Travelling with Fiktionsbescheinigung
If you applies for an extension of current residence title (visa) or for a different residence title before your current residence title expires, the current residence title shall be deemed to remain in force from the time it expires until the time of the decision by the foreigner’s authority (Ausländerbehörde). Meanwhile to serve the period between the expiry of existing visa and issue of new visa, you can request for a Fiktionsbescheinigung . It is a temporary certificate which is issued if a decision on an application for a residence title is not decided upon (pending).
Under following circumstances, you can request for a Fiktionsbescheinigung during the application for the issue or renewal of a residence permit –
- your documents are missing or the file is not available with the Authority.
- ordered residence permit cannot be issued before expiry of the your previous residence permit, or
- the outcome of criminal proceedings against you must be awaited.
A Fiktionsbescheinigung can only be issued if the visa is still legal at the time of the application for the issue or renewal of a residence permit. i.e. if an application is made for the issue or extension of a residence permit and no decision can be taken on the application at the time of the appointment. An application for a residence title must therefore be submitted in order for a Fiktionsbescheinigung to be issued. Only someone who is entitled to a residence permit in Germany due to His/her nationality (Passport) or someone who has a valid residence title (residence permit or national visa – category D) can apply for a Fiktionsbescheinigung. With a Fiktionsbescheinigung , you have the following rights-
- The residence title, including all associated rights (including employment), remains valid until a decision has been made on your application.
- Travel abroad and re-entry into the Germany are also possible.
Usually national visa is issued only for 3 months, when someone applies from his/her home country. Once you are in Germany, you can also request for a Fiktionsbescheinigung during your application for visa extension at Ausländerbehörde, if current visa expires shortly after your appointment at Ausländerbehörde.
If the applicant is lawfully staying in Germany without a visa because his or her nationality (Passport) entitles him or her to do so, then the Fiktionsbescheinigung does not entitle the holder to re-enter the Federal territory. Nor is it permitted to take up gainful employment.
- Valid passport.
- Previous residence permit (for e.g. Blue card visa, Family reunion visa etc.).
- Proof of residence in Germany – Meldebestätigung (Apartment Registration document), Apartment contract, Wohnungsgeberbestätigung etc.
- If you are a foreigner with valid National visa (or Type D) for e.g. Blue card or Family reunion visa, then you can request for a Fiktionsbescheinigung, if the decision on your visa extension application in Germany needs more time.
- Holders of a Schengen visa for short-term stays (category C) cannot be issued a Fiktionsbescheinigung.
- Holders of Transit visa cannot be issued a Fiktionsbescheinigung.