Aliens law: Residence permit for the purpose of studying in Germany

Pursuant to Section 16b AufenthG, a foreigner can apply for a residence permit for the purpose of studying if they have been admitted to a full-time course of study at a state university, a state-recognised university or a comparable educational institution. The purpose of residence for the purpose of studying also includes preparatory study programmes and the completion of a compulsory internship.

In order to obtain a residence permit in accordance with § 16b AufenthG, foreigners must first apply for a visa for the purpose of studying at the German embassy or the responsible foreign mission in their home country in order to be able to enter the federal territory. This sometimes requires the approval of the foreigners authority at the place of study. If the foreigners authority does not respond in good time, consent is deemed to have been granted in accordance with Section 31 (1) sentence 5 AufenthV. After entering the federal territory, the responsible immigration authority issues the foreigner a residence permit in accordance with § 16b AufenthG.

Requirements for a residence permit according to § 16b AufenthG

In order to obtain a residence permit for the purpose of studying in accordance with Section 16b AufenthG, the following requirements must be met in accordance with Paragraph 5:

• • • The foreign national must have been admitted to study at a recognised higher education institution or an equivalent educational institution. Universities, universities of applied sciences or art colleges count as recognised higher education institutions or equivalent educational institutions.
    • If admission has not yet been granted, the residence permit can also be issued for the purpose of study preparation measures and the completion of a compulsory internship in accordance with Section 16b (1) sentence 2 no. 2 AufenthG. Pre-study measures include attending a preparatory language course if the foreign national has been admitted to a full-time degree programme and admission is conditional on attending a preparatory language course, as well as attending a preparatory college or comparable institution if acceptance to a preparatory college or comparable institution has been proven.
    • The foreigner must have the language skills required for the degree programme. As a rule, proof of language proficiency is already checked during the admission process at the university. Otherwise, it is possible that the foreigners authority or the embassy will request such proof.
    • The foreigner's livelihood must be secured. The amount of living expenses to be secured is based on the BAföG rate, which is currently 744.00 euros per month (see § 13 BAföG). Proof can be provided in the form of an approved scholarship, details of the parents' financial circumstances, a declaration of commitment in accordance with § 68 AufenthG or other proof of income.
    • The foreign national must have adequate health insurance cover.
    • There must be no danger to public safety and order and the foreigner must not have a criminal record.

Legal protection options in the event of a visa refusal

A remonstration can be lodged against a visa refusal or an action can be brought before the administrative court. The chances of success here must be assessed on a case-by-case basis and also depend on the reasons why the authorities or embassies and foreign missions have refused the visa. It is not uncommon for inadmissible reasons for refusal to be given, so that the chances of success can be classified as good.

Gainful employment of the foreigner during the study programme

In accordance with § 16b Para. 3 AufenthG, foreign nationals may pursue employment or secondary student employment alongside their studies, whereby the limit of 120 working days per year may not be exceeded. In the case of a stay for study preparation measures, gainful employment in the first year is only permitted during the holiday period. In the case of gainful employment that exceeds the limit of 120 working days per year, the foreigners authority may give its approval if the purpose of the studies is not jeopardised.

Legal consequences of discontinuing studies and changing the purpose of residence

The immigration authority can withdraw, revoke or shorten the residence permit in accordance with § 16b Para. 6 AufenthG if the foreigner discontinues their studies and the purpose for which the residence permit was issued no longer applies. If the foreigner is not responsible for the reason that led to the discontinuation of the purpose, the immigration authority must grant him/her a period of 9 months to apply for admission to a new educational institution.

According to § 16b Para. 4 AufenthG, the residence permit may also be issued for another purpose, e.g. after discontinuing studies, for the purpose of qualified vocational training, employment as a skilled worker, employment with extensive practical professional knowledge in accordance with § 19c Para. 2 AufenthG or in other cases in which there is a legal entitlement to the issue of a residence permit.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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