Entering Germany with a Fiktionsbescheinigung

Entering Germany with a Fiktionsbescheinigung - People Walking on Gray Concrete Pathway Near Beige Concrete Building

I have a US passport. My 90/180 days visa-free stay in Europe is ending soon, and then, under normal circumstances, I will be able to return to Europe only in January 2017.

I have to leave the country next week for some meetings and want to return in a month. I have applied for a German Residence Permit, but it won't be ready before I leave. I will get a Fiktionsbescheinigung (a provisional Residence Permit) before I leave next week, but my question is: Can I re-enter Germany (and by extension, other Schengen countries) with the Fiktionsbescheinigung even if I have used up my 90/180 days?

My doubt stems from not knowing whether a Fiktionsbescheinigung just makes it legal to stay in Germany beyond the end of the 90 visa-free days, or that it also allows traveling out of Germany and re-entering.

From the article linked above:

If a currently valid residence permit (temporary residence permit or national visa for long-term durations - Category D - ) is available, a fictional certificate according to § 81 Section 4 of the Residence Act will be issued.

In this case, the residence permit and all supplementary regulations (also regarding the stipulations concerning gainful employment) remain in force until a decision has been made in relation to the application. Journeys abroad and re-entry into the area of the Republic are possible with a valid fictional certificate in accordance with § 81 Section 4 of the Residence Act.

If the male or female applicant is lawfully resident without a visa in the Federal Republic, because he or she is entitled to be by virtue of his/her nationality, the fictional certificate will be issued in accordance with § 81 Section 3 of the Residence Act.

This permits residence in the area of the Federal Republic until a decision has been made regarding the application. This fictional certification, however, does not permit re-entry into the territory of the Federal Republic. It also does not permit the commencement of gainful employment.

From my (pessimistic reading), I seem to fall under the §81 Section 3 of the Residence Act (lawfully resident without a visa in the Federal Republic,… by virtue of my nationality).






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Entering Germany with a Fiktionsbescheinigung - Aerial View of City Buildings
Entering Germany with a Fiktionsbescheinigung - Aerial View of City Buildings
Entering Germany with a Fiktionsbescheinigung - Gray Concrete Castle during Night Time



Can you travel to Germany with Fiktionsbescheinigung?

Should you receive a 'Duldungsfiktion' or an 'Erlaubnisfiktion' (\xa781.3) for any particular reason, you are not permitted to travel with this permit. These types of temporary residence permit only allow you to prolong your stay in Germany.

Can I travel outside Europe with Fiktionsbescheinigung?

Can I travel with a temporary residence permit (Fiktionsbescheinigung)? If possible, you should avoid travelling outside the EU with a temporary residence permit. Indeed, the type of temporary residence permit that you have will determine whether travel outside of Germany is at all possible.

Is Fiktionsbescheinigung residence permit?

A Fiktionsbescheinigung is a temporary residence permit. It lets you stay in Germany while you wait for another residence permit. For example, the Ausl\xe4nderbeh\xf6rde can give you a Fiktionsbescheinigung if your old residence permit expires soon, and your new residence permit is not yet approved.

Can I travel to India from Germany with Fiktionsbescheinigung?

Am I eligible to travel? If you have a Fiktionsbescheinigung stating \u201cder Aufenthaltstitel als fortbestehend (\xa781 Abs. 4 AufenthG)\u201d you are eligible to travel back to Germany. Please make sure to carry your previous residence permit (or a copy) with you all the time.



GERMANY RESIDENCE PERMIT REQUIREMENTS 2022 | WHAT IS FIKTIONSBESCHEINIGUNG?




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Shrinish Donde, Masood Aslami, Masood Aslami, Andrej Gelenberg