Entry and residence permit

Visa-free entry and applying for any permit in Berlin (§ 41 AufenthV); the embassy route.

The rule: § 41 AufenthV

• § 41 (1): nationals of the United States, and of Australia, Israel, Japan, Canada, Korea, New Zealand and the UK, may enter and stay without a visa also for a stay that is not a short stay, and may obtain a required residence title in Germany (gesetze-im-internet.de).
• This applies to every kind of title, including one for employment, not only to tourists.
• § 41 (3): the title must be applied for within 90 days after entry. The period ends early if you are expelled or your stay is restricted under § 12 (4) AufenthG.
• § 41 (4): not valid for an ICT card (intra-corporate transfer, § 19 AufenthG). Check the visa route if you are transferred within a company.

Working

You may start the job only when the title or a work permission allows it.

• With your application, your stay is deemed lawful (§ 81 (3) AufenthG). That alone does not allow you to work.
• Only once the LEA has approved the title and ordered the card may you do the employment provided for in the future title until the card is issued (§ 81 (5a)). This is then stated in the Fiktionsbescheinigung.
• § 41 AufenthV does not regulate work.

Applying in Berlin

• Authority: Landesamt für Einwanderung (LEA), berlin.de/einwanderung. Book the appointment and the checklist for your purpose there.
• Current availability of appointments and processing times are not assessed on this page; check the LEA site.
• Documents typically include passport, biometric photo, proof of registered address (Anmeldung), health insurance, and documents for your purpose. See Documents.

Alternative: visa from a German mission

You may also apply for a national (type D) visa before you travel, at the Embassy in Washington or a Consulate General (New York, Chicago, Los Angeles, San Francisco, Houston, Atlanta, Boston, Miami). Which mission serves you depends on the state where you live. The state-by-state assignment is published on usa.diplo.de; we did not copy it, check your state there. Visa fee €75, minors €37.50 (§ 46 AufenthV).

Reasons to choose the visa: employer or authority wants it, you want certainty before moving, or the ICT card applies. Whether a visa is faster than applying in Berlin could not be assessed.