Fiktionsbescheinigung - The fictitous certificate

Had to do the good old permission circus yesterday, for the first time with the new "one stop" system (for non-EU citizens). Actually what used to be a one stop is now three.

Turns out the employer needs to fill out a large 3 page form which then gets sent away to be checked by head office before they decide to give permission or not. This takes apparently between 1 and 3 months, and I wouldnt have been allowed to work in the meantime. When I said I have a contract starting on Monday she said it would probably be ok to keep working as I might be covered by the old permit. I asked if I could have that in writing and she wasnt prepared to do that, so I asked for a temporary permit. That she was able to do. She printed me out a "Fiktionsbescheinigung"! This means fictitous certificate! Anyone heard of that? Sounds a bit strange to me. Also strange that I had to especially ask for it...

So, I went back today to drop the forms that the employer needs to fill out, and she told me that I would still need to come back for a last interview appointment once it all comes back from head office before I get my permit! So my status is still up in the air... Being allowed to work here now depends on how the people at head office are feeling on the day, as well as the local office, and I wont know for a couple of months! Kind of makes planning hard.. One would expect a simple chart of who can stay for how long for what reasons.

In all fairness the lady at the office seemed just as pissed off with the new system as me. Kza gives two thumbs down for the new system.

My mother-in-law wanted to change her job and she applied for a new working permit and got rejected. It is kinda very hard to plan anything. I am very pissed off with new system and planing on writing to some on the local papers here in munich about this case. People who are able to get jobs are not allowed to work and please what is with this 4-6 weeks. most of the employers need people right away. if someone was able enough to find a job WHY in GOD name can´t he start right away. I just don´t get it.

just out of interest Kza - how do employers or you or whoever go about claiming or investigating that there is nobody with similar qualifications available in Germany/EU? I'm just interested to know how the system works.

Hope it works out ok

@Kza - with you there… just went this morning. I will say in terms of quick and friendly the two times I have been there they have been very nice, quick and helpful. But yeah, the work permit thing puts fear into me.

I can understand them wanting to keep jobs open for locals/EU citizens. Based on stories I've heard about the INS (or DHS now) I think that permits, etc here are far easier and more lax than the US (remember we don't want bin Laden to come into the US and get a job at a 7-11). In my case I'm doing some very "specialized stuff" that no one in Germany (and possibly Europe) would have the skill set for (it isn't rocket science, but it is specialized). But I still have that feeling that they'll find some way to say no (since I have the feeling that Germans don't have exception handling routines and revert to a default say no, blank-rude look, etc).

Still they have helped in every way possible and been nice (and I have another feeling that this is because I'm American and when dealing with them have tried to be uber-polite and nice). Maybe it's just that I always go to Room 1023.

Seems that they don't mind just automatically extending the Residence Permit (I guess they don't have fears of US citizens hitin' up the state for social serivces?)… but I'm sure there will be hassles on the work side (Note: I have worked here, though for my US company for 6 months… I *didn't* have a work permit since it was unclear if I needed it… well I did and did have to accept a chewing out from the KVR lady, though she joked about it a bit and was smiling in the end. So again, if I'm screwed, at least I'll be screwed kindly and quickly

hmm, so if I want to get a job here, I would have to wait 3 or 4 months before I could actually start? (i'm an american and have never worked here before...)

Nah just get a Fiktionsbescheinigung in the meantime.

@boomtown_rat No idea... I havent actually had to do that yet as my job category doesnt require it. I think... Please refer to an immigration lawyer for more confusion.

Well this "Fiktionsbescheinigung" is due to run out soon, and I hadnt heard or recieved anything in the meantime, so I was just talking to the auslaenderamt, and they have no record of it, and I seem to have been here illegaly since february, how nice. Hopefully I can get it all sorted out tomorrow. So stay away from the "Fiktionsbescheinigung" everyone.. Geez the name of it should have raised a few flags... That and the fact noone else has or has even heard of one...

Wasn't the fact that you had your Fiktionsbescheinigung in your hand sufficient proof that they had actually issued one, even if they had now lost evidence that they'd done it? Fiktionsbescheinigungen are normally only valid for a week or two or until you produce any oustanding documents...Maybe it actually expired when you produced those missing documents from your firm?

YL6