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Residency Status and Fiktionsbescheinigung in Germany: what actually matters to know

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ruleIf a non-EU citizen (e.g., Russian citizen) who previously held a residence permit under Paragraph 24 (humanitarian protection) in Germany leaves the country for more than six months, their Paragraph 24 status is likely automatically annulled under § 51 (1) No.
7 AufenthG. Voluntary return to the country of citizenship (if that country is not deemed unsafe, e.g., Russia) can also be interpreted as abandoning the basis for protection (§ 51 (1) No. 6 AufenthG). Family reunification with a spouse and/or minor child who remain in Germany on Paragraph 24 status is the primary path to re-entry and legal residence. Options for re-entry: 1. Obtain a Schengen visa from another EU country, enter Germany, and apply for family reunification at the local Ausländerbehörde. 2. Apply for a family reunification visa at the German Embassy (generally a more complex and lengthy process). If the spouse is also on Paragraph 24, reunification based on spouse may be difficult if they cannot demonstrate financial self-sufficiency. Reunification through a minor child (also on Paragraph 24) might be a more viable option as parental care obligations are prioritized. It's advisable to prepare a plausible explanation for the extended absence when dealing with German immigration authorities. Consult the German Embassy for specific guidance.
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ruleWhen applying for or extending a German residence permit (Aufenthaltstitel), individuals may receive a Fiktionsbescheinigung.
This document confirms the application is in progress but the electronic residence permit is not yet issued. Travel permissions depend on the specific endorsement on the Fiktionsbescheinigung, particularly §81 section 4, which may allow travel within the EU. Travel to non-EU Schengen countries like Switzerland might require specific annotations on the document. Always verify travel eligibility with the relevant immigration authorities (Ausländerbehörde) or border control before departure.
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ruleA Fiktionsbescheinigung issued under §81 Abs.
4 AufenthG (German Residence Act) permits its holder to travel within the Schengen area while awaiting the final issuance of their residence permit, provided the previous permit or visa was still valid at the time of application for the new permit. This status allows entry and exit from Schengen countries (e.g., Lithuania, Poland) to third countries (e.g., Belarus) and re-entry into Schengen. It's crucial that the specific paragraph §81 Abs. 4 is marked on the Fiktionsbescheinigung.
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tipIndividuals holding a Fiktionsbescheinigung §4 (81 Abs.
4), which extends a German visa for one year, and who travel to Russia may be able to re-enter Germany. While re-entry is generally possible, potentially via transit countries like Turkey, it is advised to avoid transit through Armenia. It is recommended to verify current immigration regulations and potential risks before departure.
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