Schengen Deduction during Fiktionbescheinigung Section 81 (3) [closed]

I am a US citizen and student doing a guest study semester in Germany in a program taught in English. I entered Germany as a tourist with Schengen visa-free entry.

I applied for a student residence permit so that I could stay until the end of the semester (a total of 6 months). They told me that they would issue me a "temporary residence permit" (in English, as I don't speak much German). I received a Fiktionbescheinigung 81 abs 3 satz 1 AufenthG until the end of the semester. However, I need to go back to the US and then go to Switzerland for a few weeks. Will my time in Germany under the Fiktionbescheinigung count toward my 90/180 Schengen time as a US citizen? Will I have issues entering and exiting Switzerland?

Best Answer

No, while within the country that issued a residence permit (or D-Visa), the 90/180 clock does not count

you are not a (short term) visitor during periods in that country, but a resident (long term)

Citizens of Australia, Israel, Japan, Canada, Neu Zealand, South Korea and the United States (who may apply for residence inside Germany), will be issued a Fiktionsbescheinigung after such an application.

Allthough this cannot be used as a visa replacement to cross the external Schengen border (citizens of these countries don't require a visa), it is still a residence permit and the days inside Germany don't count for the 90/180 days rule.

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Can I travel to Schengen countries with Fiktionsbescheinigung?

This fictional certification, however, does not permit re-entry into the territory of the Federal Republic. It also does not permit the commencement of gainful employment. A fictional certificate cannot be issued to holders of a Schengen visa for short-term residence (Category C).

Can I travel to India from Germany with Fiktionsbescheinigung?

Am I eligible to travel? If you have a Fiktionsbescheinigung stating \u201cder Aufenthaltstitel als fortbestehend (\xa781 Abs. 4 AufenthG)\u201d you are eligible to travel back to Germany. Please make sure to carry your previous residence permit (or a copy) with you all the time.

Can I travel with Aufenthaltstitel?

Foreign nationals who are in possession of a valid German residence title (Aufenthaltstitel) may travel for a period of up to 90 days within 180 days to other Schengen-States, so do not need a visa. This applies as well to holders of a German Visa of the category \u201cD\u201d.

How long can I stay in Germany after my residence permit expires?

If you leave Germany for more than six months, a residence permit expires automatically, unless the immigration authorities has agreed to an extension of the re-entry period (e.g. if you plan to stay in order to care of a sick relative for eight months and subsequently return to Germany for the long term).

Schengen Area - European Union Home Affairs

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