semester abroad is listed as a typical “temporary” reason.
Sigrid Nelsen wrote this: Ausnahme vom Erlöschen des Aufenthaltstitels:
Gemäß § 51 IV AufenthG wird dem Ausländer eine längere Frist zugebilligt als die 6 Monate, wenn er aus einem seiner Natur nach vorübergehenden Grund ausreisen will. (Typischer Fall ist ein Studium oder Arbeit im Ausland. Hier sollte in jedem Fall vor der Ausreise mit der Ausländerbehörde eine Einigung über eine Fristverlängerung getroffen werden.)
Gemäß § 51 II AufenthG erlischt die Niederlassungserlaubnis eines Ausländers auch bei einem Auslandsaufenthalt von mehr als 6 Monaten nicht, wenn er sich bereits seit 15 Jahren rechtmäßig im Bundesgebiet aufgehalten hat, wenn der Lebensunterhalt gesichert ist und kein Ausweisungsgrund nach § 54 Nr. 5, 5a. 6, 7 oder § 55 Abs. 2 Nr. 8 AufenthG vorliegt. Das gilt auch für die Ehegatten.
I suppose it might have been clever to get formal permission to leave from the foreigner’s office before you left. But it can’t be helped now.
I am not a lawyer. So I suggest you speak to one! I feel like it would be easy to prove that both those exceptions above apply to your case. But to be absolutely sure, talk to someone with a law degree instead of trusting some lady who writes a blog.
Good luck to you!
Hi Kathleen,
I misread the expiry date on my working holiday visa and only registered online for an appointment 3 days AFTER the expiry date. I am hoping to apply for the artists visa, but am concerned that since I didn’t book an appointment while my visa was valid that it will not be considered ‘extended’ and that while I may be allowed to stay in the country, I won’t be entitled to continue my employment. Information online about this registration that is only for people ‘with an appointment or an expiry visa’ says the applicant can continue working but I’m not sure whether this includes expired visas as well as expirING visas. Any ideas? Thanks so much for your help in advance.
Hi Jo. Technically you are right, you should have registered on the website before the visa expired and if someone was having a miserable day, they could use those pesky three days against you… but to be quite honest, the foreigner’s office is so overwhelmed and running so behind, I would hope that they would be lenient with you under the circumstances. Send them an email using the contact form on the website, take a screenshot of the confirmation that it was sent, and sit tight waiting for a reply. Worst case scenario, if you’re a citizen of a group of countries with special privileges (USA, Japan, Canada, NZ, Australia plus a few others), you leave, come back a few days later as a tourist, and make a new application.
Hi Kathleen,
I am an Australian with my WHV expiring in month. I was issued the visa in Poland and never received a residency card or sticker/wording saying “Aufenthaltstitel” anywhere on the visa. Was I supposed to seek one in Germany afterwards? I was under the impression the visa was all i needed?
Thank you 🙂
Your WHV is fine as it is, unless it was only issued for 3 months in Poland and they told you to get it changed over to an “Aufenthaltstitel” once you arrived? If you got the full year, you’re fine until it expires.
Hi Kathleen.
My wife is a student in Berlin and pursuing her masters, together we have a daughter, and we would like to join her in Germany till she completes her education. I’m her sponsor in everything, from accommodation to tuition fees. Now reading from the German website on family reunification it seems she has to be the one sponsoring us to join her.
” Those individuals who the relative would like to move to live with must have sufficient income to be able to look after those moving to Germany, without depending on social benefits” and in this case, I can sponsor the whole family financially. She as well has blocked account funds at her disposal.
Please, what can we do to supplement this?
Hi Daniel,
Is this the one you’re looking at? I don’t know your wife’s citizenship but assume she is a non-EU citizen. I am under the impression that they will look at the household’s income and not just hers. If you’ve got proof of an ongoing income (e.g. employment/self-employment contract), that would help. But even if you don’t have proof or it’s too hard to get, she also has a blocked account and perhaps you have plenty of savings at your disposal. In which case, you could just top it up so that her withdrawal amount gets increased significantly. They’d want to see a minimum amount of: your household rent + all health insurance policies + 446 per adult in the household/380 per child (could be less depending your child’s age) per month. Let’s say you’re paying 1200 a month in rent and 500 a month in health insurance for everyone. That would mean you should have at least 2972 EUR per month available for her to withdraw from her blocked account each month to cover all of your costs. If that’s do-able, then you are covered on all accounts.
