Brexit, New residence permits

292 posts in this topic

I have been following the thread. I am a UK citizen who contacted my local Ausländerbehörde back in June, in the recommended form, and have heard nothing back since (except for an automatic acknowledgement of my email).

 

That is fine by me. But to be prepared for all eventualities, can anyone tell me, what is the procedure I go through should I have to travel back to the UK? What I mean is, I have no entry stamp in my passport and no form of German ID, which would explain how I got into the country in the first place, so would expect questions at the border over why I have no stamp (then there is the question of getting back into Germany again).

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3 hours ago, Sumarokov-Elston said:

I have been following the thread. I am a UK citizen who contacted my local Ausländerbehörde back in June, in the recommended form, and have heard nothing back since (except for an automatic acknowledgement of my email).

I would contact them again. Maybe you can get them to give you a Fiktionsbescheinigung and do the proper card application whilst you're there. Worked for me.

 

If not, there's no problem with not having the stamp in your passport as "I was here before Brexit" is a perfectly legitimate reason. On the way back you'll likely get the stamp in theory limiting your stay to 90 days, which you'll have to sort out later.

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Oop a bit confused, my child & I have dual de/UK due to brexit after 16 years here. My wife could not so she finally gets her eAT and it's limited to 5 years!?  Must she hold this for 3 years and can apply for Niederlassungserlaubnis or can she apply now? 

Thanks Andy 

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Hmm, being married to a German national, she ought to be entitled to permanent residence already having lived here for so long, right? Did she ask about that? If she has to start from the beginning from some reason, she ought to have been given a 3-year permit as the spouse of a German national. What card does she have and what does it say on it?

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Can I just check something? I submitted my application by email last summer and have still not been contacted by the Ausländerbehörde. While I am not terribly worried about that, I may have to make a trip out of the country and will obviously need to ensure I get back in! Do I have this right: I need to have a Fiktionsbescheinigung issued under Section 4 and not under § 81 Section 3.

 

If so, has anyone had experience of getting one of these done? How responsive is the Ausländerbehörde, given how slow they work in general?

 

 

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On 12/03/2022, 07:59:18, Sumarokov-Elston said:

Can I just check something? I submitted my application by email last summer and have still not been contacted by the Ausländerbehörde. While I am not terribly worried about that, I may have to make a trip out of the country and will obviously need to ensure I get back in! Do I have this right: I need to have a Fiktionsbescheinigung issued under Section 4 and not under § 81 Section 3.

 

If so, has anyone had experience of getting one of these done? How responsive is the Ausländerbehörde, given how slow they work in general?

 

 

 

From my experience if you have a confirmation from your application that is less than 6 months old that "may" be enough, if it is older then as I found out you will get a stamp on your passport on re-entry allowing you to stay 90 days:o. Following that shock I pressured the local Ausländerbehörde and some weeks later finally got an appointment but even then it takes approx. 6 weeks before the actual residents permit is delivered, at the appointment I told them I had a 90 day stamp on my passport and they agreed to issue a Fiktionsbescheinigung there and then free of charge just in case. For peace of mind request the Fiktionsbescheinigung as soon as possible if you do decide to travel outside the country.

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On 22/11/2021, 14:09:47, Dembo said:

I would contact them again. Maybe you can get them to give you a Fiktionsbescheinigung and do the proper card application whilst you're there. Worked for me.

 

If not, there's no problem with not having the stamp in your passport as "I was here before Brexit" is a perfectly legitimate reason. On the way back you'll likely get the stamp in theory limiting your stay to 90 days, which you'll have to sort out later.

 

Can I ask a question about this? I can get that not having the stamp in your passport as "I was here before Brexit" is a perfectly legitimate reason. But will this pass muster at the Lufthansa check-in desk? Surely they check Brits' passports, as they are non-EU citizens now, so need to see that they have not overstayed visas in Germany, etc? So would they let you check in for a flight if you have no stamp in your passport and have been unable to get a Fiktionsbescheinigung from the Ausländerbehörde (mine is literally impossible to contact and now completely taken up with Ukrainians, as you can understand).

 

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On 07/05/2022, 18:55:56, Carlyle said:

 

Can I ask a question about this? I can get that not having the stamp in your passport as "I was here before Brexit" is a perfectly legitimate reason. But will this pass muster at the Lufthansa check-in desk? Surely they check Brits' passports, as they are non-EU citizens now, so need to see that they have not overstayed visas in Germany, etc? So would they let you check in for a flight if you have no stamp in your passport and have been unable to get a Fiktionsbescheinigung from the Ausländerbehörde (mine is literally impossible to contact and now completely taken up with Ukrainians, as you can understand).

 

 

Pass. (No pun intended).

Do you mean on the way out? 

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Yes, I mean on the way out. To be honest, passport control is the least of my worries. It is the airline when you check in your baggage. If I recall, the airlines tend to look up your visa stuff and do a lot of passport checking. The passport control has allegedly been informed to be understanding to Brits, but I do not think that memo goes out to airline staff at check-in desks... Anyone with a British passport had anything else looked at when flying to Britain (i.e. regarding status in Germany, showing residence card or visa or whatever?).

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