I have a US passport. My 90/180 days visa-free stay in Europe is ending soon, and then, under normal circumstances, I will be able to return to Europe only in January 2017.
I have to leave the country next week for some meetings and want to return in a month. I have applied for a German Residence Permit, but it won't be ready before I leave. I will get a Fiktionsbescheinigung (a provisional Residence Permit) before I leave next week, but my question is: Can I re-enter Germany (and by extension, other Schengen countries) with the Fiktionsbescheinigung even if I have used up my 90/180 days?
My doubt stems from not knowing whether a Fiktionsbescheinigung just makes it legal to stay in Germany beyond the end of the 90 visa-free days, or that it also allows traveling out of Germany and re-entering.
From the article linked above:
If a currently valid residence permit (temporary residence permit or national visa for long-term durations - Category D - ) is available, a fictional certificate according to § 81 Section 4 of the Residence Act will be issued.
In this case, the residence permit and all supplementary regulations (also regarding the stipulations concerning gainful employment) remain in force until a decision has been made in relation to the application. Journeys abroad and re-entry into the area of the Republic are possible with a valid fictional certificate in accordance with § 81 Section 4 of the Residence Act.
If the male or female applicant is lawfully resident without a visa in the Federal Republic, because he or she is entitled to be by virtue of his/her nationality, the fictional certificate will be issued in accordance with § 81 Section 3 of the Residence Act.
This permits residence in the area of the Federal Republic until a decision has been made regarding the application. This fictional certification, however, does not permit re-entry into the territory of the Federal Republic. It also does not permit the commencement of gainful employment.
From my (pessimistic reading), I seem to fall under the §81 Section 3 of the Residence Act (lawfully resident without a visa in the Federal Republic,… by virtue of my nationality).