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I am a non-EU citizen who recently moved to Germany and applied for a residence permit. Currently, I have a Fiktionsbescheinigung issued under Section 81(3), which does not allow me to re-enter Germany if I leave. However, my 90-day Schengen visa-free period is still valid.

I have a 7-day conference outside the EU, where my paper has been accepted, and I must attend. I plan to re-enter Germany using my remaining visa-free days under the 90-day rule.

Will leaving Germany and re-entering using the visa-free allowance create problems or delays in the ongoing residence permit application process?

meraya
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1 Answers1

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Having a Fiktionsbescheinigung does not invalidate any other rights you might have to enter or stay in Germany or any other Schengen country for that matter. If you are sure that you haven't exceeded the 90 days visa free allowance (the time you have spent in Germany with a Fiktionsbescheinigung while waiting for your residence permit do count towards these 90 days), you may without problems leave and later reenter as any other visa-free visitor.

When reentering the Schengen area, the border police or immigration inspector will probably not even be aware of your Fiktionsbescheinigung and treat you as any other visa-free visitor.

Tor-Einar Jarnbjo
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