Traveling to Schengen as German resident
Apr 14, 2020, 12:44 pm
#31
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Did you get this advice before or after coronavirus-based entry restrictions went into effect in March? This would indeed have worked perfectly before the virus - as an American, you could indeed enter Germany without a visa and apply for a residence permit when inside the country.
But from the legal point of view in Germany, a "permanent resident" is someone who has a permanent residence permit ("Aufenthaltstitel"). And the new entry restrictions due to coronavirus only allow citizens and permanent residents to enter the country. So you will need some leniency on the part of the German border police to let you in, and I am not sure how they would be handling this.
I just called the German federal police (Bundespolizei) office responsible for the border control in FRA (+49 69 34004999) and asked. They told me there is no way for you to come to Germany and that you should not travel under the circumstances you described (U.S. citizen in the USA, fiancée in Germany with a wedding appointment in June, no "Aufenthaltstitel", but with a "Meldebescheinigung"). According to them, a planned marriage is not a sufficient reason to get an exception from the current travel restrictions. Not sure how well they speak English (I spoke German), but maybe worth giving them a call.
But from the legal point of view in Germany, a "permanent resident" is someone who has a permanent residence permit ("Aufenthaltstitel"). And the new entry restrictions due to coronavirus only allow citizens and permanent residents to enter the country. So you will need some leniency on the part of the German border police to let you in, and I am not sure how they would be handling this.
I just called the German federal police (Bundespolizei) office responsible for the border control in FRA (+49 69 34004999) and asked. They told me there is no way for you to come to Germany and that you should not travel under the circumstances you described (U.S. citizen in the USA, fiancée in Germany with a wedding appointment in June, no "Aufenthaltstitel", but with a "Meldebescheinigung"). According to them, a planned marriage is not a sufficient reason to get an exception from the current travel restrictions. Not sure how well they speak English (I spoke German), but maybe worth giving them a call.
Apr 14, 2020, 2:46 pm
#32
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Apr 14, 2020, 3:18 pm
#33
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Are you sure? Cause I called them too and got a different response...multiple times. I have attached a screenshot from their website bundespolizei.de where it mentions that with residence it is possible to enter. Since it's listing residence in addition to residence permit, either should work.
Further on the same page, is says:
Personen, die nicht die deutsche Staatsangehörigkeit haben, dürfen unter folgenden Bedingungen einreisen:
...
* zur Begründung eines Aufenthalts in Deutschland nur, wenn dies zur Aufrechterhaltung einer bereits im Ausland bestehenden Familieneinheit geboten ist (Begleitung oder Nachzug nach Deutschland). Drittstaatsangehörige benötigen zusätzlich ein Visum der Kategorie D.
...
* zur Begründung eines Aufenthalts in Deutschland nur, wenn dies zur Aufrechterhaltung einer bereits im Ausland bestehenden Familieneinheit geboten ist (Begleitung oder Nachzug nach Deutschland). Drittstaatsangehörige benötigen zusätzlich ein Visum der Kategorie D.
The page lists a lot of possible situations, but does not specifically address entering Germany for the purpose of marriage. Simply "visiting" your partner is not permitted ("5. … ich meinen Ehepartner/in oder meinen Partner/in besuchen möchte?")
My opinion remains that this will not work in the current situation, but I am not the one who makes decisions. Could be I am wrong or that you would be lucky. Have you considered asking your fiancee to do some research on this?
Apr 14, 2020, 3:26 pm
#34
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A residence permit for a place doesn’t necessarily mean having a physical residence in the place for which a resident permit or right status is held by an individual.
For a couple to be treated as part of an existing family for immigration purposes in Germany, marriage isn’t a necessary condition.
For a couple to be treated as part of an existing family for immigration purposes in Germany, marriage isn’t a necessary condition.
Apr 14, 2020, 3:39 pm
#35
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There are a few rare exceptions though (e. g. foreigners who have been living in Germany for over 15 years).
But as I said, the phrase "Personen mit Wohnsitz in Deutschland' (persons with a residence in Germany) appears cryptic to me and I do not know what to make of it in the context of OP's questions.
