Re-entry to Germany without a residence permit?
 

I'm a US citizen in who has been in Germany for research since May 31. I applied for my residence permit back in June, but because of how incredibly slow the Munich foreigner's office is, I have only received my Fiktionsbescheinigung and not an actual residence permit.

The Fiktionsbescheinigung was issued under § 81 Abs. 3 Satz 1, which means it is not valid for travel.

I am supposed to go back to the USA for a short visit next week. Will I be denied re-entry to Germany since I have now been in Germany for longer than the usual Schengen 90 days out of 180?

I have found a discussion here (in German) suggesting that citizens of the visa-free countries listed in § 41 Abs. 1 AufenthV (including the US) may re-enter Germany, even if past the Schengen limit. But I can't risk being turned back upon arrival in Germany, especially because my house in the US is being rented out.

Knowing how strict and unwavering the Germans can be, I wouldn't risk leaving the zone Schengen if you intend to return to Germany.

Probably best is to get in contact with the foreigners' office in Munich to see if you can get a document showing that your application is processed. Currently the foreigners' offices all over Germany are extremely overworked due to all the Ukrainian refugees.

The fact that you have applied for your residence permit is enough to let you in again. There will be no overstay recorded in the system.

We went to the Munich Ausländerbehörde on an emergency appointment today and they told us we could not re-enter Germany with a Fiktionsbescheinigung under Abs. 3. We could if we had one under Abs. 4 (extension of an existing permit), but not if we have yet to receive our actual permits. (The Fiktionsbescheinigung is the document that says we've applied and they're working on the application; it allows us to stay legally in Germany).

I am not sure the Ausländerbehörde is correct on the entry requirements in light of the privilege granted to U.S. citizens under § 41 Abs. 1 AufenthV; I don't think the local Ausländerbehörde is responsible for administering or interpreting Germany's entry requirements for U.S. citizens. But we were not allowed to speak to anyone who actually knows the laws, and we seem to be at a dead end. The German and American embassies have just referred us back to the Munich Ausländerbehörde, and my inquiry to the German Federal Foreign Office has gone unanswered.

Without some official source confirming that we would be readmitted to Germany, we will have to abandon our trip to the U.S.

The problem is how to interpret §41. In general this paragraph means that citizens of the mentioned countries can apply for a resident permit / long term visa AFTER they entered Germany under the visa waiver (90 days rule). Everybody else must do this BEFORE entering Germany. The question is now if this also applies when you already are in Germany and have applied for your resident permit and you are waiting for it. Only a lawyer can give you some more concrete advise.

For example when you wait for a green card an you are already in the US with a visa you are normally not allowed to leave the country. You need a special permit to leave and re-enter. Sounds to me that the German rule is similar.

Have you tried asking the BP? They usually decide about admittance: https://www.bundespolizei.de/Web/DE/...rage_node.html

Thank you for that link! I had not found the BP inquiry page before.

Maybe I will get an answer before we are scheduled to leave tomorrow...:eek:

FLYERTALK FOR THE WIN!!!!!!!!

I used that link to send an inquiry to the Bunespolizei, and received a response in 37 minutes. With an apology for the delay. Clearly the Bundespolizei are cut from different stuff than the KVR.

Here is what they said:
Google translated:

(§ 16 lists those countries which, on account of bilateral agreements that pre-exist Schengen, "are exempt from the requirement of a residence permit for entry and residence in federal territory, even if the time limit of a short stay is exceeded.")

Oliver, we are in Munich for the rest of the year. Can I buy you a beer when we get back!?

Enjoy your trip :)

As I said. It all comes to the interpretation of the paragraph. Probably best you have a printout of the email with you. Just in case.

I know this is an older thread but I am in a similar situation, did you have to show the border officer your Fiktionsbescheinigung when exiting Germany since you stayed past the 90 days?

Cheers,