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I have been living and working in Germany for 6 months with a work D-type national visa. A week before its expiration I received Fiktionsbescheinigung (Fiction Certificate) with third box tickled (issued under §81 Abs. 4 AufenthG), which theoretically allows me to travel outside Germany.

Now I'm planning to travel outside the Schengen Zone / EU, then re-enter the EU in France, spend a week there, and return to Germany.

Apart from German Fiktionsbescheinigung, I also have a valid Schengen visa, but I can stay in Europe no longer than 90 days within any 180 days under it, and I'm not sure, if the time I spent living and working in Germany counts.

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You can enter the Schengen area with the Fiktionsbescheinigung. There is a list of documents that function as residence permits in that they allow the bearer to enter the Schengen area without a visa. The Fiktionsbescheinigung is included with a mention that it only has this function when box 3 is checked. Yours has box 3 checked, so you can enter the Schengen area with it and your passport, without any additional visa.

If you didn't have the Fiktionsbescheinigung, you would be able to use the type-C Schengen visa. The time you spent in Germany with a German D visa is excluded from tbe 90/180 calculation. But since you have the Fiktionsbescheinigung, you should use it, because it reflects greater rights than does the C visa.

The list mentioned in the first paragraph is available for download in PDF format at https://home-affairs.ec.europa.eu/document/download/94241914-26f6-464d-be28-c601d8ded4d5_en. It says:

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.

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  • Thank you very much!
    – Nikolay
    Nov 3, 2023 at 0:02

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