Guide: Fictitious Certificate
Information from a lawyer on the fictitious certificate according to §§ 81 para. 3, para. 4 AufenthG (meaning, travel, work and application).
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Here you learn ...
… 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 significance of a fictitious certificate?
1.2 Who receives a fictitious certificate?
1.3 What does a fictitious certificate look like?
1.4 Difference between fictitious certificate and other residence documents
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 (declaration with photo)
2.3 Travel with a fictitious certificate according to Section 81 Paragraph 4 of the Residence Act (declaration with photo)
3. Can I work with a fictitious certificate? (Explanation with image)
4. Apply for a fictitious certificate
4.1 How do I apply for a fictitious certificate?
4.2 Apply for a fictitious certificate at the State Office for Immigration (LEA) in Berlin
4.3 Extending the fictitious certificate
5. What can I do if I am not issued a fictitious certificate?
6. FAQ on the fictitious certificate
7. Conclusion
1. Fictitious certificate for foreigners
1.1 What is a fictitious certificate?
The “temporary permit/certificate” or “fictional visa/certificate” is a document for foreigners that is issued by the immigration authorities. Anyone who has a “fictional certificate” is allowed to stay in Germany legally ( Section 81, Paragraph 3 and Paragraph 4 of the Residence Act ).
What is the legal significance of a fictitious certificate?
The fictitious certificate means that the stay in Germany is permitted, even though the foreigner 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 therefore "fictitiously" permitted. In other words: the foreigner's stay is actually not permitted due to an expired visa or residence permit, but the fictitious certificate "fictitiously" acts as if the foreigner had a valid residence permit . The residence permit is therefore 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 Paragraph 3 of the Residence Act)
Fictitious certificate for expired residence permits (Section 81, Paragraph 4 of the Residence Act)
Fictitious certificate for working without a work permit (Section 81 Paragraph 5a of the 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 different situations. However, the following requirements must be met for all variants of the fictitious certificate:
1. The current stay in Germany is legal (e.g. due to a residence permit or due to visa exemption) and
2. 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 the extension of your residence permit while your residence permit or visa is still valid . If you apply for a new residence permit in good time, the "fictitious effect" takes effect (§§ 81 para. 3, para. 4 AufenthG). If this fictitious effect has occurred, the immigration authorities must issue a fictitious certificate (§ 81 para. 4 AufenthG). 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. 1.7.2024, AufenthG § 81 Rn. 32 - 42.2).
1.3 What does a fictitious certificate look like? (Sample fictitious certificate according to the Residence Ordinance)
The image below shows a sample of a fictitious certificate according to the Residence Ordinance (official form):
2. Travelling with a fictitious certificate (Section 81 Paragraph 4 of the 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 depends on what type of fictitious certificate you have. You also have to differentiate 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-entry into Germany is only possible with the fictitious certificate in accordance with Section 81 Paragraph 4 of the Residence Act .
2.2 Travel with a fictitious certificate according to Section 81 Paragraph 3 Sentence 1 of the Residence Act
The fictitious certificates differ fundamentally depending on whether you currently have a residence permit or not. If you are in Germany without a residence permit (e.g. because of visa exemption for certain nationalities) and then receive a fictitious certificate, you are not allowed to travel with the fictitious certificate (Section 81 Paragraph 3 Sentence 1 of the Residence Act). If you leave Germany, you must therefore wait until you are allowed to re-enter for 90 days within 180 days.
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2.3 Travel with a fictitious certificate according to Section 81 Paragraph 4 of the Residence Act
If you already had another residence title (e.g. visa or residence permit) when you applied for a residence title, you will be issued with a fictitious 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 the 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 the old residence permit . The fictitious certificate ensures that there is no interruption in your stay and that all rights of the previous residence permit are retained during the ongoing procedure.
With the fictitious certificate according to Section 81 Paragraph 4 of the Residence Act, you are also entitled to travel within and outside Europe. This permit gives you the flexibility you need without having to fear legal uncertainty regarding your residence status while the immigration authorities are still deciding on your new application.
