I am in Germany now working with a valid work contract. I have applied for blue card 3 weeks back. It has not yet arrived. But I have a letter which says that, I have applied for a blue card (and this serves as a valid document that allows me stay in Germany legally). I came to Germany on a "German National Visa" and it expired on 23-April. They didn't extend my visa when I applied for blue card.

Now I want to go back to my country (India) for an emergency. If I go back, how can I enter Germany again?

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    I feel like this question is incomplete yet. What legal document currently allows you to work in Germany? It seems as you do not have any valid document at the moment, which seems to conflict with you having a running work contract. Is the confirmation of application for the blue card also a confirmation that you will actually get it? – DCTLib May 2 '16 at 14:34
  • Yeah. At the embassy, they told that the confirmation of application for the blue card is a legal document for me to stay in Germany. – siva May 2 '16 at 14:39
  • @siva it doesn't make any sense that you got information from an embassy if you are in Germany seeking information about German law. – phoog May 2 '16 at 15:23
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    @DCTLib While this document (Fortgeltungsfiktion) does not guarantee a positive decision for the Blue Card, it effectively extends the old residence permit or national visa (including the work permit) until a decision on the new application is made. – neo May 2 '16 at 15:25
  • @neo exactly the same. But my passport is not stamped with this extension :( All I have is a separate document as you have mentioned. So how can I enter Germany again? Please help. – siva May 2 '16 at 15:33
up vote 1 down vote accepted

It seems that you have a document according to § 81 Abs. 4 AufenthG (Fortgeltungsfiktion)

If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title shall be deemed to remain in force from the time of its expiry until the time of the decision by the foreigners authority.

This document should be an official form with a sticker on it (which is not placed in your passport). On page 3 the third box with this text needs to be ticked:

[Bis zur Entscheidung der Ausländerbehörder gilt:] der Aufenthaltstitel als fortbestehend (§ 81 Abs. 4 AufenthG)

This is how such a document should look like:

Fiktionsbescheinigung

If that is the case, your residence title does not expire if you only temporarily leave the federal republic (as regulated in § 51 AufenthG) as long as the document is still valid as indicated by the sticker.

This is also explicitly stated in 81.5.3 VwV-AufenthG (which is the relevant administrative regulation):

Die nach Absatz 4 ausgestellten Fiktionsbescheinigungen berechtigen anders als die nach Absatz 3 ausgestellten Bescheinigungen in Verbindung mit einem anerkannten und gültigen Pass oder Passersatz zur Einreise in das Bundesgebiet und nach Artikel 21 SDÜ zu Reisen innerhalb des Schengen-Raums. Voraussetzung ist neben der Verwendung des durch die AufenthV vorgeschriebenen amtlichen Vordrucks, dass auf Seite 3 des Trägervordrucks das dritte Ankreuzfeld angekreuzt ist. Ein- und Ausreisekontrollstempel sind im Pass oder Passersatz, nicht aber auf der Fiktionsbescheinigung anzubringen.

(Which just says that as long as the above mentioned box is ticked and the document is still valid you can enter the Schengen area and border stamps should be placed in your passport.)

To enter the Schengen area present both your passport (which contains the old visa) and the valid Fiktionsbescheinigung at the border.

The document is also mentioned in the Schengen list of residence permits issued by member states, so even a non-German Schengen border guard should know the document and let you pass:

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 or visa.

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

The Fiktionsbescheinigung could theoretically have a restriction on leaving the country which would be clearly mentioned on it but I don't think this is ever done.

As soon as the decision on your Blue Card is made, the Fiktionsbescheinigung automatically becomes invalid. If the decision was negative, obviously you can't enter again.

In any case, you should talk to your Ausländerbehörde before you leave Germany and not take advice from random stranger on the internet.

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