Apr 14, 2020, 4:00 pm
#36
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Edit: You are saying that a residence permit can not exist without a residence, which is true. But can a residence exist without a residence permit?
Thank you all for your input!
Apr 14, 2020, 4:17 pm
#37
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But I don't know an exact answer for a non-EU foreigner. Reportedly, people (such as yourself) get their residence registration without having a residence permit. But I don't know if such a registration is valid from the legal point of view.
Apr 15, 2020, 2:10 am
#38
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It’s possible to have a German residence/residential property as a non-European foreigner without a currently valid German residence permit.
Apr 15, 2020, 5:35 am
#40
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Using something like the following:
https://www.bmi.bund.de/SharedDocs/d...cationFile&v=2
may not fly so well with the airline, although the more stuff you show them and angle before they dive in, the more likely you’ll have a chance even with using something that is arguably not applicable.
Cross-border travel for compelling reasons? Family reunification or medical care needs can sometimes work to fit into that exemption window to the border controls for this virus situation. But there is some substantial chance that the airline and maybe even passport control will frustrate the trip.
https://www.bmi.bund.de/SharedDocs/d...cationFile&v=2
may not fly so well with the airline, although the more stuff you show them and angle before they dive in, the more likely you’ll have a chance even with using something that is arguably not applicable.
Cross-border travel for compelling reasons? Family reunification or medical care needs can sometimes work to fit into that exemption window to the border controls for this virus situation. But there is some substantial chance that the airline and maybe even passport control will frustrate the trip.
Last edited by GUWonder; Apr 15, 2020 at 5:44 am
Apr 15, 2020, 5:41 am
#41
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- EU citizens and third-country nationals returning to their country of origin or country of residence (for which they have a long-term residence permit) will still be allowed to travel through Germany to reach their destination.
Apr 15, 2020, 5:52 am
#42
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The residence right status being only by way of long-term permanent residence status doesn’t seem to be a general requirement enforced by German passport control. And the trip to Europe need not be a “return”.
Apr 15, 2020, 5:58 am
#43
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I know there's a substantial chance I'll be stopped at check in or passport control. I'm going to carry all supporting documents with me and give it a try. After all I do not have a job or house here in the US. Most of my clothing is in Germany. There's not really a reason for me to stay here indefinitely...
Apr 15, 2020, 6:50 am
#44
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Apr 15, 2020, 6:56 am
#45
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Good luck with your attempt, even as there is a substantial chance of facing a problem with the airline and/or passport control.
I don’t think it would help you to know the following, but they have allowed in some non-European citizens who don’t have a long term residence permit from Germany but may have some other basis allowing them to be entitled to have some other kind of leave to remain in Germany as a resident of sort or otherwise and thus to be treated the same as third country nationals with a long term residence permit from Germany when it comes to traveling to Germany from beyond the Schengen area and getting an exemption to the EU/Schengen and German bans. For one example, if you were part of a non-German, EU citizen’s immediate family and had a right to long term residence in another EU country of sort but were relocated to Germany and waiting for a German document or permit to be issued but normally entitled already to move residence to settle with EU spouse or for dependent children already settled in Germany, then that would be a kind of situation where it may work. But this is probably the kind of example situation not applicable to you.
I don’t think it would help you to know the following, but they have allowed in some non-European citizens who don’t have a long term residence permit from Germany but may have some other basis allowing them to be entitled to have some other kind of leave to remain in Germany as a resident of sort or otherwise and thus to be treated the same as third country nationals with a long term residence permit from Germany when it comes to traveling to Germany from beyond the Schengen area and getting an exemption to the EU/Schengen and German bans. For one example, if you were part of a non-German, EU citizen’s immediate family and had a right to long term residence in another EU country of sort but were relocated to Germany and waiting for a German document or permit to be issued but normally entitled already to move residence to settle with EU spouse or for dependent children already settled in Germany, then that would be a kind of situation where it may work. But this is probably the kind of example situation not applicable to you.
Last edited by GUWonder; Apr 15, 2020 at 7:04 am