Fiktionsbescheinigung: Can Your Employee Keep Working?

The answer needs review and confirmation, case by case. There is no general yes or no — and that is exactly why this is a situation everyone hopes to avoid.

It usually happens for an avoidable reason: the application for the new permit was late, incorrect, or went to the wrong authority. What follows is uncertainty about whether the person may work, compliance risk for you, and a lot of stress for the employee.

This guide covers how to avoid the situation, what to check if you are already in it, and how it gets resolved.

Key takeaways

The answer: always case by case. There is no general yes or no.
The usual cause: an application for the new permit that was late, incorrect, or went to the wrong authority.
Fiktionswirkung: the legal effect. It applies when the application is submitted. No document has to be issued for it to exist.
In theory: the employee keeps their old permit’s rights until a decision is made, so they can carry on working.
In practice: do not rely on that. Apply early enough that the gap never opens.
Fiktionsbescheinigung: the official confirmation that the application was submitted. Not automatic — it has to be requested.
What it confirms: that the employee may stay in Germany. Not necessarily that they may work — read what the immigration office wrote on it.
Travel: if the permit has expired, no travel unless the certificate expressly allows it.
Extension vs permit change: two different situations. The change is where employers get caught out.
Your liability: checking work authorisation is the employer’s duty (§4a AufenthG), with fines up to €500,000 (§404 SGB III).

Written for HR, global mobility, and immigration teams. Reflects current German rules in 2026. General information, not legal or immigration advice — every case has to be reviewed individually.

Fiktionswirkung vs Fiktionsbescheinigung: what is the difference?

These two words get used as if they mean the same thing. They do not, and most of the confusion in this area comes from mixing them up.

Fiktionswirkung — the legal effect

When your employee submits an application to the immigration office, the law treats their situation as if something were still true until a decision is made — either that their old permit still exists, or that their stay is permitted. That is the Fiktionswirkung, and it sits in §81 AufenthG.

It applies when the application is submitted. No document has to be issued for it to exist. The proof of it is the confirmation of the submitted application.

What the law says: the employee keeps the same rights they had under their old permit until a decision is made on the new application. So in theory they can carry on working on the same terms as before.

In practice, we recommend not relying on that. The safer approach is to avoid the situation entirely, by submitting the application early enough that the new permit is decided before the old one runs out. Where it does arise, a Fiktionsbescheinigung should be requested at the responsible immigration office — that document is the official confirmation of the position.

Fiktionsbescheinigung — the document

The Fiktionsbescheinigung is the document the Ausländerbehörde issues as the official confirmation that the application was submitted and that the fiction applies. It is the proof — which is exactly why it matters to HR. Three things to know about it:

It confirms lawful stay — not necessarily work or travel

Its main function is confirming that the employee may remain in Germany while the immigration office decides. Employment has to be stated on it, and travel needs separate confirmation. Neither can be assumed from the fact that a certificate exists.

It is not issued automatically, and obtaining one is not straightforward

It has to be applied for with the immigration office. Practice differs from city to city, appointments and processing time are involved, and some offices send it by post. This is not a quick form — it needs to be handled properly and early.

It is only needed when there is a gap to bridge

Not every case needs one. It becomes relevant when the old permit has expired, or will expire, before the immigration office decides on the new application — and when the employee needs official confirmation of their status, for example to travel. Where the new permit is decided in time, no certificate is required at all.

When an employee hands you a Fiktionsbescheinigung, the answer is not in the word at the top of the page. It is in what the immigration office wrote on it. Read the document, every time.

Which type of Fiktion applies to your employee

A Fiktionsbescheinigung is a form with checkboxes, and the paragraph that is ticked tells you which situation your employee is in. This is the first thing to look at, because the three situations are very different.

§81 Abs. 4

The employee held a permit and applied before it expired

The law treats the old permit as continuing until the immigration office decides. This is the situation with the best starting point for continued employment — but what the old permit allowed, and what the certificate says, still both have to be checked.

§81 Abs. 3

The employee is lawfully in Germany without a permit and has applied for a first one

Typically after visa-free entry as a US, UK, Canadian, Australian, Japanese, South Korean, or Israeli national. The stay is treated as permitted while the immigration office decides. This says nothing about employment on its own, so the position has to be established for the individual case.

Applied late

The application was submitted after the permit or lawful stay had already expired

The automatic continuation does not apply here. The immigration office can decide to let the old permit continue anyway, to avoid undue hardship (§81 Abs. 4 AufenthG), but that is a discretionary decision and not something to count on. Continued employment cannot be assumed — the position has to be established with the immigration office before the employee works.

Submitting the application before the old permit expires is what keeps a case out of the third situation.

Can your employee keep working while the permit application is pending?

There is no single answer to this, and anyone who gives you one without looking at the case is guessing. What we can give you is the list of things that have to be considered before the employee works. Work through them in this order:

Check when the current permit expires. That tells you whether there is a gap at all, and how much time you have.
Check what has been applied for. A straight extension on the same conditions is one thing. A change of conditions, or a different permit type, is another.
Check whether a Fiktionsbescheinigung has been issued. There may not be one — it is not automatic, and not every case needs one.
If there is one, read what it says about employment. That is where the answer sits — not in the fact that the document exists.
Check when the Fiktionsbescheinigung expires. It has its own date, and that date can fall before the new permit is decided.

