An American in Berlin, legally
November 1, 2009 5:22 AM Subscribe
I'm a cartoonist working on a book for an American publisher and getting paid by them. Is there some sort of visa I can apply for to stay in Europe (specifically Germany) for longer than the 3 month tourist visa and still be legal?
Basically, I just want to be able to stay here for 3 to 5 months without being "illegal". I dont plan on working for any German companies or using any of their social services (I have US healthcare). So what could I do to be official?
Basically, I just want to be able to stay here for 3 to 5 months without being "illegal". I dont plan on working for any German companies or using any of their social services (I have US healthcare). So what could I do to be official?
This is a question for the Ausländerbehörde wherever you will be living. Or try the question on the forums over at toytowngermany.com
What you are looking for is called a Aufenthaltsgenehmigung, or residence permit. It can be issued or extended based on certain circumstances.
The best way to do this, from my experience, is to sign up for German language courses.
You can help your chances by proving that you have the financial resources to pay rent and feed yourself. Will you be staying with someone you know or renting an apartment? If the former, perhaps he or she can go to the Ausländerbehörde and vouch for you while inquiring about the details and requirements concerning your situation.
posted by chillmost at 6:29 AM on November 1, 2009
What you are looking for is called a Aufenthaltsgenehmigung, or residence permit. It can be issued or extended based on certain circumstances.
The best way to do this, from my experience, is to sign up for German language courses.
You can help your chances by proving that you have the financial resources to pay rent and feed yourself. Will you be staying with someone you know or renting an apartment? If the former, perhaps he or she can go to the Ausländerbehörde and vouch for you while inquiring about the details and requirements concerning your situation.
posted by chillmost at 6:29 AM on November 1, 2009
Well, Germany is, of course, a signatory to the Schengen Agreement which means as an American citizen you're legally allowed to stay for 90 days out of every six month period. That's the good news.
Bad news is you're probably not eligible for a Type C (long stay) Schengen visa as you are American.
You'll more than likely need a residency permit, or a Type D Schengen visa. Rules pertaining to these visas differ by country, so someone more knowledgeable wrt Germany will have to comment.
One complication that you'll have to be prepared to deal with should you go the visa route is your source of funds; if you're living in Germany and generating income - even if from a foreign source - you more than likely will be taxed in Germany on those funds. So can and are you willing to show source of income? Can and are you willing to pay taxes on those funds?
In any case, please don't overstay your visa. This not only may cause you problems when you exit (they might ask difficult questions or even stamp your passport accordingly) but you don't want to get caught and deported. Deportation would go on your permanent record, and cause problems for you in pretty much any other Schengen country you may want to visit, even years later
Because the economy is doing badly now there is a lot of resentment towards illegal aliens (uhmm, that would be you if you overstayed) in many European countries ; don't expect much sympathy if you don't follow the rules.
posted by Mutant at 6:32 AM on November 1, 2009
Bad news is you're probably not eligible for a Type C (long stay) Schengen visa as you are American.
You'll more than likely need a residency permit, or a Type D Schengen visa. Rules pertaining to these visas differ by country, so someone more knowledgeable wrt Germany will have to comment.
One complication that you'll have to be prepared to deal with should you go the visa route is your source of funds; if you're living in Germany and generating income - even if from a foreign source - you more than likely will be taxed in Germany on those funds. So can and are you willing to show source of income? Can and are you willing to pay taxes on those funds?
In any case, please don't overstay your visa. This not only may cause you problems when you exit (they might ask difficult questions or even stamp your passport accordingly) but you don't want to get caught and deported. Deportation would go on your permanent record, and cause problems for you in pretty much any other Schengen country you may want to visit, even years later
Because the economy is doing badly now there is a lot of resentment towards illegal aliens (uhmm, that would be you if you overstayed) in many European countries ; don't expect much sympathy if you don't follow the rules.
posted by Mutant at 6:32 AM on November 1, 2009
"... so someone more knowledgeable wrt Germany will have to comment." -- Hi chillmost!!
posted by Mutant at 6:34 AM on November 1, 2009
posted by Mutant at 6:34 AM on November 1, 2009
Please make sure that your U.S. health insurance is actually valid overseas. Unless it specifically includes travel health insurance, it quite possibly is useless for you in Germany.
