Fiktionsbescheinigung in Germany: Work Rights During Permit Renewal

A German employer faced uncertainty about whether an employee holding a renewed Fiktionsbescheinigung could begin working before their new residence permit was issued. The answer depends on the permit’s wording if the certificate includes Erwerbstätigkeit erlaubt (“employment permitted”), the employee can legally work.

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Summary: Employment eligibility

Aspect	Details
Origin Country	India
Destination Country	Germany
Service Type	Fictional Permit (Fiktionsbescheinigung)
Timeline	Typically aligned with original permit expiry and renewal cycles
Complexity	Medium — involves interim permits and employment legality confirmation
Key Challenges	Validating employment rights under a fictional permit, ensuring timely document submission
Platform Modules Used	Visa tracking, document management, HR compliance dashboard

The Question

An employer’s foreign employee previously held a residence permit that has since expired. The authorities issued a temporary fictional permit (Fiktionsbescheinigung) that was later renewed and is currently valid. The employee now only holds this document. Can they legally begin work from the start of the upcoming month?

The Answer

Yes. As the fictional permit states Erwerbstätigkeit erlaubt (employment permitted), the individual is legally allowed to start working from 1 October. No restrictions apply in this case.

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Fiktionsbescheinigung in Germany: Work Rights and Employer Compliance

Context & Background

Employers often encounter delays in residence permit renewals for their international hires in Germany. During these waiting periods, immigration offices issue a Fiktionsbescheinigung

(fictional certificate) to confirm continued legal residence. This document bridges the gap between the expiry of the existing residence permit and the decision on the new one.

However, many HR teams are uncertain about whether their employees can continue working while holding this temporary status—particularly when renewal takes several months.

The Challenge

An HR professional managing an international talent’s relocation to Germany faced this exact situation. The talent’s original residence permit had expired in January 2025, and they were issued a Fiktionsbescheinigung

valid until July 2025, which the authorities then extended.

With another employment start date approaching on 1 October, the HR team sought reassurance on whether work was legally permitted under the renewed fictional certificate.

Applicable Regulation / Jobbatical’s Approach

Under German immigration law, a Fiktionsbescheinigung extends the legal stay and—depending on its category—can also include work authorization. Specifically, when the certificate contains the statement Erwerbstätigkeit erlaubt, it grants the same work rights as the previous residence permit. Jobbatical reviewed the employee’s document and confirmed that employment could start from 1 October since the fictional certificate explicitly allowed work activities.

Outcome / Detailed Explanation

The employee maintained lawful residence throughout the renewal process.
The Fiktionsbescheinigung indicated “employment permitted,” ensuring continuous work eligibility.
No additional approval from immigration authorities was necessary as long as the wording on the certificate remained unchanged.

This approach ensured compliance while avoiding unnecessary delays or contract interruptions.

Employer or Talent Steps

Always check the wording on the Fiktionsbescheinigung. Look for Erwerbstätigkeit erlaubt or similar indications.
Retain a copy of both the expired residence permit and the active fictional certificate.
Inform HR and payroll departments that employment rights continue if the certificate permits work.
If the document states Erwerbstätigkeit nicht erlaubt, the holder must wait for the new permit’s approval before starting work.

Key Learnings / Takeaways

A Fiktionsbescheinigung ensures continuity of residence and, in some cases, work rights.
Always interpret permissions directly from the document’s text.
Collaboration with immigration experts like Jobbatical helps HR teams stay compliant and avoid employment delays.

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FAQs: Employment eliibility with fictioal permit

What is a Fiktionsbescheinigung?

It is a temporary residence document issued when a previous residence permit has expired and an application for renewal or a new permit is pending. It allows the holder to remain in Germany legally while authorities process the application.

Can someone with a Fiktionsbescheinigung work?

Yes — provided the previous residence permit allowed employment and the fictional certificate extends those rights. The document’s supplementary provisions will state whether employment is permitted.

What does "Erwerbstätigkeit erlaubt" mean?

It means "employment permitted." If the fictional certificate contains this wording in the supplementary provisions, the holder is authorized to work from the date specified on the document.

Is a fictional permit alone enough to start or continue work?

Yes. The fictional permit by itself is valid for employment so long as it expressly extends the previous permit’s employment rights. There is no requirement to hold the original permit concurrently if the fictional certificate authorizes work.

Should the employee upload or present the Fiktionsbescheinigung to HR?

Yes. Employees should provide a copy to HR as soon as it is available so the employer can document legal eligibility to work and maintain payroll compliance.

Can an employer refuse employment if the original permit is not available?

No. If the employee holds a valid fictional certificate that explicitly permits employment, the employer should accept it. Refusing employment despite a valid "Erwerbstätigkeit erlaubt" statement could create compliance issues.

This covers the following use cases:

Can an employee start working in Germany with only a renewed fictional permit (Fiktionsbescheinigung)?
What employment rights does a fictional permit grant for foreign workers in Germany?
How to verify work eligibility for an employee holding a fictional residence permit?
What documents can HR accept as valid proof of work authorization during visa permit transitions?
Is a fictional permit sufficient for compliance with German labor and immigration law?
When can a foreign employee legally start work with a fictional permit in Germany?
How should HR manage employment start dates under extended or renewed fictional permits?
What are the employer obligations for verifying a fictional permit's employment conditions?
Can a foreign national with a fictional permit be employed before receiving a renewed residence permit?
What permissions are indicated by "Erwerbstätigkeit erlaubt" on a fictional permit?

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Reviewed by:

Margalida

Verifying employment eligibility with a renewed fictional permit