.png)
Guide: Fictitious Certificate
Information from a lawyer on the fictitious residence certificate according to §§ 81 para. 3, para. 4 AufenthG (meaning, travel, work and application).
Share:
About this Page
what a fictitious certificate is
what legal significance the fictitious certificate has
whether you are allowed to travel and work with the fictitious certificate
how to apply for and extend a fictitious certificate
Table of Contents
1. Fictitious certificate for foreigners
1.1 What is a fictitious certificate (legal meaning)?
1.2 Who receives a fictitious certificate?
2. Travel with a fictitious certificate (Section 81 (4) Residence Act)
2.1 Can you travel with the fictitious certificate?
2.2 Travel with a fictitious certificate according to Section 81 Paragraph 3 Sentence 1 of the Residence Act
2.3 Travel with a fictitious certificate according to Section 81 para. 4 AufenthG
3. Can I work with a fictitious certificate?
4. Apply for a fictitious certificate
4.1 How do I apply for a fictitious certificate?
4.2 Certificate of fiction from the State Office for Immigration (LEA)
5. FAQ Fictitious Certificate
6. Conclusion Fictitious certificate
1. Fictitious certificate for foreigners
1.1 What is a fictitious certificate?
The "Fiktionsbescheinigung" (temporary permit/certificate or "fictional visa/certificate") is a document issued to foreigners by the immigration authorities. Those holding a "Fiktionsbescheinigung" (temporary permit/certificate) are permitted to stay legally in Germany ( Section 81 (3) and (4) of the Residence Act ).
What is the legal significance of a fictitious certificate?
The fictitious certificate initially means that the foreigner is permitted to stay in Germany even though he or she does not currently have a valid residence permit (e.g., because the residence permit or visa has expired; see Section 81 of the Residence Act). The foreigner's stay with a fictitious certificate is thus "fictitiously" permitted. In other words: The foreigner's stay is technically not permitted due to an expired visa or residence permit, but the fictitious certificate "fictitiously" pretends that the foreigner has a valid residence permit . The residence permit is thus effectively extended for the duration of the fictitious effect.
There are the following types of fictitious certificate :
Certificate of fiction for visa-free stay (Section 81 (3) Residence Act)
Certificate of fiction in the case of expired residence permits (Section 81 (4) Residence Act)
Fictitious certificate for working without a work permit (Section 81 (5a) Residence Act)
Each of these types of fictitious certificate has different requirements and legal consequences.
1.2 Who receives a fictitious certificate?
A fictitious certificate can be applied for or issued in various situations. However, the following requirements must be met for all types of fictitious certificate:
The current stay in Germany is legal (e.g. due to a residence permit or visa exemption) and
During the legal stay, an application is made for a residence permit or the extension of a residence permit.
In short: You must apply for a new residence permit or an extension of your residence permit while your residence permit or visa is still valid . If you apply for a new residence permit in a timely manner, the "fictitious effect" (§§ 81 para. 3, para. 4 Residence Act) takes effect. Once this fictitious effect has occurred, the immigration authorities must issue a fictitious certificate (§ 81 para. 4 Residence Act). In certain exceptional cases, a fictitious certificate can also be applied for after the residence permit has expired (see, for example, BeckOK AuslR/Kluth, 42nd Ed. 1 July 2024, Residence Act § 81 paras. 32 - 42.2).
2. Travel with a fictitious certificate (Section 81 (4) Residence Act)
Many people wonder whether they can travel with a fictitious certificate. The (unfortunately not so simple) answer is presented below.
2.1 Can you travel with the fictitious certificate?
The answer to the question of whether you can travel with a fictitious certificate of residence depends on the type of fictitious certificate you have. Furthermore, you must fundamentally distinguish between leaving the country and entering the country. While leaving the country with a fictitious certificate is possible without any problems with all fictitious certificates, re-entering Germany is only possible with a fictitious certificate in accordance with Section 81 (4) of the Residence Act .
