Information about the provisional residence document
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The provisional residence document is an official document. With this document, third-country nationals in Germany demonstrate that they have a temporary right of residence if they have previously submitted an application for the issuance or extension of a residence title to their competent Foreigners' Authority. If such an application has been submitted to the Foreigners' Authority, this document is usually issued to you for the duration that the Foreigners' Authority needs to further review the application for a residence title. The specific rights conveyed vary based on the type of provisional residence document issued.
On the inside of the provisional residence document you will find a section with four boxes. Which box is checked tells you which type of provisional residence document you have been issued with.
The various instances that lead to the issuance of different provisional residence documents are as follows:
Applying for a residence title for the first time
(Section 81 (3) sentence 1 of the residence act (AufenthG))
If you are a national of a country that entitles you to enter without a visa and you have applied for a residence title for the first time at your local Foreigners' Authority, your stay is considered legal until a decision on your application is made. You may not engage in economic activity until a decision on your application has been made. This provisional residence document does not entitle its holder to (re-)enter Germany.
Example: A Japanese national enters Germany for the first time. He does not hold a visa or a residence title. His passport allows him to stay in Germany without a visa for up to 90 days. He wants to start a degree course and applies for a residence title for this purpose. Until the Foreigners' Authority makes a decision, a provisional residence document can only be issued to him according to Section 81 (3) of the Residence Act (AufenthG). If he travels to another country in this situation, he is only permitted to re-enter Germany within the 90-day visa-free stay period. The provisional residence document does not extend this period.
Individuals holding the nationality of the states mentioned in Section 41 of the Ordinance Governing Residence are entitled to obtain a long-term residence title in Germany even without a prior visa process. In all other cases, the issuance of the residence title generally requires obtaining a visa for the purpose in question from the German diplomatic mission abroad beforehand (Section 5 (2) of the Residence Act (AufenthG)).
Stay with a residence title - request for extension
(Section 81 (4) of the residence act (AufenthG))
If you already possess a residence title (national D visa or temporary residence permit) and apply for an extension of your residence title in a timely manner (i.e. before your residence title expires), then your current residence title remains valid until the Foreigners' Authority makes a decision. Consequently, all effects and conditions associated with the previous residence title continue to apply. You are to be treated as if you hold a residence title, with all legal implications. This generally also allows (re-)entry into Germany. Please always carry your passport and the previous residence title when travelling.
Example: A foreign national lives and works in Germany as a nurse. He holds a residence title, which is valid until 31 December 2022. On 1 October 2022 he applies for the extension of his residence title. Since the new residence title is not ready by 31 December 2022, he is issued with a provisional residence document. The provisional residence document maintains the validity of his residence title, including all additional conditions, and entitles him to re-enter Germany.
Stay with a permanent settlement permit
If you hold a permanent settlement permit, the electronic residence title is only valid for as long as your passport is. Therefore, only the card usage period expires; you retain the permanent right of residence. Until a new electronic residence title is issued with the updated passport data, you can identify yourself using your previous passport, the new passport and the existing electronic residence title. The issuance of a provisional residence document is not possible or necessary for holders of a permanent settlement permit.
Before travelling
The Foreigners' Authority cannot guarantee that your documents will be recognised when you enter another country. Before travelling abroad, it is strongly recommended that you inquire with the government agencies of the destination country about entry requirements. In most cases, it is possible to travel abroad with a provisional residence document. Please note that this is general and non-binding information regarding the provisional residence document under to the Residence Act (AufenthG).
About the procedure
If you fulfil all the requirements for the issuance of a provisional residence document, the document will be posted to your current registered address.
Frequently Asked Questions
Am I allowed to work with a provisional residence document?
On the provisional residence document, it is indicated in the "Conditions" ["Nebenbestimmungen"] field whether a work permit is included or not. As a rule, the work permit from the previous residence title carries over. If the intended economic activity is covered by the granted work permit, the work is also allowed to be carried out with the provisional residence document. An existing employment relationship may be continued.
There are different types of work permit:
- “Erwerbstätigkeit erlaubt.” – This work permit allows the holder to perform any dependent or independent work.
- “Beschäftigung erlaubt.” – This work permit allows the holder to take up any dependent employment (i.e. usually within the framework of an employment contract). Self-employed work is usually not allowed.
- “Beschäftigung als [Job] bei [Employer] erlaubt.” – With this work permit, only a specific job with a specific employer is allowed. Any change of job must be applied for in advance with the Foreigners’ Authority (Ausländerbehörde) Please use our online-form.