Possibilities of getting a temporary residence permit

Mwarenga • 25 September 2023

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Hello Managers,

I have this long enquiry and I am not sure what I will face regarding the immigration decision to obtain a temporary residence permit.

I entered Germany with a national visa (D) for advanced training internship (Weiterbildung), for which I had to apply for a temporary residence permit within the validity of the visa but unfortunately the employer (Claimed to have the responsibility of applying for my residence permit and extension) submitted it late and I got the appointment while the visa was expired one month later. The immigration office provided me with BESCHEINIGUNG UBER DIE BEANTRAGUNG EINES AUFENTHALTSTITELS under section 81 Abs. 3, satz 2 AufenthG als geduldet for six month validity. Again the employer said he had not got the feedback up to when the issued documents expired again.

So as for now we have filled the application form for application for inssuance or extension of residence permit and waiting for the feeedback.

Now my concerns are

1. Which documents will I use to verify my legal stay before I hear again from the immigration?.

2. Is everything alright with the procedures that I take through?

3.Will this destroy my legal status in the country?

4. Is my employer not doing the right thing?

5. can it take more than six months without getting feedback from immigration?

6. How can I clear myself and have the right identification.

Thank you and I look forward to hearing from you.

Kategorie

Residence permit

Answers (5)

Moderation

My Nguyen_Community Managerin • 7 months ago

Dear Mwarenga thank you for reaching out to us.
As far as I understand your situation, you received an additional green sheet (or a document), which is called "Fiktionsbescheinigung". With that documents you are fine until you receive your next appointment or the approval from the foreigners department.
Is it correct that your employer applied for your residence permit within the duration of your valid visa and you just received an appointment after your expiration date? In general, since the foreigners departments are all overloaded with work, it is fine, if you applied for an appointment before your visa/residence permit expires. This is the only important to do. In case you or your employer done that in time, you are fine. Your visa/residence permit, even if it already expired, will extend automatically. Please note, that after your expiration date you are allowed to stay and travel within Germany but cannot travel abroad, unless you have the actual document "Fiktionsbescheinigung".
Nevertheless, I will answer your questions according to your numbers:
1. You need to carry your passport, visa/residence permit and the document according to §81, which confirms your extension.
2. As far as I understood, everything seems ok. Now you just need to wait until the foreigners department checked your documents and assign you a new appointment to apply for your residence permit.
3. & 4. In case you or your employer did it in the timeline, I have mentioned above, there shouldn't be a problem.
5. Unfortunately, this depends on your local foreigners department and their work load. However, as I mentioned, in case you applied for an appointment before your expiration date, you should be fine, even if the process takes longer than the 6 months. Only travelling will be a problem. Therefore you will need to apply for another "Fiktionsbescheinigung".
6. You will receive a new document with the next appointment at the foreigners department.
There are migration counselling centeres, where you can reach out to to discuss your situation. They can go through your documents with you. If you want to share the city you are currently living, I can support you find a counselling center. Alternatively, you can enter your zip code here and find a local center yourself: https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/
Please let me know if you have further questions.

Mwarenga • 7 months ago

Hello Nguyen,

Thank you for a reply and I would like to clarify some details according to your questions as follows.

Is it correct that your employer applied for your residence permit within the duration of your valid visa and you just received an appointment after your expiration date? The answer is NO, the employer applied one month after the visa expiration and when I attended for the interview they gave me that document BESCHEINIGUNG UBER DIE BEANTRAGUNG EINES AUFENTHALTSTITELS which had six month validity. The document have expired already but according to the employer the new application have been sent already. Thus my concern was if I am still in a safe side and if not how to make sure I do not get further problems.

Moderation

My Nguyen_Community Managerin • 7 months ago

Thank you for the clarification, Mwarenga
Do I understand correctly, that your additional document (the so-called "Fiktionsbescheinigung", which should look like the attachment) the foreigners department issued you at the last appointment also expired? I am not quite sure if I understand why your employer sent a new application. Was the first application already processed?
May I ask in which city you are currently living? I can support you find a migration councelling for you. With them you can go through your documents in detail and they can guide you with the next steps. Alternatively, you can have a look on this search mask: https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/
Happy if you get back to me, so I can answer you more properly or support you finding a counselling.

Mwarenga • 7 months ago

Nguyen,

The document I got on my last appointment with the foreigners department was not FIKTIONSBESCHEINIGUNG and does not look like the one you attached here. It was a black and white form with the tittle BESCHEINIGUNG UBER DIE BEANTRAGUNG EINES AUFENTHALTSTITELS and a validity of 6 months and expired on August.

As all communications from the foreigners department were passing through the employer I asked on the feedback from the last appointment and what can I have now as a valid document, The response from the employer was no news from the foreigners office and he had to file another application and according to him he has sent it through the mail. As a result up to now I have no valid document on hand to show my current residence status.

Thanks for the link to get the migration counselling center, I will use that tool. Meanwhile I look forward for your assistance as it stress me a lot.

Moderation

My Nguyen_Community Managerin • 7 months ago

Thanks for getting back to me, Mwarenga
It seems like your employer re-applied because they were asked to. This means, that the foreigners department is working on your case and will get back to you after they have reviewed your documents. Since the foreigners department issued you a confirmation of your application for residence permit, you should be fine until they will get back to you and decide otherwise.
Our expert, Jens Leuner Faire Integration BB might has further suggestions for you.
Please let me know if you need any support finding a suitable counselling or have further question.