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Fictitious certificate
Information on the fictitious certificate (meaning, travel, work and application)
... what a fictitious certificate is and what legal significance the fictitious certificate has
... who receives a fictitious certificate
... whether you are allowed to travel and work with the different fiction certificates (explanation with picture)
... how to apply for and extend a fiction certificate
... how to obtain a fiction certificate from the State Office for Immigration (LEA) in Berlin
HERE YOU LEARN ...
1. Fiictitious certificate for foreigners
1.1 What is a fictitious certificate/legal significance of a fictitious certificate?
1.2 Who receives a fictitious certificate?
1.3 What does a fiction certificate look like?
1.4 Difference between a fiction certificate and other residence documents
2. Travel with a fiction certificate (Sec. 81 (4) AufenthG)
2.1 Can you travel with a fiction certificate?
2.2 Traveling with a fictitious certificate pursuant to Sec. 81 (3) Sentence 1 AufenthG (declaration with picture)
2.3 Traveling with a fictitious certificate in accordance with Section 81 (4) AufenthG (declaration with picture)
3. May I work with a fictitious certificate? (explanation with picture)
4. Applying for a fictitious certificate
4.1 How do I apply for a fiction certificate?
4.2 Applying for a fiction certificate at the State Office for Immigration (LEA) in Berlin
4.3 Extending a fiction certificate
Table of content
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1. Fiictitious certificate for foreigners
1.1 What is a fictional certificate?
The "Fiktionsbescheinigung" (temporary permit/certificate or "fictional visa/certificate") is a document for foreigners that is issued by the foreigners authority. If you have a fictional certificate, you are legally allowed to stay in Germany.
What is the legal significance of a fictional certificate?
The fictitious certificate initially means that residence in Germany is permitted even though the foreigner does not currently have a valid residence permit (e.g. because the residence permit or visa has expired). The foreigner's stay with a fictitious certificate is therefore "fictitiously" permitted. In other words, the foreigner's stay is not actually permitted due to an expired visa or residence permit, but the fictitious certificate "fictitiously" pretends that the foreigner has a valid residence title. The residence permit is therefore effectively extended for the duration of the fictitious effect.
There are the following types of fictitious certificate:
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Fictitious certificate for visa-free residence (Section 81 (3) AufenthG)
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Fictitious certificate for expired residence permits (Sec. 81 (4) AufenthG)
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Fictitious certificate for working without a work permit (Sec. 81 (5a) AufenthG)
Each of these types of fictitious certificate has different requirements and legal consequences.
Difference between a fictitious certificate and other residence documents
The fictitious certificate is often confused with other residence documents. Here you can find out what the difference is between a fiction certificate and other documents from the immigration authority:
1.2 Who receives a fictitious certificate?
A fictitious certificate can be applied for or issued in different situations. However, the following requirements must be met for all variants of the fictitious certificate:
1. The current stay in Germany is legal (e.g. on the basis of a residence permit or visa exemption) and
2. a residence title or the extension of a residence title is applied for during the legal stay.
In short: You must therefore apply for a new residence permit or an extension of your residence permit while your residence permit or visa is still valid. If you apply for a new residence permit in good time, the "fictional effect" will apply (Sec. 81 (3) and (4) AufenthG). If this fictitious effect has occurred, the immigration authority must issue a fictitious effect certificate (Sec. 81 (4) AufenthG). In certain exceptional cases, a fictitious certificate can be applied for even after the residence title has expired.
1.3 What does a fictitious certificate look like? (Sample fictional certificate in accordance with the Residence Ordinance)
The image below shows a sample fictitious certificate in accordance with the Residence Ordinance (official form):
2. Travel with a fictitious certificate (Section 81 (4) AufenthG)
Many people wonder whether they can travel with a fictitious certificate. The (unfortunately not so simple) answer is given below.
2.1 Can you travel with a fiction certificate?
The answer to the question of whether you can travel with a fiction certificate depends on the type of fiction certificate you have. You must also differentiate between exit and entry. While it is possible to leave the country with a fictional certificate without any problems with all fictional certificates, you can only re-enter Germany with a fictional certificate in accordance with Section 81 (4) AufenthG.
2.2 Travel with a fictitious certificate in accordance with Section 81 (3) sentence 1 AufenthG (declaration with picture)
The main difference between the fictitious certificates is whether you currently have a residence permit or not. If you are in Germany without a residence permit (e.g. due to the visa exemption for certain nationalities) and then receive a fictitious certificate, you are not allowed to travel with the fictitious certificate (Sec. 81 (3) Sentence 1 AufenthG). If you leave Germany, you must therefore wait until you are allowed to enter the country again for 90 days within 180 days.
