Fiktionsbescheinigung (Fictional Certificate)
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).