What is a fictitious certificate? Reason and place of issue
In order to get an answer to the question "What is a fictitious certificate?", it is important to understand why you end up there in the first place and why it is you of all people who have fallen into the fictitious certificate. It is also crucial for you to know who issues a fiction certificate and why.
Reason for § 81 AufenthG
The reason why you have been issued with a fictitious certificate under Section 81 AufenthG is quite simple. You have a permanent or temporary Residence permit and apply to extend this Residence permit .
As soon as Foreigners' office processes your application to extend your residence permit, you would not be legally resident in Germany without a certificate; this is prevented by a fictitious certificate.
There may also be other reasons for the fictitious certificate: For example, the reason may be that criminal proceedings have not yet been decided and the decision must be awaited.
Another reason may be that missing documents are not yet available and a fictitious certificate is therefore required. Another reason may be that you cannot receive your electronic Residence permit before your old residence permit expires and have to wait accordingly.
To ensure your legal residence, you need a so-called fictitious certificate. This is the core of the question: "What is a fictitious certificate? " is answered. The fictitious certificate is not, as some people mistakenly think, a Residence permit, but proof that is valid until a decision has been made on the extension of your residence permit.
The fictitious certificate is a certificate that allows you to have a temporary right of residence until your case (the extension of your actual residence permit) has been decided. With the fictitious certificate, you can identify yourself and also have certain rights that are clearly defined.
Where can I get a fiction certificate?
The fictitious certificate is issued by the Foreigners' office of your place of residence. You must submit the application for such a certificate here and this authority will then also issue you with the receipt/certificate.
The fictitious certificate costs 13 euros for adults and 6.50 euros for children. The fictitious certificate can be handed out by the authority in person on site or sent to you by post by the authority.
As soon as you have submitted the application for the fictitious certificate to the authorities, Foreigners' office will check whether you meet the requirements for the fictitious certificate. You will then receive the verification document at your registration address. You now have the fictitious certificate as a document of proof and can present it at any inspection.
The decisive factor is whether you meet the requirements for a fictitious certificate. The Foreigners' office checks exactly whether you have submitted an application for a Residence permit or an extension of a residence permit and require a fictitious certificate as a replacement document for the Residence permit .
What is a fictitious certificate?
What is a fictitious certificate? All types and variants
The question: What is a fictitious certificate? is closely linked to the types and variants of a fictitious certificate. The fictitious certificate has different backgrounds or causes. Based on these causes, the respective certificates are then categorized and divided into certain types and variants.
The fiction of acquiescence
In the case of the fiction of toleration under Section 81 (3) sentence 2 AufenthG, there is the problem that the applicant has applied too late for the extension of their residence permit. The consequence of this delay is that you as the applicant automatically fall into a status under § 60a AufenthG in such a case.
You have therefore been granted a fictitious suspension of deportation. This means that you do not have a right of residence, but the suspension of deportation is also temporarily suspended due to the fiction of toleration. You are therefore regarded as a person with tolerated status in Germany.
In the worst case scenario, the decision may be negative for you. In this case, the suspension of deportation is no longer suspended. You would then be obliged to leave the country and would receive a deportation notice with a border crossing certificate.
The continuation fiction
In contrast to the fiction of toleration, the fiction of continuation under Section 81 (4) sentence 1 AufenthG has completely different requirements. If you receive the document of a fiction of continuation, then the following origins apply: You have submitted the application for the extension of your residence permit in good time. Your previous Residence permit is deemed to be valid until the decision on your case is made by Foreigners' office and you are in a fiction of continuation.
The fiction of continuation means that all rights and obligations of your old residence permit continue to apply. You therefore have no negative consequences. All you have to do is submit the document on the fiction of continuation as proof. Otherwise, nothing changes for you and the same rules apply as with your old Residence permit .
The fiction of permission
The fiction of permission applies to people who are legally resident in Germany, do not have a Residence permit and are applying for a Residence permit . For these people, residence is deemed to be permitted until a decision is made on the granting of the residence title in accordance with Section 81 (3) sentence 1 AufenthG.
You are affected by this requirement, for example, if you have legally entered the territory of the Federal Republic of Germany, are legally resident in the federal territory and have applied for a Residence permit .
If you are applying for a residence permit for the first time at Residence permit , you cannot work until a decision has been made on the issue of the residence permit. You will also not be able to re-enter the Federal Republic of Germany if you leave the Federal Republic of Germany.
Citizens from countries such as Australia, Japan, Israel, Canada, New Zealand and the USA are affected by the so-called fictitious permit. Ukrainian nationals and nationals from countries in the Schengen area are also affected. These citizens have the opportunity to stay in Germany for 90 days without a visa.
eAT (electronic residence permit Residence permit) in accordance with Section 81 (5a) AufenthG
The fictitious certificate for the eAT (electronic Residence permit) in accordance with Section 81 (5a) AufenthG will be issued to you if you have received such an electronic Residence permit . If you have received an electronic Residence permit for the purpose of training or taking up gainful employment (job), this permit for gainful employment will be included in your fictitious certificate.
