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What is a Fiktionsbescheinigung?
A paper from the German immigration office (Ausländerbehörde). It certifies what applies while your application for a residence permit has not been decided. The ticked box on page 3 says what exactly applies.
Fiktionsbescheinigung page 3
Die Inhaberin/der Inhaber dieser Bescheinigung hat bei der unten genannten Behörde die Erteilung/Verlängerung eines Aufenthaltstitels beantragt. Bis zur Entscheidung der Ausländerbehörde über diesen Antrag gilt
Diese Bescheinigung wird mit Ablauf des im Klebeetikett (Seite 5) genannten Gültigkeitsdatums ungültig.
First box: your stay in Germany is lawful. The certificate does not let you re-enter Germany, and you may work only if the certificate says so.
Second box: the application was late; only your deportation is suspended. If you leave Germany, this protection ends, and you may work only with the permission of the authority.
Third box: your previous permit stays valid. You may work as before and, with a valid passport and the expired permit, travel within the Schengen area and re-enter Germany.
Fourth box: for family members of EU citizens and for Swiss nationals. The certificate is provisional proof of the right of residence; entry is permitted with it and the passport.
The three boxes compared
| Box | Who gets it | Travel | Work |
|---|---|---|---|
| 1. Stay is lawful | People who are lawfully in Germany without a residence permit and apply for one in time. | No re-entry with the certificate. | Only if the permission is written in it. |
| 2. Deportation suspended | People who make that application too late, when their stay was no longer lawful. | Protection ends when you leave Germany. | Only with the permission of the office. |
| 3. Permit continues | People who hold a residence permit or a national visa and apply before it expires for its renewal or for another permit. | Schengen area and re-entry, with passport and the expired permit. | As with the previous permit. |
The fourth box
Below the three boxes there is a fourth. It is for family members of EU citizens and for Swiss nationals who have applied for the document that shows their right of residence. The certificate is provisional proof of that right.
What else is on the paper
- Valid until („gültig bis“): the date is on the label on page 5. The paper becomes invalid when it passes.
- Not a passport: the certificate alone does not meet the passport requirement. Carry your passport with it.
- Conditions („Nebenbestimmungen“): page 6 has a field for them. It says, for example, whether you may work.
- „Gilt nicht für Auslandsreisen“ (not valid for travel abroad): offices are told to add this note with the first and second box.
Travelling with the third box
Take three things: your valid passport, the certificate (still valid on the day you travel) and your expired residence permit or visa. Germany has notified the EU that entry is permitted only together with the expired permit or a visa.
How to get the certificate
You apply for the residence permit. The office must then issue the certificate. For the third box, the application must reach the office before your permit expires.
When there is none
- Schengen visa: a visa for short stays does not continue.
- Application after expiry: no effect arises. The office can order it in a case of hardship.
- A permit that cannot be renewed: the office rejects the application at once and issues no certificate. The federal administrative rules name au pair stays as an example.
- A repeated application after a rejection: it has no effect.
- Asylum application: the effects end with it. Exception: you held a permit valid for more than six months in total and applied for its renewal.
Fee
The office charges 13 euros for the certificate, half for minors. Some groups pay nothing, for example recognised refugees and people who receive benefits under SGB II, SGB XII or the Asylum Seekers' Benefits Act.
Common questions
Is the Fiktionsbescheinigung a residence permit?
No. It only certifies the effect of your application. With the third box your previous permit stays valid, and the certificate proves it. With the first or second box it does not replace a permit.
Does it replace my passport?
No. The form itself says that the holder does not meet the passport requirement with this certificate. It is valid only together with a valid passport or passport substitute.
Is my permit still valid while I wait for the certificate?
Yes, if you applied for the renewal before it expired. The law ties the effect to the application made in time, not to the paper. You need the paper as proof, for example to re-enter Germany.
When does the effect end?
When the immigration office decides on your application. The date on the label only says how long the paper is valid. If it runs out before a decision, the office can extend the certificate, twice at most, or issue a new one.