The fictitious certificate therefore offers important legal protection, as it recognizes the continued status of the previous residence permit and enables a smooth onward journey. It is a useful tool to avoid uncertainty during the application process and to continue your stay in Germany without interruptions.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
3. Can I work with a fictitious certificate?
Whether you are allowed to work with a fictitious certificate depends on whether you were allowed to work before applying for your residence permit or not. The fictitious certificate “fictitiously” extends the previous residence permit. If you were not allowed to work before applying for a residence permit (e.g. as a visa-exempt national), you are not allowed to work with the fictitious certificate either (Section 81 Paragraph 3 of the Residence Act). However, if you were already allowed 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 allowed to work with the fictitious certificate (Section 81 Paragraph 4 of the Residence Act).
Whether you are allowed to work or be gainfully employed with the fictitious certificate is always recorded in the fictitious certificate. In this respect, the fictitious certificate states under the point “Supplementary provisions” whether you are allowed to work.
If “ employment permitted ” is entered in the residence document, you can do any job (including self-employment). If “ employment permitted ” is entered in the residence document, you can work, but not be self-employed. If “employment/gainful employment not permitted” is entered in the ancillary provisions, you are not allowed to work with the fictitious certificate.
You can also find further information on labor migration law in our VISAGUARD Guide to Compliance in Labor Migration .
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
4. Apply for a fictitious certificate
4.1 How do I apply for a fictitious certificate?
Many people ask themselves how they can apply for a fictitious certificate. The question is legitimate, but fundamentally wrong. In order to receive a fictitious certificate (for the first time), you do not have to apply for the fictitious certificate, but for the residence permit itself. The fictitious certificate certifies that you have applied for a residence permit.
In principle, the immigration authorities must issue the fictitious certificate of their own accord (or ex officio) after the application for a residence permit has been submitted (Section 81, Paragraph 5 of the Residence Act). In practice, however, this usually does not happen because the immigration authorities are massively overloaded. The fictitious certificate must then be applied for separately.
4.2 Apply for a fictitious certificate in Berlin
In Berlin, the fictitious certificate can be applied for at the State Office for Immigration (LEA) using the online form . After you have determined 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 is then automatically sent to the State Office for Immigration (LEA) and your clerk should then issue a fictitious certificate or set an appointment for the fictitious certificate to be issued.
Unfortunately, the State Office for Immigration (LEA) in Berlin is extremely overloaded. It is therefore very difficult to obtain a fictitious certificate in Berlin. If in doubt, you can commission an immigration lawyer to apply for the fictitious certificate . If in doubt, the lawyer 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. In theory, you can also file a suit with the Berlin Administrative Court (VG Berlin) to obtain a fictitious certificate (see VG Berlin, decision of February 7, 2012 – VG 15 L 3.12). However, this can incur comparably high costs.
4.3 Extending the fictitious certificate
If your fictitious certificate has expired, it must be renewed. Contrary to popular belief, however, your stay does not become illegal when the fictitious certificate expires . The fictitious effect therefore occurs independently of the issuance of the fictitious certificate. The issuance of the fictitious certificate only has a “ declaratory effect ”. The fictitious certificate therefore does not permit the stay (constitutive effect), but only certifies that the stay is permitted (declaratory effect).
5. What can I do if I am not issued a fictitious certificate?
Many people have the problem that they do not receive a fictitious certificate, although they are entitled to one. In principle, you are entitled to be issued with a fictitious certificate (§§ 81 para. 3, para. 4 AufenthG). However, a fictitious certificate is not necessary to trigger the fictitious effect (so-called declaratory effect of the fictitious certificate). In concrete terms, this means that the legal effects of the fictitious certificate also apply if one has not been issued. All that is required is that you submit an application before the legality of your stay expires. The immigration authorities do not have to confirm this to you additionally.
If the immigration authorities do not issue you with a fictitious certificate, you can hire a lawyer to obtain one . A lawyer can issue you with a letter of attorney regarding the occurrence of the fictitious effect. This letter of attorney is accepted by most authorities. The lawyer can also apply to the administrative court for an interim injunction. The administrative court will then order that the immigration authorities must issue a fictitious certificate.
6. FAQ (Fictitious Certificate)
Difference between fictitious certificate and residence permit
The fictitious certificate is not a residence permit. It merely confirms that your stay in Germany is permitted. If you previously held a residence permit, the fictitious certificate also confirms that this residence permit remains valid until a decision is made by the immigration authorities.
Where can I apply for the fictitious certificate?