Make sure all of these have been considered before the employee carries on working. If anything is unclear, get in touch — we are always happy to confirm whether an employee has the right to work.

Can your employee travel while the permit application is pending?

If the permit has expired, the employee cannot travel — unless they hold a Fiktionsbescheinigung that expressly allows travel.

The wider travel picture — how long each permit type allows abroad, passport validity margins, and the tax and A1 questions that come up when someone actually works abroad — is in the summer travel compliance checklist for HR.

How and when to apply for a Fiktionsbescheinigung

Two things to get right here, and they are separate. The application for the new permit is what creates the Fiktionswirkung. The Fiktionsbescheinigung is a separate request, and it is only needed if the current permit runs out before the decision comes.

Submit the application for the new permit before the current one expires

This is what makes the difference between the old permit continuing and it simply lapsing. Aim to submit 8 to 12 weeks ahead. Many immigration offices accept applications up to three or six months in advance.

If the current permit will expire before the decision, request a Fiktionsbescheinigung

Ask for it at the responsible immigration office. It is not issued automatically, every city handles it differently, and it can take weeks — so start early.

Confirm the Fiktionsbescheinigung allows work

Check what it actually says about employment before the employee carries on working. Keep a copy of both sides in the personnel file, alongside a copy of the expiring permit.

Track how long the Fiktionsbescheinigung is valid

It has its own expiry date, and that date can fall before the new permit is decided. If the application still has not been processed by then, a new Fiktionsbescheinigung may be needed — so watch the date rather than assuming it lasts until the decision.

How relokate helps employers

Our first job is making sure you never end up in this situation. Around nine out of ten of these cases happen for one of two reasons: the permit extension was not applied for in time, or the application was not submitted correctly — because the employee was left to handle it on their own.

relokate takes that over for you and your employees, so the gap never opens in the first place.

And where a case does end up there, we request the Fiktionsbescheinigung for your employee and tell you what applies. You always know where you stand — without having to work it out yourself.

Talk to us about avoiding these situations →

Frequently asked questions

Can an employee work with a Fiktionsbescheinigung?

This has to be reviewed and confirmed case by case — there is no general yes or no. It depends on which permit the employee held, what they have applied for, whether it is an extension or a change to a different permit type, and when they applied. Where the employee applied before their permit expired, in theory they keep the rights they had under the old permit until a decision is made. Even then, the certificate has to state that employment is permitted and the restrictions on it have to match the job. If the old permit did not allow work, no certificate creates that right.

What is the difference between Fiktionswirkung and Fiktionsbescheinigung?

Fiktionswirkung is the legal effect. It applies when the application is submitted to the immigration office (§81 AufenthG) and no document has to be issued for it to exist. In theory it means the employee keeps the rights they had under their old permit until a decision is made. The Fiktionsbescheinigung is the document the immigration office issues as the official confirmation that the application was submitted and that the fiction applies.

Is a Fiktionsbescheinigung issued automatically?

No. It has to be requested at the responsible immigration office, and obtaining one is not straightforward — practice differs between cities and it takes time. It is also not needed in every case: it becomes relevant when the old permit has expired, or will expire, before the new permit is decided, or when the employee needs official confirmation of their status, for example to travel. Where the new permit is decided in time, no certificate is required at all.

Can an employee travel while their permit application is pending?

If the permit has expired, the employee cannot travel unless they hold a Fiktionsbescheinigung that expressly allows travel. A certificate that says nothing about travel will not get them back into Germany. Where travel is necessary, this needs to be raised with the responsible immigration office well in advance, because turnaround varies and some offices send the document by post.

When should an employee apply to extend a German residence permit?

Before the current permit expires. In practice, aim to submit 8 to 12 weeks ahead, and keep the confirmation once it is submitted. Many immigration offices accept applications up to three or six months in advance.

Can a graduate start full-time work while their Blue Card application is pending?

Usually not, and this is the most common mistake in this area. A change of permit type carries forward only the old permit's work rights — so a graduate switching from a student permit keeps student work limits (140 full days or 280 half days per year), not full-time employment. Full-time work becomes lawful once the immigration office has started issuing the new permit, because §81 Abs. 5a then applies the new permit's employment rights before the card is handed over. Until that is confirmed in writing, either keep the graduate within student limits or move the start date.

How long is a Fiktionsbescheinigung valid?

It is valid for the period printed on the certificate itself, and it can be extended while the application is still being processed. It ends when the immigration office decides on the application. Treat the printed expiry date as an HR deadline: if it passes without either a decision or an extension, the documented basis for employment is gone even though the application is still pending.

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About the author

Hanna Kovacs

Product Manager, Global Mobility

Professional experience across the US, Hungary, and Germany in product management and operations. Deep expertise in German immigration law and the regulatory landscape for skilled worker migration. At relokate, Hanna owns the product roadmap, drives platform automation, and develops the compliance frameworks and immigration content that HR teams rely on.

Related glossary terms

Fiktionsbescheinigung Aufenthaltstitel Arbeitserlaubnis (Work Permit)Ausländerbehörde

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