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I have a passport from South Korea, and I have a student visa from the Czech Republic valid from January 2017 to september 2017. I moved to Germany on 31st of August and I'm still here. (6th September)

I'm planning to go back to Prague end of this month to apply for a Czech work permit with my boss (it is after my student visa expires, and this month i'm staying in Germany, so meanwhile I need either a temporary residence permit here in Germany or 3 months visa free status(tourism purpose)).

-i know SOUTH KOREAN national applies to 90/180 days schengen visa free tourism system/law.

I asked Ausländeramt (foreigner office) if I can get a temporary residence permit after explaining my situation, but then the guy said I can stay for 90 days, which is until November without visa/residence permit as a tourist.

Since my Korean and Japanese friends told me that I need to get out of the Schengen area and come back, I thought he didn't understand my situation so I explained again and again. He kept saying I am fine. And from some posts from here the answers said it will be fine as well.

I am afraid of asking the Ausländeramt guy again (in case I'll need to get a temporary residence permit and if he gets fed up with my emails, he won't give me that lol. yup. Germany).

So my question is, am I entitled to that 3 months(tourism purpose) visa free status in Germany right after the expiration of my student visa from the Czech Republic?

(Just in case you are curious what the foreigner office guy said, this is the last email I got from him (I know what he said in this email.) after explaining my situation and he also has a scan of my passport and visas).

Ein aller letztes Mal. Sie hatten ein tschechisches Nationalvisum, sind dann am 31.08.2017 in die Bundesrepublik Deutschland eingereist. Was bedeutet, dass Sie sich in dieser zu touristischen Zwecken bis zum 29.11.2017 aufhalten können ohne ein Visum zu benötigen. Sollten Sie planen über diesen Zeitraum hinaus in der Bundesrepublik zu bleiben, so brauche ich die bereits von mir angeforderten Unterlagen von Ihnen. Eine andere Möglichkeit besteht nicht.)

marked as duplicate by Ali Awan, Giorgio, Jan, Michael, David Richerby Sep 8 '17 at 0:12

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    It's not lol yup Germany, but lol yup Korea. The authorities, who know way bwtter than your friends, tell you you're fine, amd still you keep pushimg and bothering them... 안되는 줄 아면서 왜 그랬을까... – user67108 Sep 6 '17 at 15:24
  • ^ it's not what? i don't understand what you are talking about. and not all people at foreigner office know conditions for all nationalities. (not with this issue), i saw/met many officers from foreigner offices(in different small/big cities) who had no idea what i or my friends were talking about. we had to show the official embassy/government/visa website that was written on, then we could get the service we were talking about. so i wasn't sure about this time as well. and it is 알면서* and i would appreciate if you talk nicely. – Jessica Sep 7 '17 at 13:48
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Germany has different rules depending on the citizenship of the applicant

Check this page from the German Foreign Office. The most obvious thing is that some nationalities require a visa for 90 days of tourism ("Ja" means "yes") and some do not ("Nein" means "no").

As a South Korean citizen, you do not require a visa to stay in Germany as a tourist for 90 days. So you do not have a "three month visa" right now and they won't issue it to you because it makes no sense.

Some of the entries also have various notes. The entry for South Korea has a "3)" and at the footer of the table it says says "3) Aufenthaltstitel (auch für Aufenthalte über 90 Tage) können nach der visumfreien Einreise beantragt werden." The translation for that is "Residence permits (including for stays over 90 days) may be applied for after the visa-free entry."

So it is generally true that foreigners have to leave the Schengen area to apply for a new permit, but this rule does not apply to South Korean citizens.


Germany has different rules depending on the purpose of the stay

As a South Korean citizen, your visa-free entry is for tourism only. You are not allowed to work. You can apply for an Aufenthaltstitel that allows you to work while you are in Germany. It seems that the official has explained to you which documents you should submit to apply for one. Questions about that are better asked on Expatriates StackExchange.


Regarding the answer from the official

ein aller letztes Mal.

"For the very last time." That sounds rather unprofessional, did you pester him a lot?

Sie hatten ein tschechisches Nationalvisum, sind dann am 31.08.2017 in die Bundesrepublik Deutschland eingereist. Was bedeutet, dass Sie sich in dieser zu touristischen Zwecken bis zum 29.11.2017 aufhalten können ohne ein Visum zu benötigen.

"You had a czech national visa, and then you entered the Federal Republic of Germany on August 31th, 2017. That means you can stay for purposes of tourism until November 29th, 2017." (Emphasis mine.)

Time spent in the Czech Republic does not count against the 90/180 visa rule. The 90 days start from the day you entered Germany in August. It might be useful to collect documentation to show how many days you have spent in Germany and how many in the Czech Republic (e.g. train or air tickets, hotel receipts) because you will be able to stay beyond November 30th if you spend more time in the Czech Republic before your D visa runs out.

Sollten Sie planen über diesen Zeitraum hinaus in der Bundesrepublik zu bleiben, so brauche ich die bereits von mir angeforderten Unterlagen von Ihnen. Eine andere Möglichkeit besteht nicht.

"Should you plan to stay in the Federal Republic beyond this period, I will need the previously requested documents from you. There is no other option."

It seems clear from that answer and from my understanding of the visa rules that you may stay (but not work) in Germany for 90 days after your arrival.

  • ^sorry, i meant the 3 months visa-free status or whatever it's called in English. haha :) and i know what he said in German.... and i didn't say i want to "work" in "Germany"(i don't know why the foreigner office guy emphasised that it is tourism purpose haha), i know that 3 months thing is only for tourism purpose(and he said it as well but i knew it before anyway). (edited/added that on my post lol) sorry for misunderstanding ><. – Jessica Sep 7 '17 at 13:53
  • ^ i was just asking if he is right that i don't need to get out of schengen area to be entitled of that 3 months visa free status(tourism purpose yes), because everyone around me said differently. anyway, thank you for clarifying/your time and your help :) have a good weekend ! – Jessica Sep 7 '17 at 13:53
  • sorry, just one question. "because you will be able to stay beyond November 30th if you spend more time in the Czech Republic before your D visa runs out." - i don't understand this part, or you are just saying i have to get new Czech visa before the 29th November 2017(the last date that i can stay in Germany)? – Jessica Sep 7 '17 at 14:02
  • @Jessica, time spent in the Czech Republic does not count against the 90 days in Schengen while you have a Czech D visa. You wrote that you have one until September and that you have returned to the Czech Republic. Depending on when exactly your D visa runs out, you could have a few extra days beyond November 29th. To get those days you would have to document exactly when you were in Germany and when you were in the Czech Republic. Much clearer if you can get a German D visa. – o.m. Sep 7 '17 at 16:28
  • ^ umm no i didn't write i have returned to Czech Republic. my czech visa is valid until 6th September 2017, and i came to Germany(from Czech Republic) last week (with my friend's car) and have been here since then. but i do have a document that can prove i'm in Germany from 31st August as that's when i did the Anmeldung. so i do not understand what you are talking about "You wrote that you have one until September and that you have returned to the Czech Republic. Depending on when exactly your D visa runs out, you could have a few extra days beyond November 29th." here – Jessica Sep 7 '17 at 18:31

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