Hi Kathleen
Thank you for this article. I am student and I got my Schengen visa last year to come study in Netherlands. I got my residence permit within the time my visa was still valid. But I decided to come to study at Germany this year. But once I left my school in Netherlands my residence permit got cancelled due to I wasn’t a studying there anymore. I’m presently studying in Germany but my visa had already expired last year in Netherlands, would it be possible to apply for a new visa and residence permit here in Germany ?
I don’t know your nationality, Chris. But either way, you should get that sorted. If your Visa in the Netherlands got cancelled and you never managed to get a German one, you’re not legally resident in Germany while studying. You might have to apply from outside of Germany, but this depends on your nationality. I suspect you will have to apply from outside of Germany, because you mentioned you got a Schengen Visa for the Netherlands. In any case, maybe speak to an immigration lawyer to figure out what to do next. Good luck! Kathleen
Hi I am 7 months pregnant and am a student here my due date is April 17th but my residence permit will expire March 8th of 2021 and the father of my child is a german citizen but we are not married and has signed the vaterschaftsanerkennung is it possible for me to apply for family reunification before the baby is born and change my residence.
Thanks will be waiting for your reply
Congratulations Osarugue! I would email the foreigner’s office in your city and send them the paternity document. The family reunification permit will only be possible once your baby is born and has its own residence permit as the child of a German citizen (its father), unless you marry the father, but they might be able to issue you with some sort of temporary solution until the birth. I hope it all goes well!
Thanks very much
It won’t be possible to change your residence before the child is born, but it is usually possible to issue some sort of extension permit to bide your time until the baby IS born. Also, I believe the father would also have to share custody of the child. Someone please correct me if I am wrong! -Kathleen
Hi Kathleen, thanks for the great page.
I am a US citizen on a Schengen Visa visiting my girlfriend in Berlin for the summer. I arrived May 15, my flight out is booked for August 21. Because I was here earlier this year, there is a period between June 29 and July 15 or so where I would be overstaying my 90/180 rule. Is there any way I can get around having to leave the Schengen Area for those weeks? I was hoping I could make a residence permit appointment for after August 21, then just leave on the 21st and say I had an emergency, but it seems like they closed that loophole :/
Thanks
Paul
Booking an appointment doesn’t extend a Schengen Visa, and besides, as an American, you’re probably not even on a Schengen Visa. Do you have a physical sticker in your passport that says Type C Visa? I could be wrong, of course, but if you don’t have something that says “Visa” in your hand, you’re here on your 90-day visa-free time as an American citizen, so there is quite literally nothing to renew or extend. You could book the earliest possible appointment at the foreigner’s office from within your 90-day visa-free time and just carry proof of the appointment around with you, or any correspondence that looks like an attempt to book an appointment, and you’d probably get away with it, especially if you didn’t have to interact with authorities at all during those weeks. But it’s not an absolute guarantee, of course, and might not be a fun burden to bear in your last few weeks with your girlfriend. Why don’t you apply to do a language course or something and get a short permit that way? Or … travel. Or genuinely apply for some other type of permit, even just as a formality.
And still, in 2021, I had an officer today tell me today the following. The back story is I arrived on September 1st on my Schengen visa and I can’t get an appointment with them until November 9th (for a freelance visa). “If the appointment is after the tourist stay has expired, the confirmation of the appointment indicates that your stay is legal in Germany until the booked date. However, the prerequisite is that the day of booking itself, i.e. the day on which you make the booking, is still within the 90 days.”. Also, you can’t just show up because of Covid social distancing rules. This is so confusing!!
