So basically, as the title says, my residence permit has expired and I’m still waiting for an appointment. I’m planning to take a one day trip to Cheb, which is very close to where I live. Can I enter the Czech Republic with this visa and my passport? ChatGPT says I can’t, but older posts in this sub say I can. I’m confused if anyone knows more, please let me know.

by Beinghariii

15 comments

  1. Do NOT, its purely because your paperwork is expired and if ever there is a check on the trains or the buses and you are caught for this, then its not straight forward at all. People might say you can show the appointment letter you have which will justify, but you need to consider the fact that its expired so theres nothing that can be done.

  2. As I remember you can only enter to Germany with this document, not any other EU country, but I might be wrong.

  3. IANAL but since §81 IV AufenthG states your residence permit is valid until the Ausländerbehörde decides if they renew your residence permit you should be fine.

    What I can’t tell you is if the czech police acts accordingly or if they just see that your RP is expired and don‘t accept it.

  4. Can you enter the Czech Republic with your passport normally? If so, that direction is no problem.

    This sticker says that your Aufenthaltstitel is to be treated as continuing, so it’s still valid, with the exception listed at the bottom which taking about a validity date on page 5.

    So returning should be no problem either. I am not a lawyer, and certainly not your lawyer.

  5. Do you have a passport? You can travel within Schengen without a problem.

  6. >ChatGPT says I can’t, but older posts in this sub say I can. I’m confused if anyone knows more, please let me know.

    The easy answer is: How should a text production software know whether you can travel or not. Or why would anyone trust a text generator to know that.

    You’ve got a Fiktionsbescheinigung due to the prolonging of your title. The FIktionsbescheinigung WIth this document your residence permit counts as still valid as long as the date of the FIktion hasn’t passed or there has been a contrary decision from the authority. You should be able to travel around wherever you could’ve with your passport and your Aufenthaltserlaubnis, within the EU or over EU borders. You don’t have the Titel at your person, but your legal status hasn’t changed. What you were able to do beforehand, you are able to do now, still.

    I am not an immigration lawyer, I have only experience with people using their fiktionsbescheinigung to travel.

  7. Go with this AND your passport, you should be fine. If you don’t have a valid passport then don’t go.

  8. I wouldn’t. I cross borders out of DE frequently and  recently often on coming back I get police and zoll roadblocks at the border and been asked to identify 2 times (out of maybe 50 times)

  9. §81 (4) If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigners authority. This does not apply to visas issued in accordance with section 6 (1). If the application to issue or extend a residence title was filed too late, the foreigners authority may order that the previous residence title remains valid in order to avoid undue hardship.

    Were you allowed to travel to Czech before you applied for extension of your residence title? If yes you can travel to Czech

  10. Yes you can. It extends your current status until your appointment. I have traveled from Germany to my home country (different continent so flew through airport immigration checks) with such a FiktionBecheinigun while waiting for a renewal appointment. If still in doubt, ask at the Auslanderbehorde info counter.

  11. **DO NOT DO THIS**.

    While in theory it should be possible – the new Interior Minister has ordered the police to be way more restrictive just the day he took office and the Bavarian Grenzpolizei is even worse. They’re itching for deportation numbers, you do not want to end up like the poor sods in the US.

  13. This is a problem that immigrants in italy face a lot and the general rule of thumb: never travel when your card is expired. When it is under renewal, you are valid in the country where it is issued but not in schengen. Ofc no one likely to check you, but you just have to be very unlucky to get that random check in public place (and as an immigrant, i get stopped a lot in different EU countries. Sweden even did a full border control on me twice after arriving from schengen area).

    Also the advice that if your passport has visa free entry to EU you can travel is in gray area. The ‘tourist visa’ has to be activated by the border where the 90 days clock then starts.

    Just consult the immigration office and not chatgpt

  14. It depends , if this Fiktionsbescheinigung stills valid , then the (§81. Abs.4) allows you to travel in the Schengen Raum.If it is expired and you got no appointment I wouldn’t cross the border which would cause you some troubles . The appointment will effect as a Fiktionsbescheinigung with the (§81 . Abs.4) . On the other hand if your passport allows to travel 90 days every 180 days through Schengen without visa , then you can cross the border to a non Schengen country for one day and come back then you’ll get another 90 days without visa . But as I said the best option in my opinion is to wait until you get an appointment date and and an email from the Ausländerbehörde which states that your status is valid as (§81. Abs.4) and you are good to go .

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