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I submitted a renewal application for my residence permit at the Landesamt für Einwanderung in Berlin last October, but the office is so overloaded that my permit expired before I received the new one. I am planning to leave the country for a month, and my current permit is a sticker in my passport. It might be worth noting that that it was a collective application through my university.

Is it possible for me to re-enter Germany if I have an official paper stating that my application was submitted, even though I don't have my residence permit? I am normally allowed to enter Germany as a tourist for 3 months without a visa due to my nationality.

Mark Johnson
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    Do you mean your residence permit? Did you apply for a Fiktionsbescheinigung? – xngtng Dec 21 '22 at 16:17
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    Can you please add your nationality? – Willeke Dec 21 '22 at 16:55
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    Students don't renew visas. They apply for residence permits or their renewal. Visa is not the same as residence pernit. In its current form, your question is quite confusing, and there is no context. – Thomas Cruise Dec 21 '22 at 17:45
  • Can you describe the document that you applied to renew? Is it a sticker in your passport? Is it a separate card? Where did you submit the application -- what is the name of the office and what city is it in? How would you plan to show that your application was submitted -- did you get some sort of receipt when you submitted the application? If so, what does it say? – phoog Dec 21 '22 at 20:54
  • Sorry for all the missing details and using the wrong term. I updated the question according to your requests. –  Dec 22 '22 at 18:27
  • Luckily I just got news that I got an appointment for January 9th to renew my residence permit, that is 9 days before my planned travels. I'll leave the question here in case it is useful for someone else. Many thanks –  Dec 22 '22 at 18:29

1 Answers1

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It's complicated.

A complete residence permit application allows you to stay in Germany according to § 81 Abs. 3 and 4 AufenthG. You have a Fiktionswirkung that allows you to stay in Germany.

However, you need a Fiktionsbescheinigung to prove that there is a Fiktionswirkung. It's a specific paper certificate that border authorities are supposed to recognise.

  • If you have a Fiktionsbescheinigung, and it's the §81 Abs. 4 type, then you can travel and re-enter Germany with an expired residence permit.
  • If you don't have a Fiktionsbescheinigung, but you are a citizen of a §41 Abs. 1 AufenthV country, you can travel and re-enter Germany. This was confirmed by two lawyers, and multiple emails from the German border police. However, this is a policy, not a law. It can change without warning.

I wrote an extensive guide about the Fiktionsbescheinigung that explains those concepts. I update it when there is new information.

nicbou
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