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Fiktionsbescheinigung Germany: Stay Legal While Your Permit Processes

2026-06-20

Learn what a Fiktionsbescheinigung is, when the Ausländerbehörde issues it, and your rights to work and travel while your German residence permit processes.

Fiktionsbescheinigung: Stay Legal While Your Permit Processes

Waiting for your German residence permit can feel nerve-wracking, especially when your current visa is about to expire and you have no appointment in sight. The good news is that Germany has a legal safety net called the Fiktionsbescheinigung, a provisional certificate that keeps your stay lawful while the Ausländerbehörde processes your application. This guide explains exactly what it is, when you get one, what you can and cannot do with it, and how to request it before your deadline passes.

What Is a Fiktionsbescheinigung?

A Fiktionsbescheinigung is a provisional residence certificate issued by the Ausländerbehörde (foreigners' authority) when you have applied for a residence permit but a decision has not yet been made. The word comes from "Fiktion" (fiction) because your previous residence status is legally treated as if it continues until the authority rules on your case.

In practice, it bridges the gap between the expiry of your old permit or visa and the issuance of your new one. Without it, you would technically be in Germany illegally once your old title runs out—even if the delay is entirely the authority's fault.

The certificate is governed by §81 of the Aufenthaltsgesetz (Residence Act). It comes as a paper or card-style document, usually valid for three to six months, and can be extended if processing takes longer.

Three legal effects of §81

The exact wording on your certificate matters, because it determines your rights:

• §81 Abs. 3 Satz 1 – your previous stay (without a permit, e.g. visa-free entry) is considered continued.
• §81 Abs. 4 Satz 1 – your existing residence permit is considered to continue until the decision.
• §81 Abs. 3 Satz 2 / Abs. 4 Satz 2 – your stay is merely tolerated; usually no work allowed.

Always read which paragraph is ticked, as it directly affects whether you may work and travel.

When Does the Ausländerbehörde Issue One?

The Ausländerbehörde issues a Fiktionsbescheinigung in several common situations. You typically receive it when:

• You applied to extend your existing residence permit before it expired, but the authority cannot decide before the expiry date.
• You switched permit types, for example from a student permit to an EU Blue Card or a job-seeker visa to a work permit.
• You entered with a national visa (D-Visa) and applied for your first residence permit, but the appointment or decision is delayed.
• You are awaiting a decision on family reunification or a change in your purpose of stay.

The crucial point is timing: you must have submitted a complete application before your current title expires. If you let your visa lapse without applying, you generally lose the right to the protective Fiktion under §81 Abs. 4, and your situation becomes far more complicated.

In big cities like Berlin, Munich, and Hamburg, where the Ausländerbehörde is notoriously overwhelmed, the Fiktionsbescheinigung has become almost routine. Berlin's Landesamt für Einwanderung (LEA), for instance, issues thousands of them because appointment backlogs can stretch for months.

Your Right to Work on a Fiktionsbescheinigung

Whether you can work depends on what is printed on the certificate. This is the single most important detail to check.

Look for the employment note

Your Fiktionsbescheinigung will contain a line about employment, typically one of:

• "Erwerbstätigkeit gestattet" – any employment and self-employment permitted.
• "Beschäftigung gestattet" – employed work permitted.
• "Erwerbstätigkeit nicht gestattet" – work not permitted.

If you held a permit that allowed work (such as a Blue Card or skilled-worker permit) and you applied to extend it, the certificate under §81 Abs. 4 will usually allow you to keep working under the same conditions. This means you can continue your job without interruption while you wait.

When work may be restricted

If your stay is only tolerated (§81 Abs. 3 Satz 2), or you switched from a status that did not permit work, the certificate may say work is not allowed. In that case, working would be illegal and could jeopardise your application. If you believe you should be allowed to work, contact the Ausländerbehörde in writing and ask them to add the employment note, ideally with support from your employer or a lawyer.

Show the document to your HR department so payroll and your employment status stay clean.