Hi Penny. That does make sense to me. You arrived Sept 1. You sat down in front of your computer and booked the appointment online (the day you sat down in front of your computer to make the booking is the “day of booking”) between Sept 1 and November 30th. Let’s say the day you clicked “book now” was October 15th. Even if you only were able to get an appointment for January 14th 2022, well beyond your 90 days, the “day of booking” (Oct 15th) was within your 90 days. So you’re fine to stay until January 14th, even though the 90 days will have expired by then.
Hello. Did they tellyou this in the police?
Hi Kathleen thanks fo your page,
I feel hopeless… I arrived in Germany as a tourist last october, my german partner and I (I’m from Mexico) decided to get married while I was here, we first went to a lawyer for some help and we applied for marriage at the Standesamt in November,( which was approved in January) my 90 days expired in December but my lawyer said he would apply for a Fiktionsbescheinigung so I was calmed that I was not going to be illegal. but after contacting the lawyer again he said he didn’t do it. My marriage could only happen if I fixed my legal status so I needed a visa to get married here. He has been trying to contact the Auslanderbehorde to review my case for months but honestly I feel he hasn’t been helping much and just made my case even worse. I have just been waiting in the worst legal position, I decided to go back to my country get married there and apply for family reunification, I went to the Auslanderbehorde recently to ask about my case, because my lawyer is just not giving me any updates and they told me there if I wanted to leave they would give me a paper that I could show at the airport. Would all of this affect my further application for family reunification? I’m scared to not being able to be with my boyfriend or being banned from Germany over a bad lawyer.
Thank you!
What a horrible situation to be in! I am so sorry to hear about this. I can’t answer the question as I have no idea what would be written on the piece of paper that you’re supposed to show at the airport. I’m also a bit confused about your recent visit to the foreigner’s office and why they didn’t just fix the problem then and there. In any case, I’d recommend another lawyer. I think Juliane Linke is wonderful.
Hi i have a question
I applied for a residence permit in berlin (my schengen visa ends on 28/2), i received a paper from the immigration office to stay until my residence card is ready, however the i’m moving out (to stuttgart) of the address that i’m supposed to receive the card on (in berlin) so what can i do in order to receive my card at my new address in stuttgart
Thankyou
I would get a mail forward contract for two companies: Deutsche Post and Pin AG. It costs around 25 EUR I think, for 6 months. PIN AG is the company that delivers all the government mail in Berlin – not Deutsche Post. Once you re-register your address in Stuttgart, the foreigner’s office in Berlin a) will see that and b) will no longer be responsible for your case. If you can wait to register in Stuttgart until you’ve received the card, that could avoid a screw-up. If you can’t, email the foreigner’s office in Berlin to let them know about your change of postal address, but don’t expect a reply.
Hi Kathleen,
I arrived to Germany with national visa and I will apply for residence permit soon (I came here with blue card application process).
In the residence permit application form there is a question about illness, how does this question effect the residence permit process? I have a chronic illness and I feel a bit concerned because of this question. I am ınsured by TK.
Thanks in advance for your reply. Have a nice evening.
p.s. I am sorry if this is not the right place to ask this question.
Hi Pine. I’ve never seen any questions about illnesses on the application form for a residence permit or Blue Card. It makes me wonder if you’ve found the wrong form online. The only question they usually ask you is if you are health insured. Care to give me the title of the form you’re trying to fill out? Also, which language did you download it in? The Portuguese application form, for example, has different questions to the ENglish/German/Italian/French one.
Hi, I entered Germany on October 1, 2021 and applied for a D visa. I’m an american. The German foreign office extended my stay in writing until March 2, 2022 while they were reviewing my case. My residence permit got denied two weeks ago. I am leaving Germany on March 1. When can I re-enter the Schengen zone? Thanks for your help!
Hi Jessica, that’s hard to calculate exactly but here’s a Schengen calculator where you can put all your dates in and it will help you figure it out. You are permitted to stay in the Schengen area for 90 days out of every 180 days.
Hi Kathleen,
Wow you are amazing. You have resolved so many queries on this thread. I would like your guidance on the following.
