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I have a valid D-visa for another couple of months. I have been living in Germany for less than 90 days, but that will soon go over the 90 day limit.

I have been unable to find an appointment for a residency permit even though I have been trying for weeks. I have already submitted an email application through the contact form with all my documents. The documents I sent include - the official form (filled out), german health insurance, anmeldung of apartment, blocked account confirmation, educational institution registration.

I have the confirmation of the sent email saying it counts as an application but the language is a bit vague around extension vs. applying for a brand new permit.

The confirmation says -

Wenn Sie in Ihrer E-Mail die Verlängerung der Gültigkeit Ihres befristeten Aufenthaltstitels (Aufenthaltserlaubnis, Blaue Karte -EU oder D-Visum für einen längerfristigen Aufenthalt) beantragt haben, gilt hiermit Ihr Aufenthalt im Bundesgebiet (mitsamt den Nebenbestimmungen Ihres jetzigen Aufenthaltstitels) bis zur Vorsprache im LEA als rechtmäßig. Das bedeutet, Sie können weiter im bisherigen Umfang arbeiten oder studieren.

If you have applied for the extension of the validity of your temporary residence permit (residence permit, EU Blue Card or D visa for a longer-term stay) in your email, your stay in the federal territory (including the additional provisions of your current one) is hereby valid residence permit) as legal until the LEA interview. This means that you can continue to work or study to the same extent as before.

However this is not an extension of a pre-exisiting residency permit. This is an application for my first residency permit.

Can I stay in Germany beyond 90 days as long as I have the email letter and my visa is still valid for a few months? Even though I have not yet gotten a residency permit, a residency permit appointment, or a Fiktionsbescheinigung?

Also as a separate but related question - Can I travel Europe using this visa? It only says Deutschland and not Schengen. Does the 90/180 rule only apply to countries that are not Germany, or does living in Germany also count towards my 90 "days" of allowed stay within Europe?

Here is the current D-Visa I possess.

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  • or D visa for a longer-term stay, which you have.
    – Mark Johnson
    Sep 15 at 9:27
  • Yes, but it says Verlängerung not neue Ausstellung or something similar. I just wanted to be very very sure to not break any rules. So the line D visa for longer term stay means I can stay right? I shouldnt start packing my bags?
    – gr56f0
    Sep 15 at 9:31
  • Your first application for a residence permit was made (and granted) when you applied for the D visa. The D visa sticker will contain a § number of the AufentG that states which type of residence permit was granted. Post an image of the sticker if you can.
    – Mark Johnson
    Sep 15 at 9:34
  • Its not a sticker (at least not how I imagine stickers). Its a visa that is on the passport if that is what you mean. It says - § 16B AUFENTHG NEBENTÄTIGKEIT GEM. § 16B ABS. 3 ERLAUBT AUFENTHALTSDAUER ENTSPRICHT GÜLTIGKEIT , It is valid up until December. I can post a full image if that works better.
    – gr56f0
    Sep 15 at 9:40
  • So you have a § 16b - Further education residence permit and you are allowed to work under the condition of Paragraph 3 (The temporary residence permit entitles the holder to take up employment totalling no more than 120 days or 240 half-days per year, and to take up a student job.) until the LEA interview.
    – Mark Johnson
    Sep 15 at 9:50

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I have the confirmation of the sent email saying it counts as an application but the language is a bit vague around extension vs. applying for a brand new permit.

Your first application for a residence permit was made (and granted) when you applied for the D visa. The D visa sticker will contain a § number of the AufentG that states which type of residence permit was granted.

The email also includes D visa for a longer-term stay. You still must make an appointment to apply for the residence permit card.

Can I travel Europe using this visa? It only says Deutschland and not Schengen. Does the 90/180 rule only apply to countries that are not Germany, or does living in Germany also count towards my 90 "days" of allowed stay within Europe?

That will depend on your citizenship and whether that citizenship requires a C visa (Schengen Visa) to enter the Schengen Area. How to read the visa sticker. While the D visa (National Visa) is valid (as shown on the sticker), it can be used as a C visa in other Schengen countries where there (but not inside the issuing country) the 90 days rule applies (but rarely enforced).

An application for a German National Visa (type D) is also an application of a resident permit.

In most cases, such an application must be made at a consulate (or consulate department of an Embassy) outside of Germany.

The consulate will then send the application to the responsible authority inside Germany where a decision will be made to grant or deny the application.

When granted, they will authorise the consulate to issue a national visa which will contain (in the remarks field) a § number of the AufentG (Residence Act) that states which type of residence permit was granted. It will also state whether and to what extent you are permitted to work.

After arrival, you are expected to report to the responsible immigration office so that a residence permit card (called: elektronische Aufenthaltstitel (eAT) - The electronic residence title) can be issued.

Citizens of:

  • Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland

may apply for an initial residence permit from inside Germany (§41(1) - Vergünstigung für Angehörige bestimmter Staaten (AufenthV))

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