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I am planning a short, tourism trip from Germany to France, entirely by train.

I have a Brazilian passport, thus in general I do not need to apply to Schengen visas beforehand, since it can be issued directly on arrival at any Schengen area country.

Currently, I legally live and work in Germany under a work visa. However, one week before my travel date, my working visa will expire. By then, I will be waiting for my residence permit, hence I will only have a Fiktionsbescheinigung. This is a provisional residence permit, but it does not allow me to leave and reenter Germany.

Given that I have never had a tourist visa (meaning I comply with the 90/180 tourism stays in Schengen area contries), would I be able to enter France/reenter Germany as a tourist?

Relatedly, I am also concerned about the travel taking place by train. Since, as far as I know, passport checks are not common when traveling between Schengen countries, what would happen in case no one checks my passport and issues me a tourism visa at the French border, but I later get checked when reentering Germany?

Timeline:

  • Arrived in Germany with a work visa (never had a tourism visa.)
  • Will have stayed for 6 months.
  • Visa will be expired and I will have a Fiktionsbescheinigung.
  • Plan to travel from Germany to France by train for tourism, then back.
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I have a Brazilian passport, thus in general I do not need to apply to Schengen visas beforehand,...

A Fiktionsbescheinigung is not valid for travel to other Schengen Countries when it contains the text Gilt nicht für Auslandsreisen (Not valid for for trips abroad).

This will not be the case for persons who do not require a Schengen Visa to enter the Schengen Area.

would I be able to enter France/reenter Germany as a tourist?

Yes, if the Fiktionsbescheinigung does not contain the Gilt nicht für Auslandsreisen text, which should be the case since Brazil is listed in Annex II and therefore no Schengen Visa is required

  • check this when you receive the Fiktionsbescheinigung!

what would happen in case no one checks my passport and issues me a tourism visa at the French border, but I later get checked when reentering Germany?

(I assume with tourism visa you mean entry stamp)

An entry stamp is only given at the external Schengen Area borders (the French/German border is an internal Schengen Area border).

A residence permit card/D-Visa/valid Fiktionsbescheinigung will explain the reason why you have no current entry stamp should you be checked at some point and allows you to return to Germany.

See my answer that quotes the relevant portion of General Administrative Provisions for the Residence Act section 81.3.6 (page 335) that list the cases where such a text should not be placed in the Fiktionsbescheinigung:

There you will find:

Article 1 Paragraph 2 of Regulation (EC) Number 539/2001

Nationals of third countries on the list in Annex II shall be exempt from the requirement set out in paragraph 1 for stays of no more than 90 days in any 180-day period.

listed in the exceptions.

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