Can I stay in Germany if my residence permit expires while my renewal is pending?

Checked on 2026-10-25

Yes, if you applied in time. Germany's Residence Act says that when you apply for an extension or another residence permit before your current one expires, the old permit counts as continuing until the immigration office decides. You receive a certificate of this, the Fiktionsbescheinigung. If you apply late, this protection is not automatic.

Key facts

What	The law says	Source
Applied before the permit expired	The old permit counts as continuing from its expiry until the immigration office decides	AufenthG § 81(4), sentence 1
Exception	This doesn’t apply to a Schengen (short-stay) visa	AufenthG § 81(4), sentence 2
Applied after the permit expired	The immigration office may order the continuing effect to avoid undue hardship; it is not automatic	AufenthG § 81(4), sentence 3
Proof	You must be given a Fiktionsbescheinigung	AufenthG § 81(5)
Fee for the Fiktionsbescheinigung	€13	AufenthV § 47(1) no. 8
Work while the card is being made	Once the card has been ordered, the work described in your future permit counts as allowed until the card is issued; this is written on the Fiktionsbescheinigung	AufenthG § 81(5a)
Rules for the extension	The same rules as for the first issue	AufenthG § 8(1)

Apply before the expiry date

The Residence Act (Aufenthaltsgesetz) protects you if your application reaches the immigration office (Ausländerbehörde) before your current permit expires. From the expiry date until the decision, the law treats your old permit as still valid (“Fortgeltungsfiktion”). The same applies when you apply for a different residence permit, for example because your purpose of stay changes.

This protection doesn’t cover a Schengen visa for short stays.

If you apply late

If you apply only after your permit has expired, the continuation is not automatic. The law lets the immigration office order it to avoid undue hardship (unbillige Härte), so it is the office’s decision.

The Fiktionsbescheinigung

The law requires the office to give you a certificate of the effect of your application, the Fiktionsbescheinigung. AufenthV sets its fee at €13. If the office has already ordered your new card, the work that the new permit will allow counts as allowed until you collect the card, and this permission has to be written on the Fiktionsbescheinigung.

The extension itself

The law applies the same rules to an extension as to the first issue of the permit (AufenthG § 8(1)). Before extending, the office checks whether you met any obligation to attend an integration course. If you were obliged to attend one and haven’t yet completed it successfully, the extension should be limited to at most one year at a time (§ 8(3)).

Extension fee: €96 for up to three more months, €93 for longer (AufenthV § 45 no. 2).

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.