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I'm currently in the UK and my passport is Chinese. My German residence permit (Aufenthaltstitel) has expired and I've got a German Fiktionsbescheinigung that is valid until December 2022. On p. 3 of the Fiktionsbescheinigung, the third box is ticked: 'der Aufenthaltstitel als fortbestehend (§81 Abs. 4 AufenthG)'. Now I would like to fly from the UK to Spain—would I be able to enter Spain with my expired Aufenthaltstitel plus the Fiktionsbescheinigung?

I have the following thoughts. If I had an unexpired, valid German Aufenthaltstitel, I would not have any problem entering Spain with that. Now, an expired Aufenthaltstitel plus a Fiktionsbescheinigung (with the third box ticked), i.e. what I currently have, should be equal in effect to a valid Aufenthaltstitel, so that I should also be able to enter Spain with these two documents. But this is purely theoretical and I'm not sure at all to what extent the practice will match the theory (e.g. how familiar somebody checking my visa in the UK airport or on the Spanish border will be with the German Fiktionsbescheinigung).

Ideally, I'd like to fly directly from the UK to Spain. If this turns out to be too risky, I'll have to first fly from the UK to Germany and then fly from Germany to Spain.

This seems to be a complicated issue. I've done quite some research on this but haven't yet found a satisfactory answer. Any thoughts or suggestions would be greatly appreciated—many thanks in advance!

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Documents that count as a residence permit are listed in Annex 22. For Germany, this includes

– Fiktionsbescheinigung

(Provisional residence document)

Only if the third box on page 3 is ticked – the residence permit continues to be valid. Entry is allowed only in connection with an expired residence permit, visa, a valid passport pursuant to Article 10 of Directive 2004/38/EC, or a German permanent residence card pursuant to Article 20 of Directive 2004/38/EC.

If the first or second box is ticked, the “Fiktionsbescheinigung” does not entail the right of entry without a visa.

This is an official EU document, so you should be fine. You may have a problem, however, if this exception isn't listed in TIMATIC, the database that your airline will use to determine whether to allow you to board. If the ground agent doesn't want to accept the Fiktionssbescheinigung, mention Annex 22 by name, and ask for a supervisor.

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  • Thanks a lot for the advice!
    – user130370
    Sep 5, 2022 at 14:21
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    @YShen you're welcome. Did you make the trip? Can you post an answer describing your experience?
    – phoog
    Sep 5, 2022 at 14:23

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