Fiction certificates

A fiction certificate is issued if a decision cannot yet be made about an application for a residence permit, e.g. B. because

• Documents are missing or the foreigner file is not available,
• an ordered electronic residence permit (eAT) cannot be issued before the previous residence permit has expired or
• the outcome of criminal proceedings must be awaited.

A fiction certificate can only be issued if the stay is still legal at the time of the application for the issue or extension of a residence permit.

If you have a valid residence permit (residence permit or national visa for long-term stays - category D), a certificate of fiction will be issued in accordance with Section 81 (4) of the Residence Act.
The residence permit continues to apply with all ancillary provisions (also with regard to dispositions on employment) until a decision has been made on the application. Travel abroad and re-entry into the federal territory are possible with a valid fiction certificate in accordance with Section 81 (4) of the Residence Act .
A re-entry into Germany is only possible if the fiction certificate is still valid and the 3rd field "The residence title as continuing (§ 81 Paragraph 4 AufenthG)" is ticked.
A valid travel document must be carried with you.

If you are coming to Germany with the citizenship of the USA, Canada, New Zealand, Australia, the Republic of Korea, Israel, Japan or the United Kingdom of Great Britain and Northern Ireland for a long-term stay, your citizenship entitles you to stay legally in the Federal Republic of Germany without a visa.
An electronic residence permit (eAT) must be applied for within 90 days.
Until a decision has been made on your first application, the fiction certificate will be issued in accordance with Section 81 (3) of the Residence Act. You are thus allowed to stay in Germany.
However, this fictional certificate does not entitle you to re-entry into the federal territory.
They are not allowed to take up employment.