526 views
If one parent having fictional certificate and living in germany for seven years and baby born what status baby will get
asked Jan 10, 2022 in Legal advice by Fadiyaho | 526 views

Please log in or register to answer this question.

1 Answer

0 votes

Dear @Fadiyaho,

Welcome back to the Wefugees Community and thank you for your interesting question.

I assume that the answer is depending on some relevant details as the type of the fictional certificate (Fiktionsbescheinigung): Was it issued according to § 81 Section 4 or Section 3 of the German Residence Act? The fictional certficate according to Section 4, for instance, is issued if the applicant holds a currently valid residence permit, the decision on the new application is, however, still pending. Please see more information on the difference between these "types" of the ficitonal certificate here. In this case, the in Germany born child may be issued a residence permit according to Section 33 of the German Residence Act. If the other parent is holding a residence permit as well, the issuing might happen automatically. In case the other parent is not holding a valid residence permit (but a "Duldung", for instance), you would need to apply for it at the immigration office. 

Dear @mbe-on_Zsigó or @mbeon-fardeen, are my explanations correct and do you want to add anything?

Please also don't hesitate to get back to us with any further question.

All the best,

Meike

answered Jan 14, 2022 by Meike
Hello Meike,
I would like to get better understanding about the matter concerning to pending decision from the Ausländerbehörde with regards to Fiktionsbescheinigung application.
I know someone who residence permit renewal was granted and he was invited to Ausländerbehörde for finger prints and Foto.
His current residence permit is still valid for one month.
Now after going through all those formalities, they issued him a Fiktionsbescheinigung valid for 6 months, but he was told that his residence permit will be ready in 4 weeks.
So my question is, can this also be called a pending decision from Ausländerbehörde even though the extension of the residence permit decision is final.

Best regards
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,207 questions
6,188 answers
8,075 comments
139,192 users