In this case, you can therefore pursue a job. This also applies in the event of a change of employer, permanent employment after a previously temporary position, or first-time employment with the respective employer.
From §81 AufenthG to permanent and temporary right of residence
People who ask themselves the question: What is a fictitious certificate?" have one wish: to get out of the functional status as quickly as possible. The way out of the fictitious certificate involves different situations. It is important that you know what steps you need to take next and what mistakes should not be made under any circumstances.
Important behaviors
During the period with functional status, the following applies to you even more than before: cooperation with the authorities is important. It is always important to give the signal that you want to integrate in Germany.
If you take integration courses, participate in language courses and can prove this, then this will help your employment biography for one Settlement permit or Naturalization and you show that you are active during the waiting period.
It is also important that you do not make yourself liable to prosecution during the period with a fictitious certificate. Any previous conviction during this time will be registered negatively by the decision-makers at Foreigners' office and will ultimately harm you and your chances of getting out of §81 AufenthG quickly.
How to get out of the fictitious certificate
The easiest way to get out of the fictitious certificate is to find out the reason why the certificate is necessary and to act.
If you are missing documents for the extension of your residence permit, you must organize these documents as quickly as possible and submit them to the authorities.
It is often the case that you receive a fictitious certificate because your valid national passport is missing and valid proof of identity is required to extend your residence permit. You must therefore present a valid identity document as soon as possible so that your Residence permit can be extended and you no longer need the fictitious certificate.
The case becomes more difficult if you end up in a fictitious certificate through your own fault and remain there for a longer period of time. It is therefore very important to extend Residence permit in good time (not after the expiry date) and to obtain the documents that are still missing for an extension of the residence permit as quickly as possible.
Risks and dangers with a fictitious certificate
The greatest danger and risk is if you get stuck in the fictitious certificate for too long due to your own mistakes and fault.
So if you do not act quickly when proof of identity is required, or if you submit your application to extend your right of residence too late, your legal residence status may be revoked.
This means that although you have legally resided in Germany for 7 or 8 years, you have to start from scratch again. This is a big nuisance because it gets complicated with the Naturalization . For this reason, it is extremely important to act quickly and try everything to ensure that you leave § 81 AufenthG.
As a rule, the fictitious certificate is valid for 2-6 months. A decision on your case should be made during this time. If you can foresee that the period will expire and you do not receive a response from the authorities, you should arrange another interview with Foreigners' office . Your fictitious certificate may then need to be extended.
Differences between a fictitious certificate and a permanent or temporary right of residence
Depending on which right of residence you want to extend or change to, different regulations apply to you. In some cases you can travel to Germany, in other cases you cannot enter the country. The same applies to work. Some fictitious certificates allow you to work without any problems, while in other cases it is not possible to work.
Naturalization with fiction certificate
Many people who have a fictitious certificate and ask the question: What is a fictitious certificate? have one goal: They want to be naturalized. There are clear regulations at Naturalization and these regulations also apply to the fiction certificate.
Application during the fictitious certificate
If you meet the requirements for Naturalization , there is no problem in applying for Naturalization during the fictitious certificate. The naturalization authority will then already have your application for naturalization and can process it.
In order for the Naturalization to be issued, you must now wait until you have come out of the fictitious certificate and your old Residence permit has been extended or another Residence permit approved for the Naturalization has been issued. Once the Residence permit has been extended, nothing stands in the way of the Naturalization .
This is why the route to Naturalization is not direct
The fictitious certificate according to § 81 AufenthG is not Residence permit, it is proof. This is why the path to Naturalization with a f ictitious certificate does not work directly. Submitting the application is not a problem and can be done without difficulty, but legally speaking it is not possible to be naturalized directly if a decision is still being made about extending your residence permit.
For this reason, you must first wait for the decision of Foreigners' office regarding the extension of your residence permit or a new Residence permit must be issued (change of purpose).
Working with a fictitious certificate
Not every fictitious certificate works. You must pay very close attention to the rules that apply to you and adhere to them accordingly. This procedure will save you a lot of frustration and trouble.
You can work with this fictitious certificate
As long as you are in a continuation fiction according to § 81. para. 4 sentence 1 AufenthG, the rules that were also the case with your old Residence permit apply. Accordingly, you can go about your work without any problems and are not prohibited from working.
You can see exactly whether you are allowed to work or not on the fictitious certificate under ancillary provisions. As a rule, you can continue to work in your existing employment relationship.
There are individual cases in which work is only permitted with a specific employer, which is then entered on the fictitious certificate. In this case, you must apply for a change of employer at Foreigners' office and wait for approval.
You cannot work with these fictitious certificates
With a fiction of toleration according to § 81. para. 3 sentence 2 AufenthG, gainful employment is generally not possible. However, it is possible to apply to the Federal Employment Agency for permission to work. If the Federal Employment Agency gives a positive signal in this regard, you can take up employment.
