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When a U.S. employee’s German residence permit expires, they can’t use their visa-free allowance immediately to re-enter Germany. However, if their PR application is submitted, they can legally remain and continue working under the fictional effect (Fiktionsbescheinigung). For travel, they must obtain a fictional certificate before leaving Germany.
Summary: American Talent RP expiration
The Question
The Answer
According to the Stuttgart immigration office, the visa-free allowance for U.S. citizens pauses when a residence permit is active. Once the permit expires, a new 90-day visa-free period begins only after the employee leaves Germany. If their PR application has been submitted and the permit is expired, the fictional effect (Fiktionsbescheinigung) allows them to remain and work legally. However, for international travel, they should obtain a fictional certificate from the immigration office before departure to avoid re-entry issues. HR teams should remind employees to request this certificate early if business or personal travel is planned.
Travel Rules for U.S. Employees Awaiting German PR
Context & Background — The Challenge
A U.S. employee in Germany had an expired residence permit and a PR appointment scheduled for a later date. The employee wished to travel internationally before that appointment. HR teams often encounter confusion around whether the 90-day visa-free rule applies in such circumstances.
Applicable Regulation
The Stuttgart Immigration Office clarified that the visa-free allowance for U.S. citizens pauses during a valid residence permit. After expiry, new visa-free days are added only once the individual exits the Schengen zone. Meanwhile, German immigration law allows a “fictional effect” to bridge legal stay and employment between permits.
Outcome / Detailed Explanation
The employee was not considered illegal in Germany due to the active PR application. They remained authorized to work under the fictional effect but required a fictional certificate for travel until the new permit was issued. Without it, re-entering Germany would not be possible on a visa-free basis while the application is pending.
Employer or Talent Steps
- For HR teams:
- Advise employees in similar situations to apply for the fictional certificate before making travel plans.
- Advise employees in similar situations to apply for the fictional certificate before making travel plans.
- For talent:
- Contact the local immigration office immediately upon residence permit expiry.
- Keep a record of pending PR applications and upcoming travel plans to avoid compliance gaps.
- Contact the local immigration office immediately upon residence permit expiry.
Key Learnings / Takeaways
- Visa-free entry resets only after exiting Germany.
- Filing a PR application activates the fictional effect, maintaining legal stay and employment.
- International travel requires obtaining the fictional certificate in advance.
Travel with Residence Permit Expiration
This covers the following use cases:
- What happens if an American employee’s residence permit expires while working in Germany?
- Can an American worker travel visa-free to and from Germany after their residence permit expires?
- How does the fictional certificate (Fiktionsbescheinigung) protect employees with expired permits in Germany?
- Can an American employee keep working in Germany after their residence permit expires during PR processing?
- What should HR do if their American employee has an expired German residence permit but needs to travel?
- How is the 90-day Schengen visa-free allowance affected by an expired residence permit in Germany?
- When does a U.S. citizen have to leave Germany if their residence permit expires?
- What travel documentation is needed for American talent with pending permanent residency applications in Germany?
- How can HR ensure compliance for American workers with expired permits and upcoming travel plans?
- Does the German immigration office offer extensions or travel permissions for employees with expired residence permits?
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