Visa will expire while I'm travelling

22 posts in this topic

Posted

Hey there!

I checked other topics but I would prefer having a personalized answer to my problem, since they're all unique.

I'm a Canadian citizen living in Berlin since March 2011 on an Aufenthaltstitel that allows me to work for a marketing company. I'm going to backpack in India from January 31st to March 4th and my visa thingy will expire while I'm away, on February 28th.

The company will renew my visa, but since they always take forever to take care of things, and that I'm worried that they won't be able to do it before I leave (holidays, etc), will it be a problem to re-enter Germany and then renew my visa? If yes, what are my options? Can I get a small extension? Do I have a buffer period? Can I enter as a normal tourist (90-days) and then just upgrade back to an Aufenthaltstitel?

And no, I can't really speed things up and go camp at the visa office because I really need to get this stuff done through my company... No need to also say "reschedule your trip", because I brilliantly already bought my tickets.

Thanks a lot in advance!

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Posted

Take your mastercard!

Sorted!

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Posted

How long does it take to receive this extension? And where can I apply for it? I don't have much time left...

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Posted

Ausländerbehörde. Go tomorrow.

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Posted

So there's no grace period? Can't come back as a tourist? And no Schengen zone stuff applying because I'm Canadian?

And really: how long does it take to get this thing? They give it to you directly when you go there?

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Posted

What, SpiderPig?

He's joking. He's telling you to take you Mastercard because your VISA (credit card) will expire.

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Posted

...from the Basil Brush book of jokes...

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Posted

Arg, I'm so stressed by this whole thing that I didn't even get it at first!

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Posted

There is no grace period...you must renew your visa BEFORE it expires.

As previously suggested, go to the Auslaenderbehoerde tomorrow, explain your situation, and request a Fiktionbescheinigung (temporary extension). My experience with this was that it was NOT given to me that day, I still had to submit all my paperwork as though I was renewing my visa (yes, my company also sort of handled mine, but I still had to submit my part of the paperwork).

The Fiktionbescheinigung simply buys you time until the new Aufenhaltstitel is granted.

Also, not sure how good your German is, but my experience here in Nuernberg is that they will not speak English. So if your German isn't great, take a German speaker with you.

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Posted

Why are you screwed? Just get confirmation from your employer that they plan to renew your job contract and get down to the Ausländerbehörde this week.

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Posted

You aren't screwed...you state in your original post you are leaving at the end of January? That is plenty of time to get it sorted out, and get a Fiktionbescheinigung.

Ask the appropriate person at your company to help get the necessary papers you need from them. And maybe you can even ask them if they can call the Behoerde and inquire for you.

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Posted

Some Behörde give a Fiktionsbescheinigung on the same day. Depends on the location and the circumstance. So don't despair!

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Posted

Technically, my company could renew my stuff before I leave, but they're the slowest, cheapest and most annoying people ever about stuff like that, and they haven't given me a confirmation that I could get a renewal yet. It might take a lonnng while, even though I'm more than obviously needed there. So I'm trying to figure out a solution that excludes their help for now. When I come back, they would either renew my visa and contract, or I would start working at a friend's company and they will do the same. Anyway, it's probably way too specific for you all to help with at this point :)

Another friend of mine have just told me that there was indeed a 3 months grace period, but I'll confirm with the embassy tomorrow morning.

Thanks to you all for the help!

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Posted

Hmm..never heard of a grace period before. Period. If your visa is expired and you do not have a Fiktionbescheinigung, then your visa is expired and you could have issues with the Auslaenderbehoerde. My friend was coming back from the states 2 days before her visa expired, and the agent in the airport actually remarked that she should get her new visa before it expires. Everything was completed, she just needed to go pick it up.

I don't think the embassy can confirm for you, but the Auslaenderbehoerde can.

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Posted

From a recent experience at KVR Munchen, I can confirm that Fiktionsbescheinigung can be received on the same day within 20 minutes. Please ensure that if indeed you get one it should be § 81 Abs.4 to ensure re-entry into Germany on your arrival. It is valid only if accompanied by old Visa and passport.

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Posted

Technically you can re-enter as a tourist, but this will be a violation of Residence Act:

(1) A foreigner wishing to enter the Federal territory unlawfully shall be refused entry at the border.

2a. he or she only possesses a Schengen visa or is exempted from the visa requirement for a short-term stay and intends to pursue an economic activity counter to Section 4 (3),

http://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html

You can possibly safely re-enter from other Schengen country, but then once in Germany, you will violate Residence Act once again:

(1) The entry of a foreigner into the Federal territory shall be unlawful if he or she

2. does not possess the residence title required in accordance with Section 4 or

If nobody will find out this at the border, the authorities issuing you residence title, can find out that later.

So, better get Fikitionsbescheinigung, it is easy and will save you from possible troubles.

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Posted

If your contract is unlimited ,just go to the Ausländerbehorde and ask for an extension. You might even get an extension before you fly.

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Posted

This is anecdotal, so take this as you will.

I spent some time in Hungary in 2009-2010 after doing an exchange in Germany. When I got to Hungary, the university where I was studying was really slow about issuing paperwork. I still went to the Hungarian equivalent of the Ausländerbehörde, where an employee told me that I had a grace period of 90 days after the expiration of my German Aufenthaltstitel. When I went back three weeks later with all of the correct paperwork, I was told that the information about the grace period was incorrect and was threatened with deportation. The staff at the Ausländerbehörde there told me that if I had tried to cross into a country where there are/ were still border controls (like Romania), then tried to re-enter into Hungary, I would have been arrested. The people at this particular Ausländerbehörder were extremely clueless, so I honestly can't tell you if this is true or not, but the story was enough to scare the kabeejies out of me.

Back in Germany, earlier this year, I needed a Fiktionsbescheinigung, since the new Aufenthaltstitel cards take 6-8 weeks to process, and my Aufenthaltstitel sticker in my passport was set to expire. It's a little card that goes in the normal inkjet printer. It's not a big deal. The thing costs 20€ and I spent a total of five minutes in the office of my caseworker. Depending on your situation, you may need a Fiktionsbescheinigung, anyway.

Back in 2008, another one of my friends was in a situation similar to yours, too. He wanted to travel some after his work contract ended. He just went to the Ausländerbehörde in the city where he was living at the time, said that he wanted to travel around a bit, paid for the Fiktionsbescheinigung, and went on his way.

Basically... if you're shelling out all that money for a trip to India, and you want to stay in good standing with the Schengen people, you might as well just shell out the extra 20€ for a Fiktionsbescheinigung and make sure everything is kosher.

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Posted

Hi guys, me again.

I'm going next Tuesday to the Ausländerbehörde to get a Fiktionsbescheinigung. I have a letter from my company saying that even though they can't say officially that they're renewing me yet, they are very favorable to it. So I hope it will help...

Now I need to know, which documents should I bring there?

So far, I was thinking of bringing: passport, Anmeldung, the letter, my current job contract, maybe my TK insurance card... What else do you think is necessary?

Thanks a lot in advance!

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