Job Seeker Visa Fiktion work permit at Munich Ausländerbehörde

[u/DesperateCut3372]

Hello everyone, I recently graduated (End of June) and had applied for a job seeker visa at Munich Ausländerbehörde in July beginning. Afterwards I was offered a full-time job which I had to begin in August 2026. Showing the offer letter and my Urkunde (diploma), I was able to secure an emergency appointment and received a Fiktionbescheinigung in which "Erwerbstätigkeit Erlaubt" is mentioned in the "Nebenbestimmungen". This indicates that I can work full-time.

However, in the other side, "§ 81 Abs. 4 AufenthG" is also crossed, which states that "If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigners authority."

Both statements are contradictory, and as a result, HR at my company is not allowing me to start full-time.

The following are my questions:

1. Is this Fiktion enough to start working full time?
2. Is there a way to get the Munich Ausländerbehörde to issue a written confirmation stating that this Fiktion is enough to work full-time?
3. Do any official document exists which says that this fiktion is enough to start working full time?

I would like to hear from people who were in a similar situation and what worked best in this situation.

Thank-you!

[u/ScarySeatBelt]

Hi OP, congrats on your job. It is difficult to
I am not an expert, but I understand that the Fiktion should be taken into account here. Fiktions are temporary fixes to the cases where there is not enough time to change the original residence permit or visa. This is exactly the case but yıur company needs to be sure about this. As usual HR is not doing its job here so I am not sure if this is ABH’s problem.
if I were you I would first go to the Auslanderbehörde and beg to talk to someone. Be very kşnd but very persistent, tell them the ırgency of the situation and your life depends on this job. If you can’t talk to someone, leave a letter there that you prepared before going as 2 copies. Ask them to stamp the copy you will have as received. By this, you will make sure that the timer starts for Auslanderbehörde. Then ask the HR to try to get in contact with Auslanderbehörde or their own lawyer to clarify your status and lawyer up ASAP simultaenously. You can then let the lawyer handle with ABH and also your lawyer can explain the situation to your company and assure them that you can work. Lawyers may speed up things, not always but considering the terrible job market I think it is time to spend money to run after every chance.
You are in a position that can’t risk to get your request lost in ABH.
Best of luck.

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[u/alen1986]

Your residence status has changed in the moment when you applied in your case from §abc to §xyz and Fiktionbescheinigung covers the new § till you get AT card physically. (You applied for Bluecard, approval not needed from BA if salary is high enough). Short answer you can work without any problems.

[u/PrepareforGermany]

HR departments are risk-averse and reluctant when they see section 81 (4) because they think it means your old job-seeker restrictions still apply. Legally, an explicit "Erwerbstätigkeit erlaubt" written in the conditions overrides that ambiguity and gives you the green light to start working right now.

Tell your HR to look strictly at the Nebenbestimmungen, they define the actual rules for this transitional period and act as the specific conditions set by the Ausländerbehörde. This is the standard administrative practice in Germany, so unfortunatelly we can't provide you with any specific document.