Answer:
“Dear reader,
we don’t approve the way the foreigners’ authority treated you and your wife. Maybe you should take a German citizen with you on your next visit. Sometimes the authorities react a bit more friendly then.
Your wife lost her papers and you reported it immediately to the foreigners’ authority. That was right and very good. Now, of course, new papers have to be obtained and that takes some time. Has your wife already received a new passport? Without a valid passport, she cannot leave Germany – regardless of whether she has a residence title or a fictional certificate.
If she still has a valid residence title, a fictional certificate will be issued in accordance with Section 81(4) of the Residence Act (AufenthG). The continued existence of the previous residence title is fictitiously assumed. The residence title continues to be valid with all ancillary provisions (also regarding the provisions on gainful employment).
In principle, your wife should have a claim to the issuance of a fictional certificate according to Section 81(4) of the Residence Act. You should ask why the foreigners’ authority declined to issue such a fictional certificate. Then you should go to a counseling center that can represent you in your meeting with the foreign authority.
Traveling abroad and re-entring German territory is possible with a valid fictional certificate in accordance with § 81(4) of the Residence Act. In addition, however, a valid passport is required!
So, a trip to Turkey would be possible with a fictitious certificate according to § 81(4) of the Residence Act (please check carefully whether subsection 4 is mentioned in the fictional certificate), but your wife also needs her valid passport. In some countries you also need a visa – please stay informed whether you need one for Turkey (it is not part of the Schengen treaty!).
Good luck!”
This article has been published in German.
