Explanation of the term fictitious certificate
In order to understand the basis for a Naturalization with a fictitious certificate, you need to understand what exactly this document says and what the aims and purposes of the form are. This also makes it clear why a fictitious certificate is not necessarily a bad thing.
Definition of fictitious certificate
The fictitious certificate is a document issued by the authorities. The fictitious certificate is proof of a foreigner's provisional right of residence. The decisive factor is that an application for the extension of a residence permit has previously been submitted or that an application for the granting of a right of residence has been submitted. The fictitious certificate confirms that your application has been submitted to the authorities and is being examined.
Objective of the fictitious certificate
The purpose of the fictitious certificate is to function as an identity document or verification document. The fictitious certificate makes it clear that you have submitted an application for a Residence permit or that you can extend a Residence permit .
It is important that the authority confirms with this certificate that your application is being processed. So that you can identify yourself with a German document in addition to your national passport, you will receive a document for the period of the application for the residence permit/application for extension of the residence permit.
Naturalization with fiction certificate?
Reasons for the fictitious certificate
There are various reasons why you may receive a fictitious certificate. These reasons do not have to be your fault, they can also be mistakes by the authorities or simply personnel difficulties within an authority. The various types of fictitious certificate are set out in Section 81 AufenthG.
Overloading the Foreigners' office
Our experience from years of working at Immigration law is that the immigration authorities can simply be overloaded. So many applications are submitted that the authority staff simply cannot keep up with the processing.
So if you have a Residence permit and it needs to be extended, you may receive a fictitious certificate because the authorities need time to process your application. In addition, there can always be capacity problems due to staff shortages.
Extending a residence permit is a time-consuming process. The residence permit must also be issued at the Federal Printing Office, where the ID card for the Residence permit is then printed. The fictitious certificate therefore serves as an identification document for you. You can also use this document to submit applications.
This step with the document as a replacement for the Residence permit is referred to as a fiction of continued validity. Your Residence permit therefore theoretically continues to be valid as the process of extending the residence permit is ongoing.
No valid national passport
Another reason why fictitious certificates are issued is the lack of documents. Time and again, we are informed that a valid national passport is missing. The applicant's missing national passport means that the Residence permit cannot be extended.
It is then necessary to check whether the embassy of the country of origin even allows the national passport to be issued and renewed. If this is not the case, you will need an alternative document for identification. An accepted alternative document can be a birth certificate, marriage certificate or driving license.
In this case, it is very important that you do everything you can to get your Residence permit back. If it becomes apparent that you are stuck in the fictitious certificate due to your own inactivity, your residence periods may start from 0 again. This will also extend the period until you can apply for a Naturalization .
There has never been a Residence permit
If you did not previously have a Residence permit and now apply for a Residence permit , you will receive a fictitious certificate as proof that you have submitted the application for the period during which the application is being processed. This means that you have a kind of replacement document in the form of the fictitious certificate until a decision is made on your application.
This document is called a permit fiction. Residence in Germany is considered permitted until the residence permit is issued and you have more rights than a person with Tolerance permit whose stay in Germany is only tolerated.
You must try to get the Residence permit back
It is extremely important that you present the documents correctly and do not make any mistakes when applying for an Residence permit or an extension of a residence permit. It can happen that you have had a legal Residence permit for 8 or 9 years and the Naturalization was not applied for. Now documents are missing and you end up with a fictitious certificate.
In this case, you must try everything to get your Residence permit back. It is important that you prove that you did not end up in the fictitious certificate due to your own mistakes and fault. If you get stuck in the fictitious certificate, it can legally happen that the period of residence starts from 0 again and the periods are not taken into account. It is therefore all the more important to avoid such situations and not to forget the date when extending or applying. Otherwise it can be extremely annoying.
German passport with fictitious certificate
You cannot access Naturalization directly from the fictitious certificate. However, it is possible to submit an application for Naturalization from a fictitious certificate. The route from the fictitious certificate to Naturalization must therefore take a detour. There are various requirements for these detours.
Conditions and procedure of the naturalization process
The most important condition for the naturalization procedure is that you get out of the fictitious certificate and a decision has been made on Residence permit . You can also submit a fully substantiated application to Naturalization with a fictitious certificate.
This means that all documents, including the completed and signed application for Naturalization , must be submitted to the responsible Foreigners' office . As soon as a positive decision has been made regarding the extension of the residence permit or the Residence permit and the requirements have all been met, the Naturalization will work and you will receive your German passport.
