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Expired residence permit whilst abroad
Hi all, any advice much appreciated! Somehow I have just discovere that I have a residence permit which expires end of July and I am due to travel before it expires. I was wondering firstly if I will be able to leave the country to start with and also will I be able to re-enter ( with a valid passport as a 'tourist' and then renew my residence permit on my return?) Or another option, would I be able to fly back to Germany but have a booked flight to my homeland and figure out the permit renewal while I'm out of country. Many thanks!
2 Comments
Hello @Deer25
Thanks for your message.
If your residence permit is still valid at the time you leave Germany, you are allowed to exit the country without any problem, as long as your passport is also valid.
Yet, re-entering Germany would be a bit tricky. What happens after your residence permit has expired depends on your nationality. If you are from a visa-exempt country such as Australia, New Zealand, the United Kingdom, the United States, Canada, or Japan, you are legally allowed to re-enter Germany as a tourist for up to 90 days within any 180-day period.
However, you would not be able to renew your expired residence permit from within Germany while staying as a tourist. In most cases, German immigration authorities require you to apply for a new national visa from abroad (typically your home country) before returning with the intent of residing long-term. In rare and exceptional cases, applying from within Germany has been permitted, but this is not guaranteed and depends heavily on the discretion of the local Ausländerbehörde (Foreigners' Office).
In short, if your residence permit expires, you must either apply for an extension in time while still in Germany or begin the process again from abroad.
If you are still in Germany, the safest and most straightforward option is to contact your local Ausländerbehörde immediately and try to book an appointment to extend or renew your residence permit before it expires. Even if the appointment is scheduled for a date after expiry, initiating the renewal process beforehand may qualify you for a Fiktionsbescheinigung. This is a temporary certificate that allows you to stay legally and re-enter Germany while your application is being processed. Be sure to request that the type of the Fiktionsbescheinigung includes the right to re-enter Germany, and state your need for this clearly when applying.
I hope this has been helpful.
All the best!