# German Immigration rules..help needed!



## NitinBh (Dec 13, 2013)

Hello Everyone

I need urgent advise on immigration rules of Germany. Any help would be highly appreciated.

I'm Indian National doing internship in Berlin. I did 2nd year of masters from Madrid. I had spanish resident permit (NIE - Spanish Resident for foreigners) valid till 31 December 2013. Now my NIE has expired and I have applied for NIE renewal. The new NIE would take like 40 days (20th Jan or something) to arrive. After some research, I found out that I can travel from Spain to Germany with the application receipt which validates that I'm Spanish resident. 

Now the problem is that I have to go to India on 10th and return back on 25th Jan 2014. I want to know if it is possible to enter Berlin.
I dont have a German Visa. I have my internship work permit till March 2014 and valid Identification number (one you get from Burgeramt) as well.

Can anyone please advise me if I can enter Berlin directly on the basis on these documents? or If I can obtain some documented permission from German Immigration office that would allow me to enter Berlin.

Thanks in Advance!!


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## ALKB (Jan 20, 2012)

NitinBh said:


> Hello Everyone
> 
> I need urgent advise on immigration rules of Germany. Any help would be highly appreciated.
> 
> ...


What exactly is your internship work permit's designation? As work permits are usually residence permits at the same time, you should probably be fine.


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## NitinBh (Dec 13, 2013)

My internship permit is fachpraktikum. It is for student internships in Germany.


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## ALKB (Jan 20, 2012)

NitinBh said:


> My internship permit is fachpraktikum. It is for student internships in Germany.


Okay.

What I meant is, what's the exact thing that is written on the sticker in your passport or biometric card, whichever it is.


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## NitinBh (Dec 13, 2013)

Thanks for the reply... I have a paper that says it is permit for internship as part of ordinance no 15 (praktikum im rahem des 15 Nr Beschv).. I'm sorry, I don't speak German so I'm not sure if this is exactly you are asking for..visa on my passport has expired and Spanish authorities don't stamp visa on passports, they give a resident card that says, "extranjeros España - estudiante".


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## ALKB (Jan 20, 2012)

NitinBh said:


> Thanks for the reply... I have a paper that says it is permit for internship as part of ordinance no 15 (praktikum im rahem des 15 Nr Beschv).. I'm sorry, I don't speak German so I'm not sure if this is exactly you are asking for..visa on my passport has expired and Spanish authorities don't stamp visa on passports, they give a resident card that says, "extranjeros España - estudiante".


Hmm.

Could you please type out in German what comes before "Praktikum im Rahmen des 15..."?

Did you get this 'paper' from the Ausländerbehörde?

If we can't find out what kind of permit you have, you can always call/go to the Auländerbehörde and ask if this paper enables you to re-enter Germany. They might be able to give you a Fiktionsbescheinigung to carry with you when travelling.


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## NitinBh (Dec 13, 2013)

ALKB said:


> Hmm.
> 
> Could you please type out in German what comes before "Praktikum im Rahmen des 15..."?
> 
> ...


Hi ALKB

Thanks for all your help...please see attached image of my work permit.
I guess it is not from Ausländerbehörde...


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## ALKB (Jan 20, 2012)

NitinBh said:


> Hi ALKB
> 
> Thanks for all your help...please see attached image of my work permit.
> I guess it is not from Ausländerbehörde...


Okay, great.

So you got three copies of this document - one for you, one for your employer and one to give to the Ausländerbehörde.

What did the Ausländerbehörde give/say you when you went there?


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## ALKB (Jan 20, 2012)

NitinBh said:


> Hi ALKB
> 
> Thanks for all your help...please see attached image of my work permit.
> I guess it is not from Ausländerbehörde...


I had another look at laws/rules for foreign student internships.

The document you have there is NOT a work permit as such. It is the no objection certificate from the Federal Department of Employment that is needed to issue you with a work permit.

How long have you been in Berlin? Longer than 90 days?

Your employer and/or your university should have alerted you to go to the Ausländerbehörde as soon as possible after arriving in Berlin. Has your employer forwarded the no objection certificate to the Ausländerbehörde?

I understand that you registered your residence at the Meldeamt/Bürgeramt and got an Anmeldebestätigung as proof of address as well as your tax number from the Department of Finance. That's good.

It's all very complicated, especially since we don't know what your employer has done on their side of things. If you have arrived rather recently, things just might be still under process. It would be a good idea to ask HR about that.

You cold definitely go to the Ausländerbehörde early on Monday or Tuesday, stand in line, apply for a work/residence permit without an appointment and hope that they will issue it on the spot. That would enable you to travel in and out of Germany without a problem.

I am not sure whether the application confirmation certificate from Spain would be enough to travel back into Schengen from the outside and even then, would airline personnel accept it?

You could write an email to the German Embassy in India and if their reply is positive, print it out and carry it with you.


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