A fictional certificate is issued when it is not yet possible to decide on an application for a residence permit, e.g. because
- documents are missing or the foreigner's file is not available,
- an electronically applied for residence permit (eRP) cannot be issued prior to expiry of the currently valid residence permit or
- the outcome of punishable offence proceedings is still outstanding.
A fictional certificate may only be issued when residence is still lawful at the time of applying for the issue or renewal of a residence permit.
If a currently valid residence permit (temporary residence permit or national visa for long-term durations - Category D - ) is available, a fictional certificate according to § 81 Section 4 of the Residence Act will be issued.
In this case, the residence permit and all supplementary regulations (also regarding the stipulations concerning gainful employment) remain in force until a decision has been made in relation to the application. Journeys abroad and re-entry into the area of the Republic are possible with a valid fictional certificate in accordance with § 81 Section 4 of the Residence Act.
If the male or female applicant is lawfully resident without a visa in the Federal Republic, because he or she is entitled to be by virtue of his/her nationality, the fictional certificate will be issued in accordance with § 81 Section 3 of the Residence Act.
This permits residence in the area of the Federal Republic until a decision has been made regarding the application. This fictional certification, however, does not permit re-entry into the territory of the Federal Republic. It also does not permit the commencement of gainful employment.
A fictional certificate cannot be issued to holders of a Schengen visa for short-term residence (Category C).
Lawful residence with and without residence permit
At the time of submitting the application, the male or female applicant must either
- be in possession of a valid residence permit (temporary residence permit or national visa for long-term durations - Category D - ) or
- be lawfully entitled to residence without a visa in the territory of the Federal Republic, because he or she is thus authorised by virtue of his/her nationality.
Application for Issuance of a Residence Permit
A fictional certificate will be issued only when an application has been submitted for the issue or renewal of a residence permit and at the time of presentation no decision can be made regarding the application. Therefore, the prior submission of an application for a residence permit is necessary so that a fictional certificate may be issued.
Main residence in Berlin
A personal interview is required
Valid passport or passport substitute
A fictional certificate is always only valid in conjunction with a valid passport or substitute passport.
Previous residence permit
If available, the previous residence permit shall be presented, e.g. the electronic residence permit (eRP).
Proof of main residence in Berlin
- Certificate of registration at the main residence or
- lease and written confirmation of occupancy from the landlord
- For adults: 13.00 euros
- For minors: 6.50 euros
Free of charge for:
- Turkish citizens
- Foreigners recognised as being entitled to asylum
- Foreigners with a granted refugee status within the meaning of Section 3 (1) of the Asylum Act
- Foreigners with a granted subsidiary protection status within the meaning of Section 4 (1) of the Asylum Act
- Resettlement refugees within the meaning of Section 23 (4) of the Act on the Residence
- Foreigners who receive a scholarship from public funds for their stay
- when presenting a current proof of receiving benefits according to SGB II or XII or the Asylum Seekers Benefits Act
Average time to process request
The fictional certificate will be issued after the personal interview.
Landesamt für Einwanderung (LEA)