Road trip in Europe while German resident permit is pending

Road trip in Europe while German resident permit is pending - Aerial Photography of Country Road

I am Indian residing in Germany. I have applied for a resident permit as I am on work permit visa, which expires on July 23. The duration of my stay is limited to 90 days and ends on May 13, although the visa is valid for another 3 months.

As I have still not got my resident permit till July 23, is it safe to travel around Europe on a road trip (drive by rented car) after May 13, as I have plans to visit Austria and Hungary by road in June. Will there be lot of travel checks? If so, as my visa is still valid until July 23, is it safe to travel? The only issue is the duration of stay, which would have exceeded 90 days by then.

Please advise.

Thanks in advance.



Best Answer

If the processing time for a residence permit application extends beyond the validity of the visa you first used to enter Germany and it is expected that your application will be granted, it is common that you are allowed to stay in Germany until the application is processed. If you need to formalize your status, you can apply for a fictional certificate (Fiktionsbescheinigung), confirming so. In your situation, you should be entitled to a fictional certificate confirming the continuation of your previous right to stay beyond the original expiration date (May 13th) according to § 81 Abs. 4 AufenthG. With a fictional certificate based on § 81 Abs. 4 AufenthG, you are entitled to travel to other Schengen countries as if you had a regular residence permit and both leave and reenter Germany. Be aware that it is important in your situation that the certificate is based on § 81 Abs. 4 AufenthG. Fictional certificates based on other sections of the immigration law may not allow you to travel to other Schengen countries or reenter Germany.

Even if there are not supposed to be immigration checkpoints at the internal Schengen borders, there are currently due to the 'refugee situation' still frequent immigration checks at the land borders when going from Hungary to Austria or when going from Austria to Germany. Without the fictional certificate, you are not unlikely to experience problems at the borders if you are going on your planned road trip. Even with the certificate, it is not quite unlikely that you are held for questioning entering Austria. Immigration officers from other Schengen countries are often not familiar with the German fictional certificates and may not immediately recognize your right to stay.




Pictures about "Road trip in Europe while German resident permit is pending"

Road trip in Europe while German resident permit is pending - Green Leafed Trees and Gray Concrete Roads
Road trip in Europe while German resident permit is pending - Green Trees
Road trip in Europe while German resident permit is pending - Various cars driving on asphalt road near aged residential buildings and famous Victor Emmanuel II Monument against cloudless blue sky in Rome



Can I travel in Europe with German temporary residence permit?

Where can I travel with my German residence permit? Holding a residence permit in Germany (or any other Schengen country, in fact) entitles you to free travel within the Schengen zone for the duration of your visa or permit.

How long can you stay out of Germany with a residence permit?

A person who carries a permanent residence permit can stay abroad for a maximum of 6 months. It is necessary for this person to fly back before the expiration of the 6-month duration. A holder of Blue Card can stay outside Germany for a maximum of one year.

Which countries can I visit with German residence permit?

Belgium, Denmark, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain and Switzerland.

Can I travel in Europe with residence permit receipt?

Holders of the postal receipt for the residence permit renewal can leave and enter Italy, only provided that: they have the passport, the postal receipt of the residence permit renewal and the original of the expiring/expired residence permit; the travel does not include transit through Schengen Countries.



Blue Card vs Normal residence permit Germany




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Images: Marcin Jozwiak, Marcin Jozwiak, Marcin Jozwiak, Nikita Belokhonov