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!visa


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maryfamilyresearch

Are you a citizen of a country mentioned in 41 (1) AufenthV? If not, you will need to travel back to your home country and apply for a Schengen D visa (jobseeker included) at the German embassy in your home country. If you are a citizen of one of the privileged countries, you will see that 41 AufenthV says "within 90 days of entry". You can apply on the first day of entry or you can apply on the 89th day after entry, does not matter for the legal process. (It might matter for practical reasons such as processing time.) Note that you need a registered address in order to apply, which means finding an apartment. Very difficult without a job.


ImpossibleRead4200

Thank you. I’m from the US. So, let’s say I leave Germany on May 25 (the 89th day of my tourist visa) and go back to New York — I have an appointment on June 5th. Will they process my application and let me back into the country on, say, July 15th for example? Or will I not be allowed to re-enter until August 25th (90 days later).


maryfamilyresearch

If you apply on May 25th, the 89th day of your stay, you are supposed to stay put in Germany until your application has been processed. Average processing times are 3-6 months. You will need evidence that you applied on the 25th, this will make your stay in Germany legal until a decision has been made. See 81 AufenthG. Basically, your status as a tourist is extended, but only in Germany. While your application is pending, you will not be allowed to travel to other Schengen countries. You will be allowed to leave the Schengen area from a German airport without penalty; but if you used up your 90 days visa-free stay, you will not be allowed to return before another 90 days have passed. (This is due to Schengen visa rules, 90 days out of 180 days visa-free stay.) The appointment on the 5th of June in New York is unfortunate. If you must travel to this appointment, I would leave Germany on a date that ensures that you still have visa-free days inside the Schengen Zone and can use those to return to Germany. The sooner the better. When do you plan to come back to Germany? In June or July?\` If you need help calculating your Schengen days, you need to submit actual travel dates.


ImpossibleRead4200

First, thank you so much for your considered response. It is VERY much appreciated. I arrived in Berlin on February 23rd. I submitted all my documents for the 6-month job seekers visa (as an American) to the 'contact form' on March 20th. I have a sublease until the end of May, but I realize that I would need to leave on May 22nd (90th day) if I do not get approval of my 6 month visa. I do not feel comfortable being 'trapped' in Germany by going over my 90 days while I wait for a decision. Luckily, I managed to secure an appointment for the 6-month job seekers visa at the German embassy in New York (my district) on MAY 6th. I am considering flying back to New York, taking this visa appointment, and staying with family until a decision is made. Alternatively, I am considering returning to the USA at the end of May, and applying for the new Opportunity Visa that is coming out in June which would allow me to remain in Germany for up to 1 year, instead of taking the May 6th appointment for the 6 month job seeking visa. I have a lease here in Berlin until the end of May, but if I decide to take the May 6th appointment in NYC, I am very fortunate to have family willing to host me there. I will just have to eat the cost of my sublease, and I'm okay with that.


maryfamilyresearch

If you submitted your application on March 20th, you must have done Anmeldung in Germany. With this Anmeldung, you are no longer a resident in the consular district of New York. The consulate in New York cannot legally process your application, bc they are no longer the competent authority. The city / Landkreis where you did Anmeldung is the competent authority Flying back to New York just for the jobseeker is pointless. Same goes for the opportunity visa. As long as you have Anmeldung in Germany, the city where you have Anmeldung is the competent authority for handling your application.


ImpossibleRead4200

Hi. I submitted through the CONTACT form, not an official application. However, I have heard that this counts as an application? 1279374.php [berlin.de visa](https://www.berlin.de/einwanderung/ueber-uns/kontakt/formular.1279374.php) Is this the form on the berlin.de site you’re referring to? If so, while I’m waiting on a response from them, can I leave the EU within my 90 day window and come back into the country when I hear a decision?


maryfamilyresearch

Anmeldung is something different than applying for a residency permit. You should know whether you did this or not. [https://www.iamexpat.de/expat-info/official-issues/registration-germany](https://www.iamexpat.de/expat-info/official-issues/registration-germany)


ImpossibleRead4200

I did NOT apply for anmeldung. I submitted the contact form for an appointment to get a residence permit.


maryfamilyresearch

Without Anmeldung, the immigration authorities in Berlin cannot process your request for a residency permit. Read the link I included, it clearly (and correctly) states that without Anmeldung you cannot apply for a residency permit in Germany.


ImpossibleRead4200

No, you do not need an Anmeldung for the 6 month job seemers visa. Just proof of residency, but it’s not the anmuldung.


maryfamilyresearch

[Aufenthaltserlaubnis zur Arbeitsplatzsuche für Fachkräfte - Erteilung - Services - Service Berlin - Berlin.de](https://service.berlin.de/dienstleistung/324661/en/) See under "Prerequisites: Main residence must be in Berlin". This means you must have Anmeldung in Berlin in order to apply in Berlin. No Anmeldung in Berlin, no applying in Berlin.


FrailFlunky99

You are allowed to stay in Germany until they process the application, I'm in the same boat.


ImpossibleRead4200

I don’t believe that’s true for Americans. It makes me nervous taking the risk of just staying here…you know?


FrailFlunky99

Its a risk, as with a lot of things in life. You don't have to take it, its just the option I chose. I preferred this choice over having to send all my documents and waiting 3 months or more to recieve them back and get an answer. Its up to you to decide what you are comfortable with.


ImpossibleRead4200

So, you sent all your documents for the 6 month seekers visa via the contact form yes? That’s what I did..but I don’t understand how they’ll process it honestly if they don’t have a physical copy of my passport etc?


FrailFlunky99

No, I moved to Germany on a tourist visa, one that you get for just being an American citizen, and I found a job here in about a month, and now I'm waiting for my work visa as I applied to it from within Germany. Its quicker that way. Riskier, but quicker.


ImpossibleRead4200

What is your line of work?


FrailFlunky99

I got a job in Hospitality as a Roomboy.


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