Many foreigners need a residence permit to stay in Germany legally. Residence permits can be renewed a few weeks before expiry, but waiting times of several months or more are common. So what are your rights while you wait to hear back?
Can you keep working in Germany?
Whether or not you can work while waiting for your next residence permit depends on the kind of residence permit you had previously.
Generally, if your last residence permit granted you the right to work in Germany then you can keep working until your permit is renewed or a new one is issued.
But if your last residence permit did not allow you to work in Germany, then you’ll need to receive a new one that permits employment before you can legally begin work.
Put simply: If you are already legally working in Germany you can continue to do so until your residency status is changed. If you are waiting to get approval to start working, then you will, unfortunately, have to wait.
READ ALSO: What’s the outlook for the German job market in 2025?
Can you leave Germany?
You are technically free to leave Germany while waiting for your residence permit, but it’s getting back in that may be the tricky part.
Once your residence permit has expired you’ve lost the legal right to enter Germany, so if you were stopped at the border you could feasibly be denied entry. You would then need to wait in another country until your new residence permit is granted, and that process could be complicated if you fail to appear at the immigration office where you applied.
So if you are from a country that doesn’t have a free entry agreement with Germany, you’d be advised to avoid travelling internationally until you’ve received your new visa or otherwise obtained permission for re-entry.
If you do need to travel while waiting for a new residence permit, you can usually gain permission to do so in the form of a temporary stay permit (Fiktionsbescheinigung) that allows for re-entry. Note that not all of these temporary permits allow travel beyond Germany, so make sure that yours does before leaving the country.
READ ALSO: When do foreigners in Germany qualify for an expedited residence permit for travel?
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What if you come from a visa-free country?
If you come from a country that has a visa-free entry agreement with Germany, then you shouldn’t have a problem re-entering the country, even while waiting for a new visa, and then you can stay as you wait for your residence permit to be extended.
Most European countries, including those in the Schengen zone and the UK, maintain “freedom of movement” agreements with Germany. Outside of Europe the US, Canada, Australia, New Zealand, South Korea, Singapore, Japan, and many countries in South America also maintain free-entry agreements with Germany. You can find a complete list here.
But be aware that you may eventually need to prove that you are waiting for your residence permit to remain in the country.
Visa-free non-EU citizens entering Schengen are only allowed to stay in the bloc for 90 days out of every 180 before they require a visa, so you may need to show that you are waiting for a residence permit. Evidence for this could include a copy of the visa application that you had turned in to immigration, as well as a note of receipt from said immigration office. You should also keep your previous residence permit – even if it’s expired – until the next one is issued.
Does this apply to me if I have a permanent residence permit?
No, this only applies to those holding temporary residence permits.
If you have a permanent residence permit and your residence permit card expires or is lost, just book an appointment at your local immigration office to have your card replaced.
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What’s the timeline for receiving a new residence permit?
Temporary residence permits are valid for six months up to four years, depending on the permit and your circumstances. When your residence permit expiration date is approaching you can apply to renew it, or apply for a new one, at your local immigration authority or Ausländerbehörde.
Berlin’s immigration office, the Landesamt für Einwanderung (LEA), recommends that foreign residents apply for a new permit eight weeks before the current one expires – but not sooner. Elsewhere, you might consider applying as early as three months ahead of your permit’s expiration, but any sooner than that would be ill advised.
But unfortunately, turning in your renewal application on time doesn’t mean that it will be processed fast enough to avoid a lapse between permits.
For example, Berlin’s LEA recently told The Local that in some cases residence permit applicants are experiencing delays of up to five months, and similar situations have been reported in other German cities.
The Local also surveyed readers who were waiting for residence permit applications to be processed, and many reported waiting between four to eight months with a few saying they had waited over a year.
READ ALSO: ‘Stuck in Germany’ – How delays to get a residence permit impact foreigners’ lives
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If you need to renew your residency soon, the best advice is to make sure your application is well-organised and get it turned in early.
READ ALSO: EXPLAINED – How to apply for a residency permit online in Berlin
