If your application for a residence permit is delayed for any reason in Germany there is a decent chance you’ll end up with a temporary ‘fictional certificate’. Here’s how to navigate work and travel while you’re left waiting.
Evidence suggests more and more foreign residents in Germany are living on temporary permits (called a Fiktionsbescheinigung, or sometimes Fiktion for short) while their applications for new or renewed residence permits are delayed.
Typically issued as a paper document, a Fiktion ensures your legal right to remain in the country legally – even after your physical residence card has expired – but can cause insecurity in your day to day life.
So what can you do if you’re issued with one to minimise the disruption while you wait?
Don’t give up your residence card
One of the most important – and often overlooked – issues concerns your existing residence permit card (Aufentshaltstitel).
According to immigration lawyers, there are cases where residence cards are taken away when a Fiktion is issued.
But, as the Hamburg Welcome Centre makes clear, a Fiktion is only valid in conjunction with a passport and your previous residence permit. In other words, the new document does not replace your old one – it extends it.
In practical terms, this means your expired residence card should be retained, and always presented alongside your Fiktion whenever you need to prove your status.
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Understand what kind of document you have
Not all Fiktions are the same.
In most cases, there are two main types. If your certificate refers to § 81 Abs. 4, that means your previous residence status continues largely unchanged.
If it refers to § 81 Abs. 3, then your stay is still legal but your rights are more limited – particularly when it comes to work and travel.
The first type, often referred to as a Fortgeltungsfiktion (‘continued validity fiction’), is generally issued when you apply to extend or change an existing residence permit before it expires.
The second type, referred to as an Erlaubnisfiktion (‘permission fiction’), is usually issued if you’ve applied for a residence permit for the first time after arriving in Germany.
Checking which paragraph is listed on your document – usually marked with an “X” – is therefore essential before making decisions about work or travel.
Also note that some documents specify in plain language whether or not you are allowed to travel, work or otherwise. So it’s worth reading your document carefully, with a translator if necessary.
Be ready to prove your right to work
For many people, the first practical difficulties arise in the workplace.
Johannes Glembek, Secretary-General of the Federal Association of Foreign Students (BAS), says that many employers simply “do not recognise the Fiktionsbescheinigung,” particularly smaller companies without dedicated HR expertise.
This can create a problematic situation in which your legal right to work continues, but employers hesitate because they’re unsure of how to interpret your documents.
One of the most important steps here is to check the wording on your certificate. As immigration platform Jobbatical notes, phrases such as “employment permitted” (Erwerbstätigkeit erlaubt) are intended to make your legal ability to work clear.
Look for this, or similar wording, and point it out if any confusion arises. Just as importantly, you should present your documents together, i.e. show your passport, your expired residence permit and your Fiktion altogether.
It’s also worth bearing in mind that, under German law, submitting your application for your next (or renewed) residence permit on time preserves your existing right to work – even if your next document has not yet been issued.
In these situations, providing proof of your application – such as an appointment confirmation or submission receipt from the immigration office – alongside your expired residence permit can help reassure employers that your status remains valid.
READ ALSO: ‘You need patience’ – What it’s like to get a residence permit in Germany
Confirm your ability to travel
Travel outside of – and more specifically returning to – Germany is consistently described as the most problematic aspect of living with a Fiktion.
As mentioned above, first you’ll want to double-check if your current document allows re-entry to Germany or not.
If your certificate does not permit travel, you can leave Germany but returning may be difficult or even impossible.
In this case you can apply for a travel-enabled certificate or an ’emergency travel permit’, which immigration authorities can issue in cases of urgent need.
To do so, you’ll need to contact your immigration authority directly – for example via their urgent contact form, email or phone number – to request a permit for travel.
You may need to provide evidence of why the trip cannot be postponed. According to the Berlin’s immigration office (LEA) website, a travel emergency is defined as “an urgent need to travel within the next four weeks”. This can be proven by showing a previously purchased transportation ticket, for example.
You should still expect some processing time here as well.
If you already know you will need to travel in the future, make sure to inform the immigration office as early as possible – ideally when submitting your residence permit application – as this increases the likelihood of receiving a travel-permitting document from the outset.
READ ALSO: Can you go home for the holidays if you’re waiting for a new German residence permit?
If your Fiktion allows travel, it’s still a good idea to prepare carefully. The key advice here is that a Fiktion is only valid in connection with a passport and, where applicable, your previous residence permit.
Your passport proves your identity, your expired residence card shows your previous status and the Fiktion extends that status. So always carry these documents together when travelling outside of Germany.
Some travellers also choose to carry additional supporting material, which can held when dealing with airline staff or border officials who are unfamiliar with the system.
Examples include official information sheets, such as this one, which explain the document in English and German.
Where possible, it may save you some trouble to fly directly into Germany rather than transiting through other countries.
READ ALSO: Germany scraps airport transit visas for Indian travellers
Anecdotally it seems that people travelling with a Fiktion are often referred for manual document checks, so it could be worth arriving at the airport early as well.
If your passport is from a country that does not require a visa to enter Germany, you are less likely to face additional questions or checks on your return.
Consider legal support if delays become excessive
A Fiktion is usually issued for a limited period – often a few months – and must be renewed if your original application still hasn’t been processed when it expires.
In some cases, this leads to a cycle of repeated extensions while applicants wait for a decision. For some people, these delays go beyond inconvenience and become a serious obstacle – affecting employment, travel or long-term planning.
If you fall into this category, it may be worth considering legal action.
Under German administrative law, if immigration authorities fail to issue a decision within a reasonable time-frame, applicants can bring a “failure to act” (Untätigkeitsklage) claim.
Formal legal pressure can be effective. According to the law firm Migrando, in around 90 percent of cases they handle just the threat of such a claim is enough to prompt authorities to move forward with an application.
Initiating legal action is not a step to be taken lightly, of course. But if your application has been pending for an extended period and you’re struggling to secure an appointment or even receive a response, it may be the best way to ensure your case is actively processed.
READ ALSO: What foreigners should know about Germany’s digital ID cards and residence permits
This article is based on reporting and information from official sources and immigration experts but does not constitute legal advice. Immigration rules and individual circumstances can vary significantly. If you are unsure about your situation, we recommend you contact your local immigration authority or seek advice from a qualified immigration lawyer.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: thelocal.de
