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My residence permit (104C) about to expire and I don’t have A2 language but going to write end of January 2025.Im working and should I request a temporary work permit while I’m busy fixing this residence permit thing ?
asked Dec 11, 2024 in Legal advice by Mashoko | 2,278 views
Thanks so much will do that as soon as possible

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Dear @Mashoko

Welcome back at Wefugees and thank you for your question. 

I highly recommend you to apply for the residence pemit according to section 25b before your current permit (104c) expires - especially if the proof of the language skills is the only requirement you still have to meet. Please also emphasize at the immigration office (Ausländerbehörde) that you have an appointment for the certificate already in January 2025. 

As far as I understood, the immigration office will issue a "Fiktionsbescheinigung" which will give you a bit time to add the required documents to your application. With the Fiktionsbescheinigung you are probably also allowed to work. 

Do you agree with my explanations dear @mbeon-fardenn or @mbeon-Éanna

All the best, 

Meike

answered Dec 16, 2024 by Meike
Yes, I agree. As long as you apply for the permit 25b before your permit 104c expires, then your status automatically continues until the Ausländerbehörde makes a decision on your application. The paper they issue which confirms this continuing status is called a 'Fiktionsbescheinigung'.
The Fiktionsbescheinigung allows you to continue to work. You do not have to apply for an additional work permit or anything else.
Thanks Meike.I received an email from the Ausländerbehode office stating exactly you just said.Here is a copy of the mail

Dear Mr.*****

On behalf of my colleague Ms. ***, I can inform you that I have issued you a fictitious certificate today. This is on its way to you by post.

I would like to use this opportunity to confirm in advance that your current residence permit is still valid in accordance with Section 81 Paragraph 4 of the Residence Act. You are therefore still permitted to work.

If you have any questions, my colleague Ms. *** will be happy to help.

Best regards
The district administrator

Public Order Office - Immigration Office
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