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I am from Asia and came to Germany with a job seeking visa. Until now I got a work permit for a 2 month trial time, which is over now. My employer offered me a new work contract for 1 year. I handed it in to the foreigner office and am still waiting for a reply concerning the new work permit.

The problem is just that my visa expires in the next days. I fear that it might happen that my work contract will be not accepted (no work permit) few days before my visa expires, leaving me with very few time to react and find a new solution.

So my question is: What would be the best thing to do in this situation?

user954843ß583ß4
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  • What prevents you from searching for new solutions now? Isn't it better to have a few opportunities running in parallel? – Marc Dingena Nov 22 '18 at 08:00

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If the decision on new residence permit will not be issued until current visa expires, it makes sense to go to the Ausländerbehörde and get Fiktionsbescheinigung before it expires, i.e right now.

If the visa or residence permit is expired, one is also not allowed to work anymore. Literally, one should not come to the work place the next day after it expires.

However, in general, this should not be a big issue. First, if the documents are being processed, the current national visa or residence permit automatically stays valid even after its expiration date according to the § 81 Abs. 4 of the immigration law. Second, one should have the right to get the Fiktionsbescheinigung according to the same § 81 Abs. 4.

The only problem may be that § 81 Abs. 4 is valid for residence permits, and not visas from §6 Abs. 1 (as I have understood, it means that only tourist visas are excluded from this "automatic prolongation", please read that § carefully yourself). If one has job seeking visa, this visa category should fall into automatic prolongation rule.

Anyhow, one can get the Fiktionsbescheinigung to be "on the safe side".

P.S. I'm not a lawyer.

Andrey Sapegin
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