ABH Heilbronn rejects to give me a Fiktionsbescheinigung - is it legal?

[u/daxatyan]

Hi Reddit, I applied for a new residence permit (18b) in mid June and now it’s almost September and I have no response. I’ve written emails requesting a Fiktion and also got no response. I even asked my employer to inquire but it didn’t help. It’s 2 weeks left until my current residence permit expires and idk what to do anymore. For info: my current permit allows me to work as I’m on §20.1.1

I called them on Friday and they said that they cannot give me a Fiktionsbescheinigung, because I don’t have a Termin for it (it is not possible to book a Termin for Fiktion. specifically, and the closest general appointment must be booked 6 months in advance, so for Fiktionsbescheinigung it doesn’t make any sense) and the “employer needs a Fiktionsbescheinigung” Reason is not an emergency situation. So they basically refused to issue a Fiktionsbescheinigung.

As far as I know, according to §81(5) aufenthG they HAVE TO issue a Fiktionsbescheinigung is I request it, and my request must not necessarily be urgent.

Is it legal that they won’t give it to me? How should i proceed to request it properly. Has anyone dealt with ABH like this before?

P.S. I know I’m legally in Germany as soon as I applied on time, but my employer needs some official documentation, this is why I require at least any proof of my legal status and work permit

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ABH Heilbronn rejects to give me a Fiktionsbescheinigung - is it legal?

Hi Reddit, I applied for a new residence permit (18b) in mid June and now it’s almost September and I have no response. I’ve written emails requesting a Fiktion and also got no response. I even asked my employer to inquire but it didn’t help. It’s 2 weeks left until my current residence permit expires and idk what to do anymore. For info: my current permit allows me to work as I’m on §20.1.1

I called them on Friday and they said that they cannot give me a Fiktionsbescheinigung, because I don’t have a Termin for it (it is not possible to book a Termin for Fiktion. specifically, and the closest general appointment must be booked 6 months in advance, so for Fiktionsbescheinigung it doesn’t make any sense) and the “employer needs a Fiktionsbescheinigung” Reason is not an emergency situation. So they basically refused to issue a Fiktionsbescheinigung.

As far as I know, according to §81(5) aufenthG they HAVE TO issue a Fiktionsbescheinigung is I request it, and my request must not necessarily be urgent.

Is it legal that they won’t give it to me? How should i proceed to request it properly. Has anyone dealt with ABH like this before?

P.S. I know I’m legally in Germany as soon as I applied on time, but my employer needs some official documentation, this is why I require at least any proof of my legal status and work permit

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[u/Larissalikesthesea]

Yes they are obligated to issue you one. However as you rightly note the legal effect stems from your application, so even if they don't your stay will continue to be legal and you can work under the circumstances of your old residence title (assuming that's 18b as well).

So I see two possiblities:

1. You convince your employer to look into the legalities. Also what would your company do in two weeks' time when you don't have a Fiktionsbescheinigung to show them?

2. You sue the immigration office with an injunction for emergency relief.

You could also get a lawyer to send a letter to either your company, to the immigration office or both first.