To stay in Germany longer than 90 days in a 180 period, you will need a residence permit. Qualifying for a residence permit will depend, among other things, on the type of visa you applied for. Your long-stay visa allows you to travel to Germany. Within two weeks after arrival in Germany, you need to register at your local town office and Immigration authority. See Registering at the local town office. You will receive a Meldebestätigung (Certificate of registration at the main residence)
After registering at the relevant immigration authority (Ausländerbehorde), you will be issued a Residence permit.
Fiktionsbescheinigung
Due to circumstances, it can take longer than expected to receive your residence permit card. The current process is that the Ausländerbehorde send your papers to the Staatsdrükerei in Berlin, who has to print your Residence card. This is then sent back to the Ausländerbehorde and they will contact you to come pick it up.
A single entry for example, will mean you are not permitted to travel back to Germany unless otherwise indicated.
A fictional certificate cannot be issued to holders of a Schengen visa for short-term residence (Category C).
There are currently 3 variations of a Fiktionsbescheinigung
The rules applicable to you will be marked clearly on your Fiktionsbescheinigung
Variation 1: § 81 Abs. 4 AufenthG
The Fortgeltungsfiktion applies to foreign nationals who already hold a valid residence permit and are either waiting for their residence card, have applied for an extension of their current residence title, or have applied for a different residence title before their existing one expires.
As long as the application was submitted on time, the previous residence permit remains valid with all its associated rights and obligations until a decision is made on the application.
A certificate issued under § 81 (4) of the Residence Act (AufenthG) also entitles the holder to travel. Departure and re-entry are permitted. Nevertheless, it is advisable to consult with the relevant embassy in the destination country to ensure that entry and exit with a Fiktionsbescheinigung will be accepted without issues, and to check if any additional documents may be required.
This does not apply to visas issued in accordance with section 6 (1). If the application to issue or extend a residence title was filed too late, the foreigner’s authority may order that the previous residence title remains valid in order to avoid undue hardship. – Gesetze im Internet
From Service Berlin
“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 you entered Germany on a National Visa (Category D) Abs. 4 will apply to you.
- This means - With a valid passport and a Fiktionsbescheinigung, you can travel from and to Germany. It must of course be within the validity dates of the Fiktionsbescheinigung
Variation 2: § 81 Abs. 3 Satz 1 AufenthG
The Erlaubnisfiktion under § 81 (3) sentence 1 of the Residence Act (AufenthG) applies to certain nationals who do not need a visa for short stays. If these individuals apply for a residence title in Germany for the first time, their stay is considered legal until a decision is made by the immigration authorities. It is crucial that the application for the residence title is submitted before their current legal stay expires. However, traveling is not permitted with an Erlaubnisfiktion under § 81 (3) sentence 1 of the Residence Act. If theapplication is filed too late, deportation is deemed to be suspended from the time of application up to the time of the decision by the foreigners authority. – Gesetze im Internet
From Service Berlin
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.
- This means you are allowed to travel from Germany but not back without a valid visa
Variation 3: § 81 Abs. 3 Satz 2AufenthG
The Duldungsfiktion also applies to certain nationals. It is required that the foreign national does not already hold a residence title. In cases of Duldungsfiktion, the application was not submitted on time. In such cases, the stay is not considered legal, but deportation is temporarily suspended. Therefore, the late applicant is granted a form of “fictitious toleration” (Duldung).
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This means you are allowed to travel from Germany but not back without a valid visa
Types of Residence permits
Temporary Residence
Temporary Residence A Visa allows you to enter Germany, but your stay is limited to no more than 90 days in a 180-day cycle.If you
Permanent Residence
Permanent residence in Germany is called a Niederlassungserlaubnis and may be granted in the form of a Settlement permit or Permanent EC residence permit. Very important!! The
Legal basis
Section 81 Aufenhaltsgesetz – AufenthG (Act on Residence, Economic Activity and Integration of Foreigners in the Federal Territory)
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