I had studied in Germany and worked a bit in the past. I then moved abroad within EU for few years, and came back to Germany on a job -seeking visa. I then received a residence permit for self-employment to do freelancing activity. It was granted initially for 1year, with a bottleneck that I have to notify them every-time I get a new project so that they can update the Zusatzblatt and send me the new version. Before the expiry, I received an appointment date, and I recently went to MigrationsAmt with all documents and new Letters of Intent to get the extension. They said it will take time and that I should wait. The visa expired a few days ago, and I already have an official letter from them stating that residence permit is being extended and that I can stay here for 2 months. Today I just received a Fiktionsbescheinigung with 6 months time on it. Does it mean that they extended my visa only by 6 months, or does it mean that they are still processing the residence permit extension application (it’s just been 15days since extension interview day). My general impression was that they grant the self-employment visa for 1year in the beginning, and then extend it by 2 or 3 years. So I am a little confused. Perhaps you could shed some light on what to anticipate in terms of how the process will unfolds.
Another question I had is whether my time in Germany (study+work) in the past will count towards permanent residency when I apply for it in the future. Many thanks for the guidance and support.
I can’t say for sure whether it’s being extended because they are making a decision about a longer residence permit or whether they’re extending it and want you to come back in 6 months with new documents, it could be either. A Fiktionsbescheinigung is usually issued to give the foreigner’s office time to make a decision, but it is sometimes issued to give an applicant the chance to provide more documents.
For PR, your time studying is counted at 50%. Your time working and contributing to the pension is counted at 100%.
Hi, I’m currently waiting to get an extension on my “Aufenthaltstitel”, and I have already obtain my appointment late next month. My question is, am i allowed to still travel outside Germany while waiting to get my extension? or do i have to get a “Fiktionsbescheinigung” to travel around Europe?
Depends if your current permit is still valid when you return, or has expired or will expired while you’re overseas. If it has expired or will expire while you’re overseas, ask the office for a Fiktionsbescheinigung §81.4 before you leave.
Hi Kathreen, thank you for your post. I have an issue that maybe you have some good advice for. I applied for a residence permit in Nuremberg with a full-time work contract since last October and haven’t got it until now. So I contacted Bundesagentur für Arbeit and they said my case was closed because of an incomplete document. I was notified about this by the Foreigner Office in February 2022 – they asked me to send a complete one which I did in March. Apparently, they did not forward it to Bundesagentur für Arbeit, which asked me to ask the Foreigner Office to give them my complete document, so the case can be reopened. I wrote the Foreigner Office because when I phoned them, they would say ‘I don’t speak English’, and still haven’t heard from them. What do you think I should do? My legal stay will end in October 2022 (I came with a jobseeker visa) while my work contract will also end in 3 months. Your advice will be extremely appreciated.
I’m curious to know how this one turned out. My prediction is, it has been sorted by now and you have a work permit for the new job. The only thing that stood out is that your jobseeker permit doesn’t actually give you permission to start working. If you had already started working before you received the work permit (not jobseeker’s permit), that might have caused an issue.
Hi, I entered in Germnay on 15may2022 family reunion visa. my visa was valid till 5th august 2022. I tried a lot to book an appointment online but every time i got a response that “no slot available”. I emailed to german foreign office 2 weeks prior my visa expiry date and told them all situation with documents. In resposne i go just an auto generetd email that ” we are working on your application and till you recieve appointnment your stay is legal in germany”. but still didnot get an appointment or further email. what do you suggest me in this situation?
You wait until they offer you an appointment. Until they do that, you’re fine to stay in Germany. If you need to travel overseas, ask for a Fiktionsbescheinigung to be posted to you. And CHECK YOUR SPAM because sometimes the invitations to the appointment end up there and it is very important that you attend whatever appointment they offer you. Cheers!
hello
Im an exchange student in berlin and have a residence permit till 30.9.2022.
would it be possible to stay as a tourist after my residence permit expires ? do i have to leave and come back?
Or are there any other options?
Also, before i received my residence permit( 15.5 – 30.9) i stayed in berlin for 49 days, would that mess with the 90 days Schengen Visa now?
Hoping to hear from you soon!
