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I've searched through the topics here and other forums and couldn't find what I'm looking for. I've found similar situations, and I think my situation is perfectly fine, but I'd like to double (triple, quadruple) check just to be sure I'm not doing anything wrong.

I'm an Aussie who's been in Germany since December, so the end of May will be 6 months for me. The first three months I was here on a tourist visa, and for the next three I got a language visa (since I started learning the language from the beginning anyway). I would like to continue living here and finish B1 (as I feel if I stop now there's no point to the effort up until now).

Now, as my language visa is up at the end of may, I'm wondering if the following scenario is legal and ok:

-End of May I'll have been inside of Schengen for 180 days, 90 days as a tourist and 90 with a language visa. Does that mean I can continue being here for another 90 days as a tourist? This seems perfectly valid to me, but I want to be sure.

[EDIT] The following SE topics are very similar to my situation, but differ in the fact that I've been here for 90 days as a tourist and 90 days with a language visa. The other guys have been here for longer. I am guessing it's the same for all of us, but it's all speculation so far:

Link 1 Link 2 Link 3

[EDIT 2]

I went to the foreigner's office yesterday and was told that:

A) I can continue on with a tourist/schengen visa, but I'd have to fly out of Schengen and fly back. I have no idea why that's a must though. I also can't confirm this is the rule since this was someone who worked at the administration part, not a lawyer or similar. B) Extend my language visa.

[Edit 3]

Combined with what I found on the net, the info from the Foreigner's office and @phoog's reply below, I believe I have my answer.

Cheers

  • To clarify, has your initial language course finished? Are you intending to enrol on a further course to complete your B1? – Traveller May 13 '18 at 17:22
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    I don't know what is the "language visa", but technically those 90 days shouldn't be included in the 90/180 rule, so yes, you should be able to visit Germany for up to 90 more days. – Oleksandr Kravchuk May 13 '18 at 19:30
  • @Traveller yep I will continue for at least a month, probably 2 so I can finish B1. – vpDev May 14 '18 at 9:14
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    I ask because "long-stay visas" (type D visas) and residence permits are explicitly exempted from the 90/180 rule. If the sticker in your passport isn't a type D visa then I suppose it must be a residence permit, in which case @ThisIsMyName's comment is correct. The requirement to leave Germany and return exists in German law or administrative practice, not the Schengen codes, but to comply you need not fly. You could also take a bus or any other means of transportation to a land border. – phoog May 15 '18 at 11:41
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    Then I suppose it's a residence permit. Does it say "Aufenthaltstitel" at the top? I thought they were putting an end to sticker-in-the-passport residence permits, but maybe not. In any event, if you got it inside Germany, it's not a visa. – phoog May 17 '18 at 12:06
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Combined with what I found on the net, the info from the Foreigner's office and @phoog's reply below, I believe I have my answer:

  1. I can continue being here as a tourist. However, according to German law, I must leave and reenter the country.

  2. I can also prolong my language visa (2nd option).

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