Considerations Surrounding Germany’s “Interim Permit”
February 13, 2024
Those familiar with the German immigration system and the country’s immigration processes will likely be familiar with what is known as the “interim permit,” or Fiktionsbescheinigung.
This blog discusses what the interim permit is, why it is needed and how it can be obtained.
Why are interim permits used?
Many applicants within the German immigration system find that responses to their applications are provided when the visa, residence permit or 90 visa-free days have expired.
To prevent an applicant from slipping into illegality, German residence law provides for the so-called interim effect (Fiktionswirkung), meaning that as soon as an application has been filed with the local immigration office before the expiration of the old work permit, entry visa or the 90 allotted Schengen Area days, the filing has the legal effect of upholding the current permit or entry visa even beyond its expiration date.
This legal effect occurs regardless of whether the interim permit is issued, as the permit itself is purely declaratory.
The interim permit enables the foreigner to do two things, including:
- prove their status in an uncomplicated manner, even in the event of a police check; and
- allow for some travel, as the interim permit serves as a valid travel document under certain circumstances.
Types of interim permits
Three different types of interim permits are relevant in the case of labour migration, as described below.
Interim permit as an “extension” of a visa or residence permit
This type of interim permit covers foreigners who are already legally residing in Germany based on a residence permit or visa and apply for its extension or amendment.
In these cases, the residence permit is deemed to continue to exist until the local immigration office decides on the application. Furthermore, the interim permit is a valid travel document and grants mobility even after the visa/permit has expired.
Interim permit as an "extension" of a visa-free stay
In cases where someone enters the country from “privileged countries” (the US, UK, Australia, Andorra, Japan, Canada, Korea, Monaco, New Zealand, North Ireland or San Marino), they must apply for a residence permit within the first 90 days.
To be able to prove legal residence after 90 days, an interim permit can be issued. However, this does not authorise the holder to travel. The same applies to children who were born in Germany but have not yet received a residence permit.
Interim permits that already allow the future residence permit to apply
It can take several weeks between the decision of the immigration office to issue the (new) residence permit and the actual issuance of the residence card since the residence card is produced in a complex printing process.
However, to make it possible to assume or change employment, the immigration office can issue an interim permit that already refers to the future residence permit.
Note that the fictitious effect only occurs if the interim permit itself is issued.
Obtaining an interim permit
In principle, German law stipulates that an interim permit must be issued (i.e., the authority must comply with the request for issuance if there is a fictitious effect). However, the law does not specify when the certificate must be issued. As the majority of immigration offices are severely backlogged, it is becoming increasingly difficult to obtain interim permits promptly.
We recommend contacting the immigration office and asking for an interim permit to be issued, stating the reasons behind your request. In principle, the immigration office must issue the certificate, regardless of whether there is an urgent reason or not. However, some immigration offices (such as the KVR Munich) have started to issue interim permits only in case an urgent reason can be evidenced.
An emergency may therefore exist if an urgent trip that cannot be postponed depends on the interim permit or if the employer threatens to release the applicant from work.
Even if a grave personal reason for travel can be demonstrated, outcomes are currently unpredictable, and processing times of the immigration offices can take up to several months.
Challenges may also occur at the respective immigration offices. This may involve long queueing, inconvenient and inflexible appointment times, additional document requests, as well as multiple follow-ups with the immigration authorities.
Need to know more?
For further information on German immigration requirements and interim permits, please contact Senior Associate Isabel Schnitzler at [email protected].
This blog was published on 13 February 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.