Can I travel with a Fiktionsbescheinigung to my country of origin and return back to Germany/EU

Question

Dear Wefugees Community,

My name is Sheku, I have a resident permit in Germany but it expired. I made an application for a permanent resident permit, the application is still in processing but I was issue a Fiktionsbescheinigung “Der Aufenthaltstitel als fortbestehen §81 abs 4 AufenthaltG”.

Please I would like to know as a holder of an expired resident permit §25 abs 5 and with a/the Fiktionsbescheinigung if I can travel to my country of Origin and return back to Germany/EU with the Fiktionsbescheinigung. The passport am using is from my country of Origin. A planning to go for an Holiday to my home country.

Kindly looking for any legal advice

Kind Regards

Sheku

Answer 1

Hi @SYK,

As I am not a lawyer I cannot provide legal advice but some information about travelling with a Fiktionsbescheinigung. With the type you have (§ 81 Abs. 4) you can travel. Bring it and your expired permit with you when travelling.

Here is information confirming this from the German Embassy in India (originally in German, I translated it online):

https://india-diplo-de.translate.goog/in-de/vertretungen/-/2464364?openAccordionId=item-2464374-2-panel&_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Here is also confirmation of it from the immigration authorities in Berlin:

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.

https://service.berlin.de/dienstleistung/326233/en/

Best,

Éanna

Answer 2

Hi Sheku
Your situation happen to me before i used fiktionbescheinigung going back to my home country in Asia then back to Germany witout a problem.