If you can afford to wait and come back next year, I really second going the DAAD route. They can help you get through the visa crap and deal with health insurance.
The instructions for whatever form of Aufenthaltsgenehmigung you end up getting will probably tell you to bring photos along with your various forms of ID and other documentation. There are very strict rules that ID photos have to fulfill - far stricter rules than US driver's license photos - so make sure you get your photo taken by a German photographer, and make sure they understand this is a photo for official ID purposes. (I failed at this, and had to go get my photo taken and then head back to the Ausländerbehörde again. Ugh.) A small sounding detail, but you do not want to have to spend more time in the waiting room.
posted by ubersturm at 9:20 AM on November 1, 2009
If you can afford to wait and come back next year, I really second going the DAAD route. They can help you get through the visa crap and deal with health insurance.
The instructions for whatever form of Aufenthaltsgenehmigung you end up getting will probably tell you to bring photos along with your various forms of ID and other documentation. There are very strict rules that ID photos have to fulfill - far stricter rules than US driver's license photos - so make sure you get your photo taken by a German photographer, and make sure they understand this is a photo for official ID purposes. (I failed at this, and had to go get my photo taken and then head back to the Ausländerbehörde again. Ugh.) A small sounding detail, but you do not want to have to spend more time in the waiting room.
posted by ubersturm at 9:20 AM on November 1, 2009
I don't know enough about the technicalities to give advice, but I can say with some certainty that appearing well-dressed (think lawyer), well-informed and confident at places like the Auslaenderamt can help a lot, since Germans still respect a subtle air of authority. Don't overdo it though, i.e. don't show off or be arrogant, especially in Berlin.
posted by RabbitRun at 10:28 AM on November 1, 2009
posted by RabbitRun at 10:28 AM on November 1, 2009
I suggested taking a look at the DAAD in the context of chillmost's suggestion to take language courses as a means of more easily getting a residence permit. The DAAD doesn't just offer their own academically focused scholarships (though I was thinking of their more rare non-academic programs, primarily the Berlin artist program linked to upthread as well; I wasn't aware they were no longer accepting visual arts applicants.) They also have a database of other funding sources and general information for foreigners in Germany on a school-based residence permit (which I found helpful, despite not being in a DAAD program.)
Anecdotally, my impression was that it can be harder to get a residence permit when you don't have a position at a German school or business to back up your permit request; I suspect details regarding savings, income, etc. make a big difference. Depending on the details of the poster's situation & employment, it might be easier to take classes to get a 2-3 month residence permit after the 3 month visa waiver period runs out. This is particularly the case if the poster might have been considering language classes anyway. Or hey, it might not be easier: either way, minicloud needs to check with an accountant to figure out the tax issues, and a consulate (if he or she is still in the US) or the Ausländerbehörde (if he or she is already in Germany) to figure out the residence permit issues.
posted by ubersturm at 2:08 PM on November 1, 2009
Anecdotally, my impression was that it can be harder to get a residence permit when you don't have a position at a German school or business to back up your permit request; I suspect details regarding savings, income, etc. make a big difference. Depending on the details of the poster's situation & employment, it might be easier to take classes to get a 2-3 month residence permit after the 3 month visa waiver period runs out. This is particularly the case if the poster might have been considering language classes anyway. Or hey, it might not be easier: either way, minicloud needs to check with an accountant to figure out the tax issues, and a consulate (if he or she is still in the US) or the Ausländerbehörde (if he or she is already in Germany) to figure out the residence permit issues.
posted by ubersturm at 2:08 PM on November 1, 2009
My suggestion is to consider leaving the EU for a day or weekend getaway (UK maybe). As long as you have your passport stamped and are out of the country for 24 hours, your 3 month timeframe should reset.
