- 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.
- Valid passport or passport substitute
A fiction certificate is only ever valid in conjunction with a valid passport or passport substitute.
- Previous residence permit
If available, the previous residence permit must be brought with you, e.g. the electronic residence permit (eAT).
- Registration confirmation
- Legal residence with or without a residence permit
At the time of the application, the applicant must either:
- have a valid residence permit (residence permit or national visa for long-term stays - category D -) or
- are allowed to reside legally in the federal territory without a visa because their nationality entitles them to do so.
A fiction certificate cannot be issued for holders of a Schengen visa for short-term stays (category C).
- Application for a residence permit
A fiction certificate will only be issued if an application is made for the issuance or extension of a residence permit and a decision on the application cannot be made at the time of the interview. An application for a residence permit must therefore be submitted so that a fictional certificate can be issued.
- Main residence in Hamburg
- Personal interview is required
Central Immigration Office - Hamburg
Federal Ministry of the Interior and Homeland - sample photo board (external link)
eAT - electronic residence permit
Central residents' office - information on immigration law
Residence / settlement - applications (multilingual)
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