Thank you
It’s really hard to answer this question, not even knowing e.g. your nationality and whether you needed a visa to enter in the first place. I’d talk to an immigration lawyer to see what your options are.
Hi Kathleen,
Thank you for the information. A residence permit can be extended with an appointment, as you so aptly put it, does this mean that I can travel freely to play a concert in Greece in October and come back even though my residence permit expires on the 29th of September? My earliest appointment is in November, do you think it will cause problems?
Best wishes,
Samir
I wish I was able to respond to this a bit sooner. It might be fine because there may not be border control between Greece and Germany, but there’s always a small risk that someone will cause problems for you. The solution is to ask for a Fiktionsbescheinigung to be issued before you leave. Perhaps you’ve gotten one of those by now!
Hi. I am a South African (with a valid South African passport) permanently employed in Germany (with a National Visa) since May 2022. I have completed Anmeldung and have tried to obtain an appointment for residency in Darmstadt; only to be informed via email that I will be informed about my appointment date. My employer also tried to assist, however, the same response was received. This Foreign Office only accepts scheduled appointments, no walk-ins allowed.
My concern is that my National Visa expires on 10 Nov 2022. Although the Foreign Office confirmed via email that while waiting for an appointment it will have no impact on my residency and current status in Germany. This is fine, I guess while I stay in Germany, but I wish to travel to South Africa and arrive back in Germany after 10 Nov 2022 (thus after my National Visa expires). In this case I presume getting back into Germany may be problematic but probably likely. However, trying to leave South Africa when returning to Germany with an expired German National Visa will most likely be impossible. This is my problem in short.
Do you perhaps have any suggestions in order to address this situation?
Further to the situation described, I was wondering what I will need to do if for any reason I need to travel to South Africa to attend to an emergency situation (death, illness, etc. scenario)?
Thank you kindly.
You should email the office and ask for a “Fiktionsbescheinigung” before you need to travel. They should be able to issue you with one because you have a current visa and you are asking for this document while waiting for an appointment to extend the visa (or convert it into a long-term residence permit, which is what you’re trying to do ). They will probably only send the Fiktionsbescheinigung to you a week or two before the permit expires, so, in early November. Yes, if you need to travel urgently to South Africa, you will either have to return within the validity of your current permit or hope that you get this Fiktionsbescheinigung before you go, otherwise it will be an absolute nightmare for you and you might have to decide not to go back if you can’t get a travel document.
Thank you so much for your kind response. I will most definitely follow your advice.
Hello!
Thank you for the valuable information.
I am currently studying my master’s degree in Germany. My National Visa (Type D) is valid until November 2022. I completed my Anmeldung and I am waiting for my appointment to get a long-term residence permit. However, Foreign Office is taking a lot of time to set the appointments. The problem is that I want to travel to another Schengen country for Holidays during end-December 2022. However, I believe that I will not have my residence permit before 2023. Could this trip to other EU countries generate a problem? (As my National Visa will be already expired in December)
Best wishes,
Yes, it could, if you are questioned by authorities while overseas or while trying to re-enter Germany. It’s not likely but not impossible in the Schengen region. I would ask the foreigner’s office for a Fiktionsbescheinigung §81.4 before you travel.
Hello
Thank you for this nice write up. I have a tricky question.
I am in Germany in a work visa since January, my current visa expires in August. I am yet to book an appointment to submit for the residency. However I intend to travel to Russia by land through Poland in March. Can I be able to leave even without having a Fiktionsbescheinigung and renter through Poland. Is it allowed to travel out of the EU on just a national visa? I already have a residency in Russia, so it won’t be a problem for me to enter Russia
Without a valid travel document you might be refused entry into Poland/Germany. I would email the foreigner’s office, attach proof of your travel (e.g. a plane ticket or train ticket) and they should be able to send you a Fiktionsbescheinigung.
Can you attend the appointment if you’ve resigned and serving the notice period?
You absolutely SHOULD attend an appointment you’ve booked if you’ve resigned, because your current permit will lose its validity when you stop being employed and you’re going to need to sort out what happens next.