Work visa expiring, stay for one month after? - Germany

Hello.

I have a work visa, and I am an Australian. Not a working holiday visa, but a work visa. This expires at the end of September.

I am unable to moveout from my apartment until the 31st of October. I plan on leaving in the last week of october, or in the first week of november.

I would like to know, will it be fine to say for this short while longer and then leave since I am not coming back, or must I seek an extension?

Or, perhaps, will the tourist visa apply from this date? I saw in another thread that it may.

The reason I am asking here is because I have tried contacting the visa office extensively, by email, phone and fax and received no reply.

I am trying to go there in person as I have little time from working constantly, and thought I could ask here as it may be a fairly common question/situation.

Appreciate any replies, and thanks in advance.

They give you an extension called Fiktionsbescheinigung for the additional time you need to stay.

Is this extension automatic, or must I apply for it?

You apply for it.

A Fiktionsbescheinigung is to be used when awaiting for an actual visa or permit to be approved or assigned. It can not apply in this case.

I have been advised I must leave the schengen area and return as a tourist, something I am still investigating if it is possible to avoid.

I am now wondering if it is possible to leave on the 1st of October as my visa expires on the 30th of september, or if this means I must leave on the 30th of september and not later?

I wouldn't have thought they'd give you any hassle over a few days or even weeks, to be honest. It is when it starts going into months that you may cause yourself problems.

I have my ticket to leave Germany on the 31st of October...

And then to the USA and eventually back to Home in Aus..

The only reason I would be worried is because they have passport control when leaving the airport. I don't really want to have to worry or explain myself, and though I wonder what would happen, while leaving and showing that I was there for one month extra without a visa or permit....

you could fly to London for a day or two and re-enter on a tourist visa. That would solve your problems. Flights for €99 could still be available.

Who told you that? Someone form the AB?

Actually it won't, as has been stated many times before in threads just like this one..

I think you are confusing thinks, DK. Previous discussions have been about people who have a 90 day schengen visa trying to extend. This is not the case. Maybe you didn't read the opening post properly.

Zaebos (the OP) currently has a work visa, not a 90 day schengen tourist visa. He/She is allowed to leave the country and re-enter on a tourist visa.

Yes. Additionally, most information on it and asking Germans at work presented the same information.

Well, it more than likely would, but I would prefer to avoid the cost of flights...

I did try searching, but did not find these other threads you refer to. Perhaps you could point me to them?

Get the extention or even a letter for this time. They might hold you for being illegal or they might not ever let you come back (and who knows the future?) Better safe than sorry. Go there, you will at least have it off your mind, the transition will be stressful enough without having to worry about explaining yourself, being held, missing your flight, etc... or even jail. Just go and explain, they should give it with no problem and maybe no charge.

Just an Update.

I went outside the Schgen zone, and returned, as advised by the AB.

I took a copy of the letter from the AB, the official advice showing this when I returned at the german Customs, and it was fine. I now have a tourist visa, and everything is fine.

This is the correct way to stay longer when not employed, and a Fiktionsbescheinigung is not possible to be used as an extension in the way suggested.

Glad you sorted it out and just to clear the following up in case anyone else in a similar predicament is reading...

...a couple of days expiration of your visa can give you a load of unnecessary hassle at the airport. WAs heading to Israel last year with a couple of Israeli friends who had been here on a tourist visa which had expired by something stupid like 2 days and they were heading home anyway but they were still stopped by customs and quizzed by them and the police (both of which either didn't know a word of English or refused to speak it which is disgusting in an international airport) for a very long time almost missing the flight and finally told that they would have to pay a fine once back in Israel and future visits to the EU might be refused