Dear reader, a fictional certificate is issued if a decision on an application for a residence title cannot yet be made, e.g. because:
- documents are missing or the foreigner's file is not available,
- an ordered electronic residence title cannot be issued before the expiry of the previous residence title, or
- the outcome of criminal proceedings has to be awaited.
If there is still a valid residence title, a fictional certificate is issued in accordance with Section 81 (4) of the German Residence Act. The previous residence title is deemed to remain in force. I assume that this is the case with you. Furthermore, you need to apply for a settlement permit before your residence title expires.
The residence title continues to be valid with all ancillary provisions (including the provisions regarding gainful employment) until a decision has been made on your application.
Travelling abroad and re-entering into the territory of the Federal Republic of Germany is possible with a valid fictional certificate pursuant to Section 81 (4) of the Residence Act
In contrast to a certificate issued in accordance with Section 81 (3) of the Residence Act, the fictional certificate issued in accordance with Section 81 (4) of the Residence Act entitles the holder to enter the territory of the Federal Republic of Germany in connection with a recognized and valid passport or passport substitute and to travel within the Schengen area in accordance with Article 21 of the Convention on the implementation of the Schengen Convention.
In addition to the use of the prescribed official form, it is a prerequisite that the third checkbox on page 3 of the form is ticked. Entry and exit stamps must be affixed to the passport or passport replacement, but not to the fictional certificate.
You should check whether the foreigners’ authority has issued the fictional certificate by mistake in accordance with Section 81 (3) of the Residence Act and has quoted it as such. Then it would not be possible to travel abroad. Often it says on the carrier form “does not allow travelling abroad” (“gilt nicht für Auslandsreisen”). Then the fictional certificate should be corrected.
I don't know where you want to travel to. You may need a visa for the country you want to visit. In any case, you need a valid travel document (national passport, blue refugee passport in accordance with the Geneva Refugee Convention or a gray passport replacement) in addition to the fictional certificate pursuant to § 81 (4) of the German Residence Act.
Here is the relevant statute of the Residence Act again:
Section 81 Applying for the residence title (1) In the absence of any provisions to the contrary, a residence title is issued to a foreigner only upon application by said foreigner.
(2) A residence title which may be obtained after entering the federal territory in accordance with the statutory instrument under section 99 (1) no. 2 must be applied for immediately after entry or within the period stipulated in the statutory instrument. The application for a child born in the federal territory who is not to be granted a residence title ex officio is to be filed within six months of birth.
(3) If a foreigner who is legally resident in the federal territory and does not possess a residence title applies for a residence title, his or her residence is deemed to be permitted up to the time of the decision by the foreigners' authority. If the application 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.
(4) If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigners' authority. 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 foreigners' authority may order that the previous residence title remains valid in order to avoid undue hardship.
(5) The foreigner is to be issued with a certificate confirming the effect of the application (provisional residence document).
(6) If the application for a temporary residence permit allowing the subsequent immigration of dependants wishing to join the holder of an ICT Card or a Mobile ICT Card is filed at the same time as the application for an ICT Card or a Mobile ICT Card, the application for the temporary residence permit allowing the subsequent immigration of dependants is decided upon at the same time as the application for an ICT Card or Mobile ICT Card.
Have a nice vacation!
This article was first published in German:
https://www.kohero-magazin.de/frage-und-antwort-reisen-mit-fiktionsbescheinigung/