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Seemingly complicated Schengen Visa Issue

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  • Seemingly complicated Schengen Visa Issue

    I've been trying to get my head around the Schengen Visa for US citizens for a while now, but I'm unsure about how to the information applies to me.

    I entered the Schengen Area in the end of August 2009 with a valid residency permit for Finland. I ended up living in Finland for two years and moved to Germany in September 2011. At that time I was still on a valid Finnish residency permit, which eventually expired on December 20, 2011.

    Shorty after my arrival to Germany on September 15, 2011, the purpose of which was to begin work in a 6-month internship for a company in Berlin, I applied for a work permit. Nearly four months went by before I was given an official response about my request. My permit was denied, and I was asked to leave Germany on February 22, 2012. I then submitted a letter to appeal the decision and was awarded a document that allows me to stay in Germany until March 15. However, given the slow pace of the beaurocratic system in Germany, it is likely that a decision on my appeal will arrive much later than the date that I have been asked to leave, but the German state does not gaurantee me the right to remain in country while a decision on my appeal is being made. I can request this right (which I intend to do), but I've been told the reason for staying "has to be good". At the moment im not sure if the Verwaltungsgericht Berlin consideres "not wanting to fly across the atlantic to the US and then fly back" a good enough reason.

    Since I did not enter the Schengen area as a tourist 2.5 years ago, is there some possibility for me to be awarded a 90-day travel visa so as to remain in Germany while my appeal is considered? For instance, if I were to leave the Schengen Area and re-enter, would I be eligible for the travel visa (I realize this is probably not officially advisable)?

    Thank you.

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