Travel Rights: Can You Leave Germany?

A Fiktionsbescheinigung is not a residence permit and not a visa, so travel is the area where people get caught out most often.

Travelling within the Schengen area

Travel on a Fiktionsbescheinigung alone is risky. The certificate is a German national document and is not generally recognised by other Schengen countries as a valid travel title. Border officials in France, Italy, or Spain may not accept it.

To travel within Schengen reasonably safely, you usually need:

• Your valid passport, and
• A still-valid Schengen-relevant visa or residence permit, or the Fiktionsbescheinigung together with the expired permit it replaces (acceptance is not guaranteed).

Re-entering Germany

Returning to Germany is generally less of a problem than entering other Schengen states, because German border authorities recognise their own document. Still, if you leave and your old visa has expired, re-entry can be refused, leaving you stranded abroad while your application sits in Germany.

Practical advice: before booking any international trip, email your Ausländerbehörde and ask explicitly whether your specific Fiktionsbescheinigung allows re-entry. Many caseworkers will confirm in writing. If you must travel and the situation is unclear, consider postponing until you have the actual permit.

How to Request a Fiktionsbescheinigung Before Your Permit Expires

The key principle is to act early. Most foreigners' authorities recommend starting the extension process six to eight weeks before your permit expires.

Step-by-step

1. Book an appointment early. Use your city's portal—for example, Berlin's service.berlin.de, Munich's stadt.muenchen.de, or the appointment systems of the local Ausländerbehörde. Appointments fill up fast.
2. Submit your extension application before expiry. If no appointment is available in time, send your application by post or email and keep proof of the date. This act of applying before expiry is what triggers your right to the Fiktion under §81 Abs. 4.
3. Request the certificate explicitly. Ask in writing: "Bitte stellen Sie mir eine Fiktionsbescheinigung aus." If you have a job or upcoming travel, mention it.
4. Attend the appointment with all documents. Bring everything so the authority can decide quickly or, if not, issue the certificate on the spot.

Documents to bring

• Valid passport
• Current (or expired) residence permit or eAT card
• Completed application form for your permit type
• Biometric passport photo
• Anmeldung (registration) confirmation from the Bürgeramt
• Proof of income, employment contract, or enrolment certificate
• Health insurance proof
• Sperrkonto or other proof of funds, if relevant to your permit type

Costs

• A Fiktionsbescheinigung typically costs €13.
• The underlying residence permit, once issued, usually costs €100 (first issue) or €96 (extension); reduced fees apply for some categories.

Bring the fee in cash or an EC card, as many offices do not accept credit cards.

Common Mistakes to Avoid

Even careful applicants stumble on the same issues. Watch out for these:

• Applying after your permit expires. Once your title lapses without an application on file, you may not qualify for the protective §81 Abs. 4 Fiktion. Always apply early.
• Assuming the certificate is a residence permit. It is provisional only. Do not treat it as a permanent legal title or use it for long-term commitments like applying for citizenship counting.
• Travelling abroad without checking. Many people get stuck outside Germany or fined at borders. Confirm travel rights in writing first.
• Ignoring the employment note. Working when the certificate says "nicht gestattet" can damage your application and lead to penalties.
• Letting the certificate expire. A Fiktionsbescheinigung has its own validity date. If the authority is still processing, request an extension before it runs out.
• Not keeping proof of your application date. If you applied by email or post, save the timestamped confirmation; it is your evidence that you applied on time.

Conclusion

A Fiktionsbescheinigung is your legal lifeline when bureaucracy moves slower than your deadlines. As long as you apply for your residence permit before your current title expires, you stay lawful, you usually keep your right to work, and you avoid the panic of an expired visa. Just remember to check the §81 paragraph and the employment note, and to confirm travel rights before leaving the country.

If you are unsure which documents your case needs or how to phrase your request to the Ausländerbehörde, explore our other GoGermany guides on visas and permits—we break down each step so you can stay focused on building your life in Germany.

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