With the fictional certificate, the immigration authorities are able to prove that the applicant has a provisional right to reside in the federal territory. This is frequently required for the issuance or extension of a residence permit.
In order for a foreigner to reside legally in the federal territory, a legal regulation is necessary for the period between the application for a residence permit and the decision of the foreigners authority.The foreigner, therefore, is given a Fiction certificate for the processing period, which proves that he is legally and not punishable for remaining on federal territory.
The following cases are essentially regulated in the provisions of the law on foreign nationals:
1. Residence with a residence title (Fortgeltungsfiktion)
If the foreigner has a residence title and applies for an extension or another residence title in good time before it expires, the previous residence title is considered to continue to exist until the foreigners authority has made a decision
This circumstance has the consequence that all effects linked to the residence permit continue to apply, including the permit to work and travel across Schengen and non Schengen countries. In concrete terms, this means that the foreigner is treated as if he had a residence permit, with all the legal consequences.
In addition, Fortgeltungsfiktion entitles you to (re-)enter Germany (also without a visa).
2. Late application (Duldungsfiktion)
Foreigners who submit their applications late are considered to have suspended deportation from the time they apply. As a result, foreigners are treated as if they had a toleration certificate.
The person cannot be deported until an official decision is made on the application, even if he does not have a residence permit.
3. First-time application for a residence title (Erlaubnisfiktion)
The stay of a foreigner who is legally resident in Germany and applies for a residence title without having one is considered permitted until the application is decided.
The so-called positive states, who were able to enter the federal territory without a visa, are regularly affected by this regulation.
For foreigners applying for their first residence permit, gainful employment is prohibited until the application is decided.
The fictional permit does not entitle you to (re-)enter Germany.
4.Electronic residence permit (eAT) and employment
Upon issuance of the eAT for training or employment, this residency title includes training and employment to the extent permitted by the foreigner's residence authority. The fictional certificate will include this permission.
In addition, this regulation also applies in the event of a change of employer, continued employment after a previously fixed-term employment relationship or even first-time employment.
The fictional certificate is issued on a standard form.
Special case: Recognized persons entitled to protection
Due to the special legal situation, the fictional effect for the group of persons recognized as entitled to protection (persons entitled to asylum, recognized refugees and persons entitled to subsidiary protection) does not only arise when they apply for a residence permit, which is why the provision on the fictional certificate is not directly applicable.
A fictional certificate will be issued to those affected to demonstrate the lawfulness of their stay, retaining their previous residence permit. With the help of the fictional certificate, the residence permit and the proof of application from the immigration authorities, people who are affected can open a basic current account or apply for social benefits among other possibilities.
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