Residence permit expired while waiting for a decision in Germany: how to avoid a processing stop

In Germany, your residence permit may expire while you are still waiting for a decision on a residence renewal or a citizenship application. Maintaining continuous lawful residence is essential to avoid a processing stop or legal problems.

What happens if the residence permit expires while you are waiting?

• Your stay may temporarily be considered unlawful if the permit is not renewed or a new permit is not issued before it expires.

• The expiry of the permit can lead to the suspension or interruption of the processing of your renewal or citizenship application.

• In some cases, you may be requested to leave the country if you have overstayed beyond the expiry date of your permit.

How can you avoid a processing stop?

1. Apply for renewal before the permit expires

• You should submit your renewal application or application for a new residence title at least 8 weeks before your current permit expires.

2. Obtain a temporary residence certificate (Fiktionsbescheinigung)

• If you apply in due time, the immigration office (Ausländerbehörde) can issue a Fiktionsbescheinigung, a temporary document confirming that your stay is lawful while your application is being processed.

• This document usually secures your right to stay – and depending on your previous title, to work – and helps to prevent any interruption of the procedure.

3. Maintain regular contact with the immigration office

• Monitor the status of your application regularly and keep in touch with the authority so that you can provide additional documents or information promptly.

4. Keep all submission and communication records

• Keep proof of submission of your application and copies of all official documents and letters as evidence that your residence should be continuously covered.

Important tips

• Do not wait until the last moment to submit your renewal application.

• Ask the immigration office in advance about the required documents and steps.

• If the issuance of the new permit is delayed, request a Fiktionsbescheinigung immediately.

Conclusion

If your residence permit expires while your case is still being processed, this may stop the procedure and expose you to legal risks. However, submitting the renewal application in good time and obtaining a temporary residence certificate ensures the continuity of your lawful stay and allows your case to proceed smoothly without interruption.

— The team of authors and editors of this website strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some details may not be fully verified. Therefore, please regard the information provided in these articles as an initial point of reference and always contact the competent authorities for binding and up-to-date information.