The immigration office issues a Fiktionsbescheinigung when it has not yet decided on an application to grant or extend a residence permit but your previous permit is expiring.

What the certificate is legally

The certificate is not a residence permit in its own right. It confirms that, while your application is being processed, your stay is deemed lawful by law (a legal fiction). It is issued by the immigration office on an official form.

The difference between Section 81(3) and Section 81(4)

What matters is which subsection is ticked. Subsection 4 (Section 81(4) AufenthG, Fortgeltungsfiktion) applies if you applied before your valid residence permit expired: your previous status continues with its conditions, including permission to work. Subsection 3 (Section 81(3)) concerns people who were lawfully in Germany without a residence permit; it does not in itself give a right to work.

Leaving and re-entering Germany

A certificate under Section 81(4), together with your previous residence permit, usually allows you to re-enter Germany. Travelling to other Schengen countries with it does not always go smoothly, so check the conditions with the office before you travel. A certificate under Section 81(3) loses its effect when you leave Germany.

Showing the certificate to your employer and bank

Your employer checks whether you may work based on the entries in the certificate and in your previous residence permit. Look for a note such as “Erwerbstätigkeit gestattet” (employment permitted). Banks and other organisations may ask to see the certificate together with your passport and previous permit.

What to check

  • Check that Section 81(4) is ticked when the certificate is issued.
  • Check that permission to work is noted.
  • When travelling, carry your passport, previous residence permit and the original certificate.
  • Give HR a copy of the certificate so that your salary continues without interruption.

Example situation

A professional with a certificate under Section 81(4) checks the travel conditions with the office in advance, takes her passport, previous permit and the original certificate on holiday and returns to Berlin on a direct flight.

Next step

A Fiktionsbescheinigung under Section 81(4) preserves the rights of your previous residence permit until a decision is made; before travelling abroad, check the ticked subsection and the conditions for returning.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.