2.2 Travel with a fictitious certificate according to Section 81 Paragraph 3 Sentence 1 Residence Act
The fictitious residence permits differ fundamentally depending on whether you currently hold a residence permit or not. If you are staying in Germany without a residence permit (e.g., due to visa exemption for certain nationalities) and then receive a fictitious residence permit, you are not permitted to travel with the fictitious residence permit (Section 81, Paragraph 3, Sentence 1 of the Residence Act). Therefore, if you leave Germany, you must wait until you are permitted to re-enter for 90 days within a 180-day period.
2.3 Travel with a fictitious certificate according to Section 81 para. 4 AufenthG
If you already held another residence title (e.g., a visa or residence permit) when applying for a residence title, you will be issued a fictitious residence certificate in accordance with Section 81, Paragraph 4 of the Residence Act . This certificate confirms that your stay in Germany is still legal and that your previous residence title remains "fictitiously" valid . This means that your stay will continue to be considered legal until the immigration authorities decide on your application.
Since your residence permit is still valid during this transitional phase, you can continue to travel with your old residence permit . With the fictitious certificate pursuant to Section 81 Paragraph 4 of the Residence Act, you are also entitled to travel within and outside of Europe. This permit gives you the necessary flexibility without fear of legal uncertainty regarding your residence status while the immigration authorities are still deciding on your new application.
The fictitious residence permit thus provides important legal protection, as it recognizes the continued status of the previous residence permit and enables smooth onward travel. It is a useful tool to avoid uncertainty during the application process and continue your stay in Germany without interruption.
3. Can I work with a fictitious certificate?
Whether you are permitted to work with a fictitious certificate of residence depends on whether or not you were permitted to work before applying for your residence permit . The fictitious certificate "fictitiously" extends your previous residence permit. If you were not permitted to work before applying for a residence permit (e.g., as a visa-exempt national), you are not permitted to work with the fictitious certificate either (Section 81 (3) of the Residence Act). However, if you were already permitted to work before applying for a new residence permit (e.g., because you entered the country with a work visa or because you have an EU Blue Card), you are also permitted to work with the fictitious certificate (Section 81 (4) of the Residence Act).
Whether you are permitted to work or be gainfully employed with the fictitious certificate is always stated in the fictitious certificate. Therefore, the fictitious certificate states whether you are permitted to work under the "Supplementary Conditions" section.
If your residence permit states " Employment permitted ," you may pursue any type of work (including self-employment). If your residence permit states " Employment permitted ," you may work, but not be self-employed. If the additional provisions state "Employment/Employment not permitted," you may not work with the fictitious certificate.
Further information on labor migration law can also be found in ourVISAGUARD Guide to Compliance in Labor Migration .
4. Apply for a fictitious certificate
4.1 How do I apply for a fictitious certificate?
Many people wonder how they can apply for a fictitious residence permit. While the question is legitimate, it's fundamentally misguided. To obtain a fictitious residence permit (for the first time), you don't need to apply for the fictitious residence permit itself, but rather for the residence permit itself. The fictitious residence permit certifies that you have applied for a residence permit.
In principle, the immigration authorities are required to issue the fictitious certificate of residence automatically (or ex officio) after the application for a residence permit has been submitted (Section 81 (5) of the Residence Act). In practice, however, this usually doesn't happen because the immigration authorities are massively overburdened. The fictitious certificate must then be applied for separately.
4.2 Apply for a fictitious certificate in Berlin
In Berlin, you can apply for a fictitious certificate of eligibility at the State Office for Immigration (LEA) using the online form . After you have identified your responsible department at the State Office for Immigration (LEA) (e.g., for the EU Blue Card), you can select the subcategory " Fictitious certificate - issued after an application (if departments B1 - B3 are responsible)" in the contact form. The data will then be automatically transmitted to the State Office for Immigration (LEA), and your caseworker should then issue a fictitious certificate or schedule an appointment for the issuance of the fictitious certificate.
Unfortunately, the Berlin State Office for Immigration (LEA) is extremely overburdened. Therefore, obtaining a fictitious certificate of residence is very difficult in Berlin. If in doubt, you can hire an immigration lawyer to apply for the fictitious certificate of residence . If in doubt, they can issue you with a letter confirming that you have applied for a residence permit and that your stay in Germany is therefore "fictitiously" permitted. Theoretically, you can also file a lawsuit with the Berlin Administrative Court (VG Berlin) to obtain a fictitious certificate of residence (see, for example, VG Berlin, decision of February 7, 2012 – VG 15 L 3.12). However, this can incur comparably high costs.
