Tourist visa after Work Permit possible?
Replies: 6 - Last Post: Nov 20, 2012 7:57 AM Last Post By: travelinstyle46
Nov 15, 2012 8:23 AM
Tourist visa after Work Permit possible?Hi!
I current live and work in Frankfurt.
My contract, and hence my work/residence permit (Aufenhaltserlaubnis) expires Dec 31. I'm a US Citizen. Would it be possible to leave Schengen over the New Year's and return to Germany on a tourist visa (for 90 days)?
If so, does anyone know how Romania handles Schengen? Last time I went to Cluj from Frankfurt, I had an entry/exit stamp for Romania (nothing from Germany). Would Immigration at Frankfurt Airport except this as leaving/entering Schengen?
If not, I assume that I could fly into London see friends there and in Paris and TGV it back to Frankfurt?
Thanks in advance.
Nov 16, 2012 6:46 PM
Nov 18, 2012 11:23 AM
Nov 18, 2012 3:42 PM
3This branch is as good as any to post this question given that it involves living and working in Europe even if that is about to end.
This is not an easy question to answer under the circumstances. Generally speaking if you have a residence permit in a Schengen country you would have no problem visiting other Schengen countries or anywhere else and then returning.
But the Schengen rule says you cannot spend more than 90 days IN THE LAST 180 DAYS in Schengen. In fact you will have spent a lot more than that by the time you leave Germany in December. All legally but that may be irrelevant. If asked the question of how many days you were in Schengen you would have to say 'a lot'. LOL
What I am trying to say is it is a grey area. Theoretically you could be denied entry as having already spent 90 days in Schengen in the last 180 days. Or they could ignore that and treat you as just another tourist starting a visit in Schengen. I think this will fall under the discretion of the individual Immigration Officer you get when you try to re-enter Germany and there is no way to get a definitive answer on how that will go.
As a matter of interest that is somewhat related, there is a tv show now on in Canada called Border Security. It is a reality show showing what happens at the Canadian border. On a recent episode a Brit who had previously been in Canada on a Work Permit, returned after a visit home with the intention of visiting his girlfriend (met while working in Whistler). When Canadian Immigration saw he had an expired work permit (sound familiar acidfast) they took him aside for further questioning. Their concern was that he was returning to work and intended to work illegally. Not a far fetch stretch of the imigination. Long story short, he got in but it took some convincing by him, his girlfriend and her mother.
Nov 18, 2012 3:49 PM
4On a second reading I don't see that you actually WANT to leave Germany. It reads like you think leaving and then returning has some impact on the Schengen rule. Are you under the illusion that people can leave and then re-enter after a few days thus re-starting the 90 in 180 clock? If so, that is not the case.
So if you have no actual reason for leaving I wouldn't go anywhere. I would however contact immigration and tell them you want to stay on as a tourist and ask for their advice. If not, the issue could come up when you eventually decide to leave Germany and/or the Schengen zone.
There is no 'stamp' an American can get in a passport from a German Immigration Officer that allows him to stay in Schengen. There MIGHT be one that allows you to stay in Germany, but only in Germany. There is no such thing as a 'Schengen visa' for an American.
All this presupposes of course that you are not looking for a way to stay and work illegally.
Nov 20, 2012 3:10 AM
5Wow! Thanks for the responses. I'm not looking to work illegally in Germany, quite the opposite actually. I have a new contract which will start on Mar 1, so I just like to spend Jan 1 to Mar 1 in Germany as a tourist (with the same flat and daily routine).
Also, I'd like to spend New Years Eve in Romania.
It seems like the best option would be to spend the time in Romania and then travel through either Ukraine or Serbia to ensure that I've left Schengen and then deal with the first border control guards that I encounter (which won't be German) and claim that I'm a tourist. I wouldn't mind spending a week in Lviv or Belgrade.
Also, the German work visas no longer go into the passport (but I'm sure they get entered into the computer system.)
If Romania would decide if it was/wasn't in Schengen this would be much easier.
Perhaps, I'll have to find someone to employ me for 3 months from Jan 1 to Mar 1, which would make the whole process easier.
Thanks for the responses.
Nov 20, 2012 7:57 AM
6It seems you still don't get the point that you could be denied entry into Schengen when you try to return after New Years. You will have been in Schengen for more than 90 days in the last 180 when you get to the border and try to re-enter.
Will you have a new work visa in your possession showing you are allowed to work starting March 1? If so, then I would think that would get you in. Otherwise your trip to Romania is still going to entail some risk of not being allowed to re-enter the Schengen area.
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