Conditions for the Naturalization
The condition for Naturalization with a fictitious certificate is that you have a legal entitlement to Naturalization with the Residence permit on which the decision is made. It is also important that you can prove that you have been resident for at least 8 years and, with exceptions, 7, 6 and 3 years.
In addition, there is a signed declaration of loyalty, proof of identity, proof of language proficiency, a successful naturalization test and proof that you and your family are able to support yourself. The exact same requirements apply for Naturalization as for any other application to Naturalization.
Advantages of Naturalization in Germany
The advantages of Naturalization are many and varied. With a German passport, you have exactly the same rights as any other German citizen. This includes the possibility to travel visa-free to over 190 countries, to vote in Germany, but also the right to choose your own employer and to choose where you want to work and what profession you want to pursue. Freedom of education is regulated in the same way as freedom of occupation. You are free to decide where you want to study and what subject you want to study.
Condition for the fiction certificate
In order to obtain a fictitious certificate, you must fulfill certain conditions and prove that you meet certain requirements. It is important that you know exactly what these conditions are. This makes it easier to understand the fiction certificate process.
Integration and right of residence
It is important that you have a legal Residence permit and are legally resident in Germany. An alternative to this is that you are legally resident in Germany because your nationality entitles you to do so. Holders of a Schengen visa under category C cannot receive a fiction certificate. Other important requirements are that your application for the Residence permit or the extension of the residence permit has been submitted. Without the application, there is no fiction certificate.
Further conditions
Other important conditions are that you must also live in the place where you have applied for your Residence permit . It is also very important that you appear in person and have made an appointment with the authority and that the authority is given an exact description of your case and is prepared.
Procedure for a fictitious certificate
There is a specific procedure for issuing the fictitious certificate, which is carried out by the respective authorities. The procedure is very similar in each case and does not differ from the place of residence or the place where the application for extension of the residence permit or initial application to the respective Residence permit was submitted.
Which authorities are responsible?
The authority responsible for issuing and organizing the fictitious certificate is Foreigners' office. It is exactly the same authority to which you submitted the application for extension of the residence permit or the initial application to Residence permit . If processing takes longer or there are other reasons for the decision to be delayed, you will be issued with the fictitious certificate.
Forms required for the fiction certificate
A valid passport or passport replacement is important. In general, a fictitious certificate can only be issued if this is the case. A birth certificate or marriage certificate, for example, is also accepted as a passport substitute. Another important document is the previous Residence permit. Only if you can prove this title is it clear that you have submitted an application for an extension. It is also important that you provide proof of your place of residence. This can be a rental contract or a confirmation of registration of the apartment.
Costs and duration of the treatment
The costs are the same for each municipality and each Foreigners' office . Here is an example of the costs at Foreigners' office Berlin: adults pay 13 euros and minors 6.50 euros.
Turkish nationals, persons entitled to asylum, foreigners with refugee status or subsidiary protection status, resettlement refugees in accordance with Section 23 (4) AufenthG and foreigners who are studying and receive a scholarship from public funds for their stay do not have to pay fees.
In addition, you do not have to pay any fees if you receive SGB II or XII benefits or benefits under the Asylum Seekers Benefits Act You will receive the fictitious certificate when you go to Foreigners' office . It is then valid as a substitute for an ID card while your application for an extension or residence permit is being reviewed.
Risks and opportunities with the fictitious certificate
The fictitious certificate gives you rights and obligations. If you are in possession of this document, it is important to know what you are allowed to do and which procedures will cause problems. At the same time, a fictitious certificate can also entail risks that you need to be aware of.
Danger of the fiction of acquiescence
The so-called fiction of toleration comes into force if you did not have Residence permit and did not apply for a residence permit in time. The fiction of toleration then has the effect that deportation is suspended for the period in which the decision on Residence permit is made.
It is not possible to travel with a fiction of toleration and, in contrast to the fiction of permission, residence in Germany is only tolerated and not permitted. This means that many rights that you would otherwise have do not apply. For this reason, it is extremely important to submit the application to Residence permit in good time. If you have a residence permit, it is just as important to extend it in good time.
Travel with a fictitious certificate
If you are in possession of a fictitious certificate according to § 81. Abs. 4 AufenthG, you have the right to travel within the Schengen area with a valid passport or passport substitute. The website of the Federal Foreign Office lists all countries in the Schengen area. With the exception of Ireland, Bulgaria, Romania and Cyprus, this includes all other EU countries as well as Norway, Switzerland, Liechtenstein and Iceland.
