Fiktionsbescheinigung

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A Fiktionsbescheinigung is issued when a decision about a residence title application cannot yet be taken, for example because required documents are missing or the immigration file is not available, an ordered electronic residence title (eAT) cannot be issued before the expiry of the previous residence title or it is necessary to await the outcome of criminal proceedings.

A Fiktionsbescheinigung can only be issued where the stay is still lawful at the time of application for the issue or extension of a residence title.

In cases where an existing residence title (residence permit or national visa for longer-term stays – category D) is still valid, a Fiktionsbescheinigung will be issued in accordance with Art. 81 (4) AufenthG.

The residence title and all ancillary provisions (also with regard to the regulations governing economic activity) will then remain valid until a decision has been taken about the application. International travel and re-entry to the Federal Republic of Germany are possible with a valid Fiktionsbescheinigung issued in accordance with Art. 81 (4) AufenthG.

Where the applicant is legally allowed to stay in Germany without a visa on the grounds of their nationality, the Fiktionsbescheinigung will be issued in accordance with Art. 81 (3) AufenthG.

This entitles them to stay in the country until a decision has been taken about the application. However, this Fiktionsbescheinigung does not entitle the applicant to re-enter the country. The pursuit of economic activity is also not permitted.

A Fiktionsbescheinigung cannot be issued in the case of the following decisions on residence permit cases:

• Permission to remain

• Residence card in accordance with the Freedom of Movement Act/EU (Freizügigkeitsgesetz/EU)

• Permanent residence card in accordance with the Freedom of Movement Act/EU (Freizügigkeitsgesetz/EU)
• Temporary suspension of deportation
• Permanent settlement permit/residence title not limited in time
• (Schengen) type C visa/visitor and business visa/tourist visa

Information sourced from here: Fiktionsbescheinigung – website of the state capital of Düsseldorf (duesseldorf.de)

Please contact the functional inbox e-mail address .

If you have a valid Fiktionsbescheinigung issued in accordance with Art. 81 (4) AufenthG and a valid passport, you can travel abroad. No further conditions apply within the EU. Outside the EU, the applicable entry regulations for the country you wish to travel to must be observed.

You have submitted an application for the extension of your residence permit.

We would like to point out that, if you already have a valid residence title (in the meaning of Art. 4 (1) Sentence 2 AufenthG) and applied for the extension before its expiry, the old residence title is deemed to remain in force even after it expires (Art. 81 (4) Sentence 1 AufenthG). Any included work permit also remains valid. However, this does not apply for holders of a Schengen visa (visa for a short-term stay) who have applied for a residence permit.

Information sourced from here: Information on the continued validity of a Fiktionsbescheinigung – website of the state capital of Düsseldorf (duesseldorf.de)