Can I get Fiktionsbescheinigung outside Germany in the EU after schengen expires?
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Yes. I'm a US citizen
As a US citizen you can apply for a residence permit directly in Germany based on §41(1) AufenthV.
See answer where §41(1) AufenthV is quoted:
You can apply for any type of residence permit.
The 90 day rule does not apply for the time in country X once the application for their residence permit has been made.
Once you leave that country, it will start again.
Since you don't require a Schengen visa (Type C) as a US citizen you can go to Germany on your passport alone (take the proof of residence permit application for country X with you, which is proof that you were in country X based on their national law).
Apply for the German residence permit on arrival.
according to the German embassy, because they said I am NOT considered a resident until I have the actual residence permit, until then I am considered a visitor and must apply from my home country.
The Embassy is correct that you cannot apply for a national visa in country X until you are a resident of country X (i.e. while the application is pending).
But you do not need a national visa (Type D) for Germany due to §41(1) AufenthV.
They also told me that if I went directly to Germany, they would not give me a residence permit while in Germany; I would have to return to my home country to retrieve it.
That information is not correct for citizens of the countries listed in §41 AufenthV.
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Source: stackoverflow.com
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