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Fiction certificate
Most residence rights only have a limited validity. Therefore, the holders of residence permits must take care of the issue of a subsequent residence permit in good time. Due to lengthy application procedures or late application, the new residence permit is often not issued in time. A so-called fictional certificate can be applied for for the period between the original right of residence and the issue of a new residence permit. Below you can find out what the requirements for such a fictional certificate are, how you can apply for one and what effects it has.
The most important facts in a nutshell:
- A fictional certificate can be issued for the period between the expiration of a right of residence and the issue of a new residence permit
- With the fictional certificate, you can stay in Germany until the final decision on the residence permit you have applied for is made
- Make sure to apply for your new residence permit in good time; a fictional certificate cannot always be issued in the event of a late application
What is a fictional certificate?
A fictional certificate is intended to ensure that foreigners can legally reside in Germany while their application for a residence permit is being processed. For example, if an existing residence permit expires, the foreigner's stay in Germany would be illegal until a new residence permit is issued. A fictional certificate should therefore be used to bridge the period until the final decision on the residence permit is made. However, this does not apply to short-term residence permits such as the Schengen visa or transit visa.
In which constellations can a fictional certificate be obtained?
Essentially, a fictional certificate can be issued in the following cases:
continued validity fiction:
Existing residence permit expires Most residence permits are issued for a limited period. Before the residence permit expires, you should therefore apply for a new residence permit to be issued. Often, however, the applications are not processed in time by the authority. A fictional certificate can then be issued to bridge the period between the validity of the old and the new residence permit.
permission fiction:
Applying for a residence permit for the first time A fictional certificate can also be considered when applying for a residence permit for the first time. This applies in particular to foreigners who enter Germany from countries that do not require a visa. As a rule, they can then stay in Germany for up to 90 days without a residence permit.
If you apply for a residence permit during this period, you may stay in the Federal Republic until a decision has been made on the application – i.e. for more than 90 days.
toleration fiction:
Late application A fictional certificate can also be issued in cases where the application for a residence permit was submitted late.
However, this only applies if the foreigner has legally resided in Germany without a residence permit.
For example, if a foreigner enters the country from a foreign country that does not require a visa and only applies for a residence permit after 90 days have elapsed. However, this case differs from the rest:
In the case of a late application, the foreigner is only identified as a tolerated person by means of the fictional certificate. This means that his stay in the meantime remains unjustified, only deportation is being refrained from. Please note, however, that the fiction of toleration can only be considered if you have been in Germany lawfully without a residence permit. If you have previously resided in Germany with a residence permit, a fictional certificate will only be issued in exceptional cases to avoid undue hardship.
How does the fictional certificate work?
The fictional certificate allows the foreigner to stay until the decision on the residence permit applied for has been made. In the case of a fictional certificate due to a late application, the foreigner is only equated with a tolerated person: This means that his stay is illegal, but deportation is refrained from until a decision has been made on the residence permit he has applied for. In the case of the fiction of continued validity - i.e. if a foreigner already had a residence permit - the foreigner will be treated as if the previous residence permit would continue to exist until a decision is made on his new residence permit.
This means that the foreigner can also pursue gainful employment with his fictional certificate or may travel within the Schengen area as long as this was also permitted under his previous residence permit.
How do I get a fiction certificate?
In order to receive a fictional certificate, you must submit an application to the immigration office responsible for you. This is usually located at the city or district administration at your place of residence. As a rule, you must present your passport or passport substitute and, if applicable, your residence permit or your registration certificate and visit the authorities in person. In any case, you should make sure that you submit your application early enough – i.e. while you are still legally resident in the Federal Republic.
How much does a fictional certificate cost?
A fee of €13.00 is charged for the application. Minors have to pay €6.00. In some exceptional cases, the fictional certificate is issued free of charge, for example for Turkish nationals.
What happens to the fictional certificate after the decision on the residence permit has been made?
If your application for a residence permit is granted, it will apply instead of the fictional certificate. If the residence permit you have applied for has been rejected, you must leave the Federal Republic of Germany. Your fictional certificate will then be confiscated and you will generally receive a request to leave Germany within a month. In such a case, it is worth checking with a lawyer. He can assess whether it makes sense to take action against the rejection.
Short & sweet
The fictional certificate serves to bridge the time between the expiry of your previous right of residence and the issuing of a new residence permit. Because the examination of the application by the immigration authorities often takes some time. You must submit your application for a new residence permit in good time, i.e. while you are still legally resident in Germany. If you were in possession of a residence permit, you will be treated with the help of the fictional certificate as if it is still valid until the decision on your application is made. In the case of a late application – i.e. after your right of residence has expired – a fictional certificate can only be considered if you initially resided in Germany lawfully without a residence permit – for example as part of an entry from a foreign country that does not require a visa. However, the fictional certificate then only has the effect of a toleration. It is therefore strongly advisable to apply for a new residence permit in good time.