In the picture below you can see a fiction certificate with which you are not allowed to travel:
20:00 Uhr
TÄGL.
2.3 Travel with a fictitious certificate in accordance with § 81 Para. 4 AufenthG (declaration with picture)
If you already had another residence title (e.g. visa or residence permit) when you applied for a residence title, you will be issued a fictitious certificate in accordance with Section 81 (4) AufenthG. This fictitious certificate confirms that your stay in Germany is still legal and that the previous residence title is still "fictitiously" valid. Your residence is therefore still valid (until the immigration authority has decided on your application). As your residence title is still valid, you may continue to travel with your residence title. With the fictitious certificate in accordance with § 81 Para. 4 AufenthG, you may therefore travel within and outside Europe.
In the picture below you can see a fictitious certificate with which you are allowed to travel:
20:00 Uhr
TÄGL.
3. May I work with a fictitious certificate? (Explanation with picture)
Whether you are allowed to work with a fictitious certificate depends on whether or not you were allowed to work before applying for your residence permit. The fictitious certificate "fictitiously" extends the previous residence permit. If you were not allowed to work before applying for a residence permit (e.g. as a visa-free national), you are also not allowed to work with the fictitious certificate (§ 81 Para. 3 Residence Act). However, if you were already allowed to work before applying for a new residence permit (e.g. because you entered the country with a work visa or because you have an EU Blue Card), you may also work with the fictitious certificate (Sec. 81 (4) AufenthG).
Whether you are allowed to work or be gainfully employed with the fictional certificate is always stated in the fictional certificate. In this respect, it is written down in the fiction certificate under the item "ancillary provisions" whether working is permitted (see picture).
If "Gainful employment permitted" is entered in the area marked red in the image, you are permitted to do any work (including self-employment). If "Employment permitted" is entered in the red circle in the image, you may work but not be self-employed. If "Employment/gainful employment not permitted" is entered under ancillary provisions, you are not permitted to work with the fictitious certificate.
4. Apply for a fictitious certificate
4.1 How do I apply for a fiction certificate?
Many people ask themselves how they can apply for a fiction certificate. Although the question is justified, it is fundamentally wrong. In order to obtain a fictitious certificate (for the first time), you do not have to apply for the fictitious certificate, but for the residence permit itself. The fictitious certificate certifies that you have applied for a residence permit.
In principle, the immigration authority must actually issue the fictitious certificate itself (or ex officio) after the application for a residence permit has been submitted (Sec. 81 (5) AufenthG). In practice, however, this usually does not happen as the immigration authorities are massively overloaded. The fictitious certificate must then be applied for separately.
4.2 Applying for a fiction certificate in Berlin
In Berlin, the fiction certificate can be applied for at the State Office for Immigration (LEA) using the online form. Once you have identified your responsible department at the State Office for Immigration (LEA) (e.g. for the EU Blue Card), you can select the sub-category "Fiction certificate - issued following an application (if departments B1 - B3 are responsible)" in the contact form. The data will then be automatically transmitted to the State Immigration Office (LEA) and your case officer should then issue a fictitious certificate or set a date for issuing the fictitious certificate.
Unfortunately, the Landesamt für Einwanderung (LEA) in Berlin is extremely overloaded. It is therefore very difficult to obtain a fiction certificate in Berlin. If in doubt, you can instruct a lawyer specializing in immigration law to apply for the fiction certificate. In case of doubt, they can issue you with a lawyer's letter confirming that you have applied for a residence permit and that your stay in Germany is therefore "fictitiously" permitted. Theoretically, you can also take legal action before the Berlin Administrative Court (VG Berlin) to obtain a fictitious certificate (see, for example, VG Berlin, decision of 07.02.2012 - VG 15 L 3.12). However, this can result in comparably high costs.
4.3 Extending a fictitious certificate
If your fictitious certificate has expired, it must be extended. Contrary to popular belief, however, your residence does not become illegal when the fictional certificate expires. In this respect, the fictional effect occurs independently of the issue of the fictional certificate. The issue of the fiction certificate only has a "declaratory effect". The fiction certificate therefore does not permit residence (constitutive effect), but only certifies that residence is permitted (declaratory effect).
