Certificate of fiction: Exception in Tübingen

“Expired residence permits for foreign citizens in Tübingen continue to apply.” This is what the city of Tübingen writes in a press release. This regulation concerns people who come from countries outside the European Union and want to stay longer in Germany.
Those who have a valid residence permit and apply to extend it will receive a so-called fictitious certificate from the application until the decision. With the fictitious certificate, those affected can prove that they have submitted an application in good time and that they are staying in Germany legally until the decision is made.
In Tübingen, there is a problem: There is a lack of staff in the responsible foreigners’ office, but there are many applications. According to the city, the Foreigners’ Office cannot currently afford to decide on residence titles in time and issue fictitious certificates in all cases. Therefore, the University City of Tübingen has determined that as of January 18, “expiring residence titles will continue to apply from the date of expiration until the decision of the Foreigners’ Office, including all ancillary provisions.” This is also to apply “if the application is made after the residence title has expired and the Aliens’ Office has not yet issued a fictitious certificate.” The second exception rule applies until the end of January 2024.
But beware: there are certain limits to the freedom of movement for those affected. The municipal press office writes in response to a query from tünews INTERNATIONAL: “Travel within Germany is possible, but not abroad.” During controls, the police should be aware of the Tübingen exception: “The regulation is communicated with the police,” says the press office.
The legal basis is the general decree of the city of Tübingen and § 81 paragraph 4 sentences 1 and 3 of the Residence Act. With this decree, the city wants to “primarily relieve the employers (mainly care services),” according to the press office.
The city’s general decree can be found at:
https://www.tuebingen.de/amtliche_bekanntmachungen/2023-01-17_allgemeinverfuegung_zur_anordnung_der_fiktionswirkung_nach_paragraf_81.pdf
The detailed press release can be found at:
https://www.tuebingen.de/1620.html#/38874

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Bürgeramt in Tübingen. Foto: tünews INTERNATIONAL / Mostafa Elyasian.

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