The fictitious certificate pursuant to Section 81 (4) AufenthG applies to foreigners who have applied for another Residence permit residence permit or have applied for an extension of their residence permit before their residence permit expires. Section 81 (4) AufenthG does not apply to people with a fiction of toleration or fiction of permission.
Working with a fictitious certificate
The decisive factor for gainful employment is which Residence permit the foreigner previously held. So if you have the right to work at your original Residence permit , then you are also allowed to do so during the period with a valid fictitious certificate.
In the case of a fictitious permission, the situation is similar to that of a continuing fiction. What applied with your original Residence permit applies and you must adhere to the specifications from your original Residence permit .
The toleration fiction generally does not entitle you to gainful employment. If you have a toleration fiction, you must ask the Federal Employment Agency whether you can obtain approval for gainful employment. It is then at the discretion of the Federal Employment Agency whether this approval is granted.
Obligations with fictitious certificate
The obligation with a fictitious certificate is to comply with the requirements. If you are not in possession of the fictitious certificate in accordance with Section 81 (4) AufenthG and you are not allowed to travel to Schengen states, or if you have a fictitious toleration certificate and still travel without permission, then you as a foreigner must expect severe consequences.
The same applies if you do not comply with other requirements imposed by the authorities and do not cooperate with the authorities. It is also generally mandatory to keep to deadlines and to adhere to expiration dates on residence permits. If you miss deadlines through your own fault, you could end up in big trouble.
Summary
As you can see, Naturalization with a fictitious certificate is an extensive topic and very complex. Here is a summary of the most important points for you:
- The Naturalization directly from the fictitious certificate is not possible. You have to wait until the Residence permit is issued or extended. However, the application for Naturalization can be submitted and fully justified. You then only have to wait for the residence permit to be clarified.
- The requirements for Naturalization are the same as for any other Naturalization.
- The fiction certificate is a replacement document for the period in which a decision is made on the issue or extension of a residence title and a distinction is usually made between fiction of permission, fiction of continued validity and fiction of toleration.
- The fiction certificate must be obtained in person at an agreed appointment with an audition.
- It is important that you do everything you can to get the Residence permit back if documents are missing. If you do not do this and get stuck with the fictitious certificate, your residence time may start at 0.
- The cost of a fictitious certificate is 13 euros for adults and 6.50 euros for minors. There are some exceptions that exempt you from this fee. These include Turkish citizenship, subsidiary protection, residence with refugee status or status as a resettlement refugee.
- You can only travel with the fictitious certificate in accordance with Section 81 (4). You can only travel to Schengen states. Travel to all other countries is not possible with a fictitious certificate.
- Whether you can work with a fictitious certificate depends on the specifications from the original Residence permit. In principle, you cannot work with a fictitious certificate of toleration.
Are there any questions about Naturalization with a fictitious certificate?
FAQ - The most important questions and answers about Naturalization with fiction certificate
A fictitious certificate is a document that is issued to a foreigner during the application for the issue or extension of a residence permit. The legal basis is § 81 Para. 4 of the Residence Act.
The fictitious certificate is issued as an alternative identity document for the period in which you are waiting for a residence permit to be issued or extended. The aim is that you can identify yourself with a German document during this period and prove that you are waiting for the residence permit to be issued/extended and are not without Residence permit . It is a kind of substitute for the Residence permit.
The Naturalization with fictitious certificate does not go directly. You can submit a fully substantiated application to Naturalization during the fictitious certificate period. As soon as a decision has been made on the extension or granting of the residence permit and you no longer need the fictitious certificate, you can be naturalized.
The fiction certificate is issued by Foreigners' office in the place of residence. You make an appointment with an audition and receive the fiction certificate at this appointment.
You can only travel with a fictitious certificate if you have a fictitious certificate in accordance with Section 81 (4) AufenthG, with a so-called fiction of continued validity. Even then, you can only travel to Schengen countries and not to all countries in the world.
The fictitious certificate costs 13 euros for adults and 6.50 euros for minors at all immigration offices throughout Germany. There are some exceptional cases of people who do not have to pay fees. For example: Turkish citizens, foreigners with subsidiary protection status, foreigners with refugee status or foreigners with resettlement refugee status.
The decisive factor is what applied to you at your original Residence permit . You must therefore base your decision on your previous Residence permit . In principle, you cannot pursue gainful employment with a toleration fiction. You must then ask the Federal Employment Agency for permission to work.
