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Mark Johnson
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Yes. I'm a US citizen

As a US citizen you can apply for a residence permit directly in Germany based on §41(1) AufenthGAufenthV.

See answer where §41(1) AufenthGAufenthV is quoted:

You can apply for any type of residence permit.

The 90 day rule does not apply for the time in country X once the application for their residence permit has been made.

Once you leave that country, it will start again.

Since you don't require a Schengen visa (Type C) as a US citizen you can go to Germany on your passport alone (take the proof of residence permit application for country X with you, which is proof that you were in country X based on their national law).

Apply for the German residence permit on arrival.

according to the German embassy, because they said I am NOT considered a resident until I have the actual residence permit, until then I am considered a visitor and must apply from my home country.

The Embassy is correct that you cannot apply for a national visa in country X until you are a resident of country X (i.e. while the application is pending).

But you do not need a national visa (Type D) for Germany due to §41(1) AufenthV.

They also told me that if I went directly to Germany, they would not give me a residence permit while in Germany; I would have to return to my home country to retrieve it.

That information is not correct for citizens of the countries listed in §41 AufenthV.

As a US citizen you can apply for a residence permit directly in Germany based on §41(1) AufenthG.

See answer where §41(1) AufenthG is quoted:

You can apply for any type of residence permit.

The 90 day rule does not apply for the time in country X once the application for their residence permit has been made.

Once you leave that country, it will start again.

Since you don't require a visa as a US citizen you can go to Germany on your passport alone (take the proof of residence permit application for country X with you, which is proof that you were in country X based on their national law).

Apply for the German residence permit on arrival.

according to the German embassy, because they said I am NOT considered a resident until I have the actual residence permit, until then I am considered a visitor and must apply from my home country.

The Embassy is correct that you cannot apply for a national visa in country X until you are a resident of country X (i.e. while the application is pending).

But you do not need a national visa (Type D) for Germany due to §41(1).

They also told me that if I went directly to Germany, they would not give me a residence permit while in Germany; I would have to return to my home country to retrieve it.

That information is not correct for citizens of the countries listed in §41.

Yes. I'm a US citizen

As a US citizen you can apply for a residence permit directly in Germany based on §41(1) AufenthV.

See answer where §41(1) AufenthV is quoted:

You can apply for any type of residence permit.

The 90 day rule does not apply for the time in country X once the application for their residence permit has been made.

Once you leave that country, it will start again.

Since you don't require a Schengen visa (Type C) as a US citizen you can go to Germany on your passport alone (take the proof of residence permit application for country X with you, which is proof that you were in country X based on their national law).

Apply for the German residence permit on arrival.

according to the German embassy, because they said I am NOT considered a resident until I have the actual residence permit, until then I am considered a visitor and must apply from my home country.

The Embassy is correct that you cannot apply for a national visa in country X until you are a resident of country X (i.e. while the application is pending).

But you do not need a national visa (Type D) for Germany due to §41(1) AufenthV.

They also told me that if I went directly to Germany, they would not give me a residence permit while in Germany; I would have to return to my home country to retrieve it.

That information is not correct for citizens of the countries listed in §41 AufenthV.

Source Link
Mark Johnson
  • 30.3k
  • 3
  • 51
  • 118

As a US citizen you can apply for a residence permit directly in Germany based on §41(1) AufenthG.

See answer where §41(1) AufenthG is quoted:

You can apply for any type of residence permit.

The 90 day rule does not apply for the time in country X once the application for their residence permit has been made.

Once you leave that country, it will start again.

Since you don't require a visa as a US citizen you can go to Germany on your passport alone (take the proof of residence permit application for country X with you, which is proof that you were in country X based on their national law).

Apply for the German residence permit on arrival.

according to the German embassy, because they said I am NOT considered a resident until I have the actual residence permit, until then I am considered a visitor and must apply from my home country.

The Embassy is correct that you cannot apply for a national visa in country X until you are a resident of country X (i.e. while the application is pending).

But you do not need a national visa (Type D) for Germany due to §41(1).

They also told me that if I went directly to Germany, they would not give me a residence permit while in Germany; I would have to return to my home country to retrieve it.

That information is not correct for citizens of the countries listed in §41.