DISCLAIMER - i know for sure this works in many countries - and is perfectly legal, so, it if this is something worth considering, just check the rules in Germany ahead of time.
posted by walleeguy at 3:07 PM on November 1, 2009
DISCLAIMER - i know for sure this works in many countries - and is perfectly legal, so, it if this is something worth considering, just check the rules in Germany ahead of time.
posted by walleeguy at 3:07 PM on November 1, 2009
Walleeguy is incorrect. You CANNOT reset your 90-days-in-six-months limit with a weekend trip outside Schengen, the EU, or anywhere else.
posted by mdonley at 4:02 PM on November 1, 2009
posted by mdonley at 4:02 PM on November 1, 2009
There isn't any need to over-complicate this. European borders are... fluid. If you're physically located in Germany right now, here are your easiest options:
A) Apply for a visa extension
B) Drive to another country, fly back, and get a new visa on the way back in
C) Just over-stay your visa. They are not going to deport you on your way out.
D) Over-stay your visa, drive to Switzerland, and depart for the US from Zurich.
B, C and D are not legal but this is pretty much how it's done for short-term overstays. When Germany gets in a tizz about illegal immigrants, for better or worse they do not mean you*.
*Assuming you are white and from a first-world English-speaking country.
posted by DarlingBri at 4:11 PM on November 1, 2009
A) Apply for a visa extension
B) Drive to another country, fly back, and get a new visa on the way back in
C) Just over-stay your visa. They are not going to deport you on your way out.
D) Over-stay your visa, drive to Switzerland, and depart for the US from Zurich.
B, C and D are not legal but this is pretty much how it's done for short-term overstays. When Germany gets in a tizz about illegal immigrants, for better or worse they do not mean you*.
*Assuming you are white and from a first-world English-speaking country.
posted by DarlingBri at 4:11 PM on November 1, 2009
DarlingBri's advice is bad, for two reasons:
1) Switzerland is part of the border-free Schengen area, so flying to the US from Zurich is as "bad" as flying home from Berlin after overstaying a visa; there are no border controls/stamps/etc anymore. I know Americans who have done this, and they tell me you should expect a brow-beating, at least, when you leave, as well as expect the risk of being flagged every time you attempt to enter the Schengen area through the visa-free tourist visa scheme. Unless you want to have the possibility of having to apply for a visa just to visit Europe for years in the future, I would highly recommend you not do this.
2) The practicalities of life are way easier with legal status. Having a legal visa means it will be easier to find an apartment, get a phone, set up internet, and have a legal address. Good luck trying to, say, set up a library card for research, or get a supermarket discount card, or buy a car without one. Or perhaps you'd want a bank account with a local debit card here - forget about that without the right visa.
Go to the German Embassy's website here, look at the type of visas available, and just apply for one that meets your needs. Depending on the visa, you'll need your company, at the least, to state that they're compensating you while you're over there. You could also just call them.
posted by mdonley at 11:48 PM on November 1, 2009
1) Switzerland is part of the border-free Schengen area, so flying to the US from Zurich is as "bad" as flying home from Berlin after overstaying a visa; there are no border controls/stamps/etc anymore. I know Americans who have done this, and they tell me you should expect a brow-beating, at least, when you leave, as well as expect the risk of being flagged every time you attempt to enter the Schengen area through the visa-free tourist visa scheme. Unless you want to have the possibility of having to apply for a visa just to visit Europe for years in the future, I would highly recommend you not do this.
2) The practicalities of life are way easier with legal status. Having a legal visa means it will be easier to find an apartment, get a phone, set up internet, and have a legal address. Good luck trying to, say, set up a library card for research, or get a supermarket discount card, or buy a car without one. Or perhaps you'd want a bank account with a local debit card here - forget about that without the right visa.
Go to the German Embassy's website here, look at the type of visas available, and just apply for one that meets your needs. Depending on the visa, you'll need your company, at the least, to state that they're compensating you while you're over there. You could also just call them.
posted by mdonley at 11:48 PM on November 1, 2009
chillmost, what is the connection between taking language courses and applying for an Aufenthaltserlaubnis?
This will qualify you as a student and will maybe help in your application. If you go to the Ausländerbehörde, try to get a native German speaker you know to go with you.
posted by chillmost at 12:56 PM on November 2, 2009
This will qualify you as a student and will maybe help in your application. If you go to the Ausländerbehörde, try to get a native German speaker you know to go with you.
posted by chillmost at 12:56 PM on November 2, 2009
This thread is closed to new comments.
posted by sueinnyc at 6:26 AM on November 1, 2009