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Case study: Obtaining a fictitious certificate
Practical tip from a lawyer: How can you obtain a certificate of fictitious residence very quickly?
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June 15, 2026
What is the problem with obtaining a fictitious residence permit quickly?
The unavailability of fictitious residence permits is one of the most common problems in visa law, as almost all immigration authorities are overloaded and cannot process applications in a timely manner.
A fictitious residence permit is always issued when the residence permit has expired, but an extension was applied for in good time beforehand (which is still being processed).
Fictitious residence certificates are usually required for travel, as proof for the employer, for the landlord, or for blocked account providers.
The procedures are often subject to time pressure (e.g. because the flight is imminent or the employer is threatening dismissal).
Here's how lawyers solve the problem:
When dealing with the authorities, it should always be emphasized that a certificate of fictitious status is a legal entitlement without any prerequisites (except for timely application).
Authorities often fail to respond to requests for a temporary residence permit (e.g., via the emergency contact form). Even physically going to the office is usually unsuccessful, as security does not allow anyone into the building without an appointment.
A letter from a lawyer is usually the solution for missing certificates of fictitious residence, as the authorities only pay attention to cases through lawyers.
If a letter from a lawyer is unsuccessful, legal action must be taken (preliminary injunction, Section 123 of the German Administrative Court Procedure Act). A lawsuit for the issuance of a certificate of deemed residence can lead to the issuance of the certificate within 3 to 7 days and costs between €1,500 and €3,000, depending on the lawyer.
A. Facts
What had happened?
A female employee in a management position at an international technology company faced the problem that a severance payment agreed upon in a termination agreement was contingent upon the timely submission of a certificate of deemed employment. The severance payment was to be made only if the certificate of deemed employment was submitted by a contractually specified deadline. If this deadline was missed, the severance payment would not have been possible.
In order to obtain the fictitious certificate in time, the employee contacted the immigration authorities in numerous ways. She wrote emails and letters, filled out the online contact form, attempted to book an appointment, and called the immigration authorities countless times. Unfortunately, all attempts to reach the immigration authorities were unsuccessful. Therefore, two weeks before the deadline, an independent VISAGUARD-certified attorney was hired to ensure the timely procurement of the fictitious certificate.
B. Legal solution
How did the VISAGUARD lawyer resolve the case?
To ensure compliance with the deadline, the appointed lawyer immediately contacted the responsible State Office for Immigration (LEA). He invoked the employee's legal entitlement under Section 81 Paragraph 4 of the Residence Act (AufenthG) and argued that the failure to issue the certificate of deemed residence, despite a timely application, constituted a violation of her rights. According to Section 81 Paragraph 4 Sentence 1 of the Residence Act, the so-called legal fiction takes effect automatically upon timely application, obligating the immigration authority to at least issue a corresponding certificate.
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Despite repeated legal reminders, sent both via the court's internal communications systems and through formal letters, the authority initially failed to respond. Only after an explicit threat of legal action by way of interim relief and the submission of a pre-drafted application for a preliminary injunction did the proceedings begin to move forward. Due to significant backlogs in the responsible department, B2, the department head ultimately issued the fictitious certificate itself. This enabled the employee to submit the required certificate on time, ultimately enabling the payment of the contractually agreed severance payment.
C. Conclusion
What can be learned from this case?
This case illustrates that the certificate of deemed residence status (Fiktionsbescheinigung) does not merely serve as proof of a continuing legal residence status in Germany, but can also have significant economic consequences in certain situations, such as in the case of employment settlement agreements. According to Section 4a Paragraph 5 Sentence 2 No. 2 of the German Residence Act (AufenthG), employers are obligated to retain a copy of the valid residence permit or a corresponding certificate for the duration of the employment relationship. Consequently, making a salary or severance payment to an expired residence permit without presenting a certificate of deemed residence status carries legal risks. Employers are entitled, based on this legal obligation, to insist on the presentation of such a certificate.
The case further illustrates that, despite the existing legal obligation (Section 81 (5) of the Residence Act), the issuance of fictitious certificates by immigration authorities often only occurs under considerable pressure and insistence. Experience shows that, in practice, applications for fictitious certificates are repeatedly delayed or rejected for a variety of reasons, often incorrect. Applicants in such cases should not rely solely on official statements, but should actively assert their legal claim, if necessary with the assistance of a lawyer. If necessary, the claim can be enforced through interim relief before the administrative courts.
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[1] Judgment: Regarding the urgency pursuant to Section 123 of the Administrative Court Procedure Act (VwGO) in the absence of a certificate of deemed residence, see Berlin Administrative Court, decision of 7 February 2012, file no. VG 15 L 3.12 ; Schleswig-Holstein Administrative Court, decision of 27 March 2013, file no. 6 B 11/13; Bremen Administrative Court, decision of 13 April 2011, file no. 4 V 62/11; Baden-Württemberg Higher Administrative Court, decision of 17 June 2010, file no. 11 S 1050/10; Bremen Higher Administrative Court, decision of 31 July 2009, file no. 1 B 169/09; Bremen Higher Administrative Court, decision of 17 September 2010, file no. 1 B 140/10