If you apply for a fictitious permit for the first time in accordance with Section 81 (3) sentence 1 AufenthG, it is not possible to work until a decision has been made on your application for a Residence permit . As soon as you have received your Residence permit , there is nothing to stop you from working.
Applying for Hartz 4 / citizen's allowance
It is generally possible to apply for social benefits such as Hartz 4 / citizen's allowance with a fictitious certificate. The application must be submitted with the document to the Federal Employment Agency. Non-approval of social benefits for people with a fictitious certificate would be unlawful.
After cases arose in which social benefits were wrongly denied by authorities, a ruling by the VGH BW (Administrative Court of Baden-Württemberg) on October 26, 2022 confirmed that this procedure is not legal.
Travel with a fictitious certificate
When traveling with a fictitious certificate, it again depends on which variant of the fictitious certificate you are in exactly. There are different regulations here. It is important that you pay close attention to these regulations. A mistake here can mean that you are not authorized to enter Germany.
You can travel with this fictitious certificate
With the fiction of continued existence, entry to Germany is possible in principle. Exactly the same rules apply as were your requirements with your old Residence permit . The decisive factor is Section 81 (4) AufenthG, which states that nothing stands in the way of you entering and leaving Germany with a valid fictitious certificate with the status of fictitious continuation.
It is important that you have a valid passport or a replacement for your passport with you in addition to your valid fictitious certificate. In addition to your passport and the fictitious certificate in accordance with Section 81 (4), you will also need the old or expired card (Residence permit) when you present it.
Not every country accepts entry and exit with a fictitious certificate. So before you start your trip, please check the entry regulations of the respective country carefully. This way you can be absolutely sure that you won't have any problems entering or leaving the country during your trip.
With these types of § 81 AufenthG the vacation does not go
It is not possible to enter Germany with the fiction of permission according to § 81 para. 3 sentence 1 or the fiction of toleration according to § 81 para. 3 sentence 2. This means: If you travel with these variants of the fiction certificate, your fiction expires and you have no right to stay in Germany.
It is important that you check the title of your fictitious certificate carefully and check whether the fictitious certificate entitles you to re-enter Germany or not.
Summary
The topic: What is a fictitious certificate? is, as you can see, extensive. We have summarized the most important facts for you in detail below:
- The fictitious certificate is not Residence permit, but proof that you have submitted an application for an extension of a residence permit or an application for a Residence permit .
- It is generally possible to apply for social benefits with a fictitious certificate.
- It is important that you leave the fictitious certificate as quickly as possible and that you do not get stuck in Section 81 AufenthG through your own fault. In the worst case scenario, your calculated period of residence for Naturalization may start at 0 again.
- It is important that you apply for an extension of your residence permit in good time.
- The reason for the fictitious certificate may be that the extension of the residence permit was submitted too late, criminal proceedings that have not yet been decided, missing documents, long processing times at authorities or the inability to access an electronic Residence permit before your residence permit expires.
- Travel with the fictitious certificate is not possible with all variants of the fictitious certificate. Entry is no longer possible with the fiction of permission and the fiction of toleration.
- Gainful employment is generally not possible with all fictitious certificates. In the case of a fictitious permit with an initial residence permit, gainful employment is not possible until a decision has been made, and in the case of a fictitious toleration, you need the approval of the Federal Employment Agency.
Do you still have questions about the fictitious certificate?
FAQ - The most important questions and answers about the fiction certificate
A fictitious certificate according to § 81 AufenthG is a document of proof. It is a replacement document for your residence in Germany for the period in which a decision is made on the extension of your residence permit.
Entry and exit is not possible with every fictitious certificate. A continuation fiction according to § 81 para. 4 makes entry and exit possible. All the rules that were also stipulated in the old Residence permit then apply. Entry to Germany is not possible with a fiction of toleration or fiction of permission.
A fiction certificate is issued to people who have applied for an extension of their residence permit or have applied for a Residence permit and whose extension/Residence permit is still being processed. The fictitious certificate then serves as a replacement document for residence in Germany.
A fictitious certificate is formally valid for 2-6 months. If a decision on Residence permit has not been made by then, a new appointment with Foreigners' office must be sought in advance.
The fictitious certificate will be issued by the Foreigners' office responsible for you if you meet the requirements for the fictitious certificate.
You will receive a fictitious certificate so that you are legally resident in Germany while your residence permit is being processed/your residence permit is being extended and your residence can be documented.
For many people, the EU blue card is followed by Settlement permit or Naturalization. Both are easier to obtain with an EU blue card than with many other residence permits. Another option is to apply for Residence permit EU permanent residence after 5 years with an EU Blue Card.
A distinction is generally made between 4 different types of fictitious certificate. Fiction of continued existence, fiction of permission, fiction of toleration and fiction certificate in connection with an electronic Residence permit (eAT)
The end of the fictitious certificate means that a decision has been made on your application for Residence permit or the extension of your residence permit. If you have submitted an application for Naturalization during the fictitious certificate, Naturalization may follow at the end of the fictitious certificate.