The fictitious certificate must generally be applied for at your local immigration office. Which authority is responsible for you depends on your place of residence.
Can I apply for the fictitious certificate online?
The fictitious certificate can be applied for online if your immigration office provides a corresponding online system. Most major immigration offices now offer online applications for the fictitious certificate (see, for example, how to apply for a fictitious certificate online in Düsseldorf ).
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 to renew the fictitious certificate without an appointment at the service desk.
Is there a form to apply for a fictitious certificate?
No, there is generally no form for applying for a fictitious certificate. Most immigration authorities only offer forms for applying for residence permits.
Special case: Are fictitious certificates also issued to foreigners from Ukraine?
Yes, in principle, fictitious residence permits are also issued to people who have fled Ukraine. It is irrelevant whether the refugees actually have Ukrainian nationality. The foreign national must simply have made use of the Ukraine Residence Transitional Ordinance, regardless of whether the applicant is also from Ukraine (VGH Baden-Württemberg, decision of October 26, 2022 - 11 S 1467/22).
Can my application for a fictitious certificate be rejected?
No! Although 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. The Residence Act states that a fictitious certificate must always be issued after an application for a residence permit has been submitted.
Will I receive a fictitious certificate if I am in Germany with a Schengen visa and then apply for a residence permit?
No. Normally, a Schengen stay would be considered a legal stay, meaning a fictitious residence permit could be issued. However, the legislature has made an exception for the Schengen visa to prevent foreigners from exploiting the Schengen visa to stay in Germany. Therefore, a fictitious residence permit cannot be applied for with a Schengen visa (Section 81 (4) Sentence 2 of the Residence Act).
What should I do if my fictitious certificate has expired?
Renewing your fictitious certificate is usually straightforward. You simply need to contact your caseworker about the renewal or visit the immigration office.
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, even if you have lost the fictitious certificate (declaratory effect of the fictitious certificate). You simply need to apply for a new fictitious certificate at your immigration office.
How often can the fictitious certificate be renewed?
There is no rule regarding how often the fictitious certificate can be renewed. The fictitious certificate can be renewed indefinitely, as long as the immigration authorities have not decided on your application for a residence permit.
How long is the fictitious certificate valid?
How long the fictitious certificate is valid depends on your caseworker. Most fictitious certificates are issued with a validity of 3-6 months.
Does the job center accept a fictitious certificate?
Whether the job center (or other authorities) accepts the fictitious certificate depends on the caseworker. However, many authorities (including the job center) accept fictitious certificates as proof of residence permit.
How much does a fictitious certificate cost?
The issuance of a fictitious certificate costs 13 euros (Section 47 Paragraph 1 No. 8 Residence Ordinance).
7. Conclusion
The fictitious certificate is a key instrument of residence law that ensures that foreign nationals may legally remain in Germany even after their previous residence permit has expired, provided an extension or follow-up application has been submitted in a timely manner. It certifies the so-called "fictitious effect" pursuant to Section 81 Paragraphs 3 and 4 of the Residence Act (AufenthG), thus enabling an uninterrupted stay. Whether freedom of travel or the right to work continues to exist depends largely on the type of fictitious certificate and the previous residence permit. In particular, with fictitious certificates pursuant to Section 81 Paragraph 4 of the Residence Act, the rights arising from the previous residence permit—for example, the right to work or travel abroad—generally remain in full force and effect.
Issuance is generally done ex officio, but in practice often fails due to the overburdening of immigration authorities. This makes it all the more important to seek legal assistance early on to avoid delays or legal uncertainty. Even though possession of the certificate is declaratory, i.e., not a prerequisite for legal residence, it can be of considerable importance in communication with authorities, employers, or when traveling. Those who do not receive a fictitious certificate despite meeting the requirements can, if necessary, enforce this in court. The fictitious certificate thus not only protects against a stay in a legal gray area, but also offers a legally secure interim solution until a decision is made on the actual residence permit.
Further information
Certificate of fiction from the Berlin State Office for Immigration
List of sources
[1] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[2] Visa Handbook, Certificate of Declared Immigration, 70th Supplement, as of December 2019
[3] 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
[4] 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
[5] Regarding urgency within the meaning of Section 123 of the Code of Administrative Court Procedure (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
