What should you do if your national visa, residence permit or EU Blue Card expires soon and the immigration office is closed or unavailable?
The following options are available for you:
Entry of nationals from non-EU countries with a national visa
You have applied for a national visa at the German mission abroad in your home country and have already entered Germany? In this case, you must apply for the corresponding residence title (residence permit, EU Blue Card, etc.) at the immigration office responsible for you within the validity period of the national visa.
If the residence title is applied for within the validity of the visa, the so-called fictional effect occurs in accordance with § 81 (4) AufenthG. This means that the previous residence title (national visa) is considered to be valid from the time of its expiry until the decision of the immigration office.
If, for example, you have a visa for the purpose of employment, it will continue to be valid, including the permit for employment, until the immigration office has decided on your application. Your stay remains legal and you can continue to work.
Entry of nationals from „Best-Friends“ Countries without a national visa
Citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand and the United States of America may enter Germany without a national visa and apply for a residence permit directly in Germany.
If the residence title is applied for within 90 days of entry, the stay is considered to be allowed until a decision is made by the immigration office in accordance with § 81 (3) AufenthG.
If, for example, you enter Germany as an Australian citizen without a national visa for the purpose of employment, your stay will remain legal after the application has been submitted, but you may only begin work once the immigration office has made a positive decision on your application.
Renewal of a residence permit or a EU Blue Card
If you already have a residence permit or an EU Blue Card, you must apply for an extension at the immigration office before its validity expires.
If the extension is applied for in time, it will also have a fictional effect in accordance with § 81 (4) AufenthG. This means that the previous residence permit or Blue Card EU is considered to be valid until the decision of the immigration office.
How to submit an application?
Most immigration offices are closed at the moment, no appointments are made and there is no response to phone calls and e-mails. There is no uniform regulation on how to deal with this exceptional situation at the authorities.
It is important for you that the application is submitted in time to secure your right of residence.
An application does not have to be made in person at the immigration office. It is sufficient if you submit the application in writing. Here it is adequate to submit a letter stating your will to extend your residence permit. Documents (employment contract, proof of health insurance, marriage certificate etc.) can also be submitted subsequently.
The letter can be sent by e-mail, letter or fax to the immigration office. It is important that you can prove that the authority has received the letter.
We will be glad to take over the application for you. You may be assured that your application has been submitted correctly and that your stay is secure. If you wish, we will of course accompany you throughout the entire residence permit procedure.
We are still there for you by phone, mail and video conference.
Take care and stay well!
Yours
Kornelia Epping
reach us at all times: immigration@moves-consulting.com phone: +43 (0)664 420 55 96