Fiktionsbescheinigung for baby

[jontytyt 7]

Hi All,

 

We are about to apply for a residence permit (eAT card) for our baby who was born in Germany 5 months ago and recently got his US passport. Once the eAT card is approved, is it possible for the baby to travel outside Europe during the 4-6 week period that the card is being printed? I have read other posts about a document called the Fiktionsbescheinigung. However this case is a bit different because our baby does not have an expired residence permit to present in conjuction with the Fiktionsbescheinigung. On the other hand, he has a US passport so he does not need a visa to enter Germany... however he is 5 months old so even if he is viewed as a tourist, which he isn't, he has outstayed the tourist period of 3 months... I'm confused.

[jontytyt 7]

I just applied for a residence permit for my son. The guy gave me a document called "Vorläufige Bescheinigung über einen bewilligten Aufenthaltstitel", on which my son can travel while waiting for the residence permit.

[zephyr 108]

Hello Everyone,

 

I and my wife are Indian citizens and both are working in Germany since last 2 years 8 months on Work Permit (Aufenthaltserlaubnis). We had our first baby this August 2012 in Munich. Baby's Indian passport was created. When I went to get baby a resident permit as well in KVR Munchen,I was given a Fiktionsbescheinigung § 81 Abs. 3 for the baby. Unfortunately now there is a death in my family back in India and need to go immediately for a month. But I am not sure if for my baby Fiktionsbescheinigung § 81 Abs. 3 will allow her a re-entry in Germany on our eventual return. Any thoughts?

[El Jeffo 42,134]

Please call the KVR tomorrow and ask. You'll probably need special dispensation anyway, so you'll have to contact them at some point anyway.

 

Please also be patient. Opening multiple threads because people aren't answering as quickly as you'd like isn't polite.

 

Thank you.

[zephyr 108]

Dear El Jeffo, Thank you and my apologies. My intention was not to be impolite. I guess my situation is getting the better of me at the moment.Rgds

[zephyr 108]

Just for the sake of any future TT'ers reference few pointers which maybe helpful

 

1.§ 81 para 3 sentence 1 of the Residence Act

 

• This clause does not allow re-entry into DE.
  
• You may not even travel to Schengen countries
  
• It only allows to extend your resident permit (temporarily) till ABH makes a decision
  
• Costs 10 euro at KVR, Munich
  

 

 

2. § 81 Abs. 4 AufenthG

 

• 
  
  
• Allows reentry in DE
  
• Is considered as an extension of existing or expired resident permit
  
• Not valid for cases of new born baby as the baby did not have a old resident permit
  
• Valid travel document only if accompanied with old resident permit / passport
  
• costs 10 euro at KVR
  
• The application was s
  

ubmitted late to issue or renew a permit, the immigration authorities can arrange to avoid undue hardship for the continuity of action.

 

3. § 81 Abs. 5 AufenthG

 

• 
  
  
• allows re-entry to DE ( preferred for a new born baby)
  
• Linked to parents resident permit
  
• costs 40 euro - as a stamp on passport
  

 

 

http://de.wikipedia.org/wiki/Fiktionsbescheinigung

[El Jeffo 42,134]

Thanks for the update, zephyr.

 

You said you had § 81 Abs. 3, which doesn't allow travel or re-entry, so did you manage to have it changed?

[zephyr 108]

Yes El Jeffo - folks at ABH KVR Munchen were very kind and helpful. For my baby, they changed the Fiktionsbescheinigung from § 81 Abs. 3 (no re-entry allowed) to § 81 Abs. 5 (re-entry allowed). Required one bio-metric photo of baby, parents resident permits, passport and 40 euro.

[JOB 476]

Looking for some advice re. travelling with a new born. My wife and I were under the impression that our son was eligible for a kinderreissepass, being that he was born in Germany. But given that neither of us are German and have not been resident for more than eight years, this wasn't the case.

 

This is a bit of a disaster as we are meant to be flying back to the UK on the 23rd. (Stupid to leave it so late to find out, I know)

 

But, is there any way that we can get some sort of document that would let us fly to the UK with our son. I have tried the British consulate, they said they would check for us but were not hopeful our next option is to send for a UK passport and really hope for the bet that it arrives in time (doubtful).

 

Is there any sort of German document that we could get that would allow us to leave the country with him.

 

Thanks in advance.

[zephyr 108]

@JOB, being from Non-EU country, I do not have a clear understanding of how travel permissions work between EU and UK, I may not be the best person to answer your query. I can only recommend you to discuss with folks at KVR tomorrow.

One option is that they may issue a Fiktionsbescheinigung which means a temporary document as a resident permit. For this please ensure you carry

• 
  
  
• Your passports (spouse & yours)
  
• Birth Certificate (from Standesamt)
  
• Bio-metric photo
  
• If you guys have a resident permit, like Aufenthaltstitel, please take the eAT cards along.
  
• If they agree to give
  

a Fiktionsbescheinigung please clarify with them if the baby will be able to re-enter DE. Please note that with § 81 Abs. 3 baby can only stay in Germany but cannot go to any Schengen country or UK. Get a written statement that baby is allowed to enter the country.

 

Good Luck and please do keep us posted on how things work out.

 

P.S- Please reach KVR Service point as early as 7:30AM (refer to Opening times on KVR Home Page) to avoid any delays waiting.

[westvan 9,706]

I think the baby would have to have a valid UK passport to enter the UK. Don't know if they offer expedited service for a child's first passport.

[zephyr 108]

@westvan - you are right. For a Non EU citizen and their baby, it was mandatory to have a passport for new born(which took 1 week) before I could approach KVR

[kaffeemitmilch 1,294]

I think at the airport, one can get a temporary identity certificate to travel.

 

http://www.frankfurt-airport.com/content/frankfurt_airport/en/checkin_luggage/passports_visas.html

[westvan 9,706]

Not applicable. That's for people who have lost their passports or visas or had them stolen. JOB's child hasn't even been issued a travel document yet.

[Shanky2192 0]

Hi All, I have seen not much information on the topic. So posting it here. My wife was told taht she will be given a resident permit and she received the letter  Vorläufige Bescheinigung über einen bewilligten Aufenthaltstitel on the day of the appointment. This is valid till Feb 20, 2023.We are planning to travel to Inida Next month and come back in January. Can we do so with the document? will there be any issues?