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An employer in Germany faces a situation where a non-EU intern’s Opportunity Card expires before the internship ends. This use case outlines how HR teams can maintain compliance by obtaining a temporary extension and planning for future employment options.
How should an employer handle a case where a non-EU intern’s residence permit( under Section 20 Abs. 1 S1) expires before the internship is completed?
If the intern’s Opportunity Card (Section 20 Abs. 1 S1) expires before the internship ends, the employer can request a Fiktionsbescheinigung (fictional certificate) to bridge the gap until the end of the permitted activity. However, for continued employment or transition to a full-time role, the company should consider applying for a Follow-up Opportunity Card.
To qualify, the employer must issue a letter stating the intern is gaining necessary experience, completing qualification recognition, or improving language skills. If the employer is not ready to commit to a full-time offer yet, they can clarify that the candidate still needs to fulfill these conditions before a full-time position can be confirmed.
Opportunity Card Extension / Fiktionsbescheinigung - India to Germany
Internship Extension and Opportunity Cad
Context & Background: The Challenge
A non-EU intern working under §20 Abs. 1 Satz 1 Residence Act (Opportunity Card) has a valid permit, but their internship continues after expiry. The employer must ensure the intern’s right to stay legally covers the full internship duration without breaching immigration rules.
Jobbatical’s Approach / Applicable Regulation
Under German residence law, a Fiktionsbescheinigung (fictional certificate) can extend the validity of an existing permit until the final internship date. If an employer plans to hire the intern full time afterward, they may apply for a Folge-Chancenkarte (Follow-up Opportunity Card), provided the candidate meets or is in the process of meeting the qualification, experience, or language prerequisites.
The Outcome / Detailed Explanation
The Fiktionsbescheinigung bridges the short-term gap until the internship's completion date. For longer-term employment, HR should prepare a statement confirming that the intern still needs to gain professional experience or finalize qualification recognition. This proactive documentation supports a smooth transition to a Follow-up Opportunity Card later.
Employer or Talent Steps
- Request a Fiktionsbescheinigung before the permit expiry date.
- Confirm with the local immigration office (Ausländerbehörde) that the internship remains lawful.
- If planning future employment, issue a letter acknowledging pending qualification or experience requirements.
- Track permit renewal timelines to prevent gaps in work authorization.
Key Learnings / Takeaways
- Temporary permit gaps can be managed with a Fiktionsbescheinigung.
- Proactive documentation supports eligibility for a Follow-up Opportunity Card.
- Clear employer communication improves compliance and processing time.
- Planning ahead avoids last-minute status issues for interns.
FAQs: Opportunity Card Extension and Fiktionsbescheinigung
This covers the following use cases:
- What should an employer do when a non-EU intern’s residence permit expires before the internship ends in Germany?
- Can a company request a Fiktionsbescheinigung for an intern whose Opportunity Card expires during an internship?
- How does an employer extend work authorization for a non-EU intern under §20 Abs. 1 S. 1 while their internship continues?
- What is the process to obtain a Fiktionsbescheinigung for internship extension under Germany’s Opportunity Card program?
- When can an employer apply for a Follow-up Opportunity Card for an intern after completing a 6-month internship?
- Can a temporary Fiktionsbescheinigung help bridge the gap between the end of an internship and a new residence permit in Germany?
- What documentation should HR include when applying for a Follow-up Opportunity Card for an intern lacking full qualifications?
- How can an employer remain compliant if they cannot yet provide a full-time offer to an intern with an expiring Opportunity Card?
- What are the steps for HR teams to renew or extend an intern’s permit when the current one ends before the contract period?
- How does a company support interns under the Opportunity Card who still need to complete qualification recognition for full-time roles?
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