5. FAQ
Is the fictitious certificate a residence permit?
The fictitious certificate is not a residence permit. It merely confirms that your stay in Germany is permitted.
Do I need an appointment to apply for the fictitious certificate?
Whether you need an appointment to apply for a fictitious certificate depends on your immigration office. Many immigration offices, for example, offer the option of renewing your fictitious certificate at the service desk without an appointment.
Special case: Are fictitious certificates also issued to foreigners from Ukraine?
Yes, in principle, fictitious residence certificates are also issued to people who have fled Ukraine, as long as they have made use of the Ukraine Residence Transitional Ordinance (VGH Baden-Württemberg, decision of 26 October 2022 - 11 S 1467/22).
Can my application for a fictitious certificate be rejected?
No! While immigration authorities repeatedly claim that fictitious certificates are issued "only in exceptional cases" (e.g., in the case of an upcoming trip), this is false and illegal.
Will I receive a fictitious certificate if I am in Germany with a Schengen visa and then apply for a residence permit?
No, no fictitious certificates are issued for Schengen visas (see Section 81 Paragraph 4 of the Residence Act).
What should I do if I have lost my fictitious certificate?
Losing the fictitious certificate has no legal effect. Your stay in Germany is still legal (the declaratory effect of the fictitious certificate).
How often can the fictitious certificate be renewed?
There is no rule regarding how often the fictitious certificate can be renewed. Therefore, the fictitious certificate can be renewed an infinite number of times.
How long is the fictitious certificate valid?
How long the fictitious certificate is valid depends on your caseworker (usually 3-6 months).
6. Conclusion
The fictitious certificate is a key instrument in German residence law that provides legal protection for foreigners during the transition period between the expiration of a residence permit and the decision on a new application. It allows continued legal residence in Germany, in many cases also secures the right to work, and – depending on the type – can also enable travel. It is particularly important that the fictitious effect takes effect simply by submitting the application on time, regardless of whether the authority actually issues the certificate. However, its issuance can be necessary in practice, for example for employers or when traveling. Anyone who has difficulties applying should seek legal assistance in good time . In a transition phase that is often legally complex, the fictitious certificate protects against a loss of status and enables continuity in residence rights.
You might also be interested in
Further Information
Certificate of fiction from the Berlin State Office for Immigration
Literature: BeckOK AuslR/Kluth, 42nd Ed. 1.7.2024, § 81 Rn. 32 - 42.2
List of Sources (Paywall)
[1] Hofmann (ed.), Aliens Law, 3rd edition 2023, § 81
[2] Kluth/Heusch, BeckOK, Aliens Law, 3rd edition 2025, § 81
[3] Huber/Mantel, Residence Act/Asyl Act, 4th edition, 2025, § 81
[4] Regarding the obligation of the immigration authorities to issue fictitious certificates by law (i.e. without an application), see BayVGH decision of 16 June 2015 – 10 C 15.241, BeckRS 2015, 48005, para. 10
[5] Regarding the fiction of continued existence in the case of a slightly late application, see OVG Münster, decision of 23 March 2006, 18 B 120/06
[6] Regarding the urgency within the meaning of Section 123 of the Administrative Court Act (VwGO) in the absence of a fictitious certificate, see Administrative Court of Berlin, decision of 7 February 2012, Ref. VG 15 L 3.12; Administrative Court of Schleswig-Holstein, decision of 27 March 2013, Ref. 6 B 11/13; Administrative Court of Bremen, decision of 13 April 2011, Ref. 4 V 62/11; Higher Administrative Court of Baden-Württemberg, decision of 17 June 2010, Ref. 11 S 1050/10; Higher Administrative Court of Bremen, decision of 31 July 2009, Ref. 1 B 169/09; Higher Administrative Court of Bremen, decision of 17 September 2010, Ref. 1 B 140/10
[7] Visa Handbook, Certificate of Declared Immigration, 70th Supplement, as of: 12/2019
[8] Administrative instructions for residence in Berlin (VAB), as of 18 February 2025, § 81