aus51%t? schrieb am 04.09.2022 um 17:00:13:
On the above identified bases, am I able to submit my emergency Australian passport to the immigration office, along with the receipt that I obtain for my Full Australian passport for my residence permit application? ...
yes, it's possible and shouldn't be a problem. Zitat:
My second question is, how is the 90 days in accordance with the Schengen Agreement calculated while I am awaiting an appointment at the Immigration Office?
As an Australian citizen, you must apply for your residence permit in accordance with §41 AufenthV
within 90 days after entering Germany.
Due to §16 AufenthV
(in conjunction with Appendix A of AufenthV
and the the german-australian visa agreement
listed there), only the length of stay in Germany
would be legally used to calculate the time.
The problem with this is: When traveling within Schengen, you will not get a separate stamp in your passport (which you lost anyway).
Therefore, it is not comprehensible how long you have been in Germany, how long in Italy, etc.
In fact, due to the problem of proof, you are on the safe side when calculating your permitted length of stay, as long as the 90 days since first entering the territory of any Schengen country
have not yet expired.
However, as soon as you have only submitted
the application for a residence permit (= handed over the application), your stay is considered permitted on the basis of the residence permit you have applied for.
From this point on, you would therefore not claim any more days of the 90-day visa-free period.
In other words: the application only has to be submitted within 90 days (since entering Germany legally
, since first entering the Schengen state in practice
) and everything is in order.
(Due to your privileged status, there would also be legal ways to extend the period significantly if necessary.
But that would be a bit complicated, especially if you are not sure of the German language when presenting the arguments and if you are not familiar with the german law in this regard.)