Residence Permit Application in Berlin with Expiring Rental Contract

In Berlin, submitting a residence permit application with an expiring rental contract involves some risk. Immigration authorities typically prefer a valid lease at the time of application. It is advisable to secure a new rental contract, even if it begins later, to avoid possible complications with the application or issuance of the Fiktionsbescheinigung.

Context & Background: The Challenge

The employee’s visa was valid until November 30, but their lease ended mid-October, and they planned to be abroad until December. The residence permit application could only be filed in October, leaving the HR team uncertain about whether an expiring rental contract would be acceptable without a confirmed new address.

Jobbatical’s Approach

Berlin immigration authorities generally expect a valid and ongoing rental contract at the time of residence permit submission. Applications filed with an expiring lease may face delays or additional documentation requests. A Fiktionsbescheinigung (fictional certificate) may be required for re-entry if the visa expires before a new permit is issued.

The Outcome

Although technically possible to apply with an expiring contract, doing so carries risk. Authorities prioritize proof of stable residence. The recommended approach is to secure a new rental agreement—even if the start date is in the future—to support the application and minimize administrative issues.

Employer or Talent Steps

• Ensure the employee’s new rental arrangement is planned or documented before the application.
• Include written clarification in the RP submission about the temporary stay abroad.
• Apply for a Fiktionsbescheinigung if the employee must re-enter after the visa expiry.

Key Learnings

• Residence permit applications in Berlin require an ongoing address.
• Future-dated rental contracts are acceptable evidence if properly documented.
• Proactive communication with the Ausländerbehörde reduces rejection risk.