Foreigners‘ Law: Visa and Residence Permit for Studying, Language Courses, and School Attendance

Foreign nationals from third countries (non-EU and non-EEA countries) generally require a visa or residence permit for studying or training in Germany.

With the Skilled Workers Immigration Act, which came into force on March 1, 2020, and the implementation of Directive (EU) 2021/1883 in November 2023, Sections 3 (Residence for the Purpose of Education and Training) and 4 (Residence for the Purpose of Employment) of Chapter 2 of the Residence Act have been fundamentally revised. These changes aim to facilitate and clearly regulate the entry of skilled workers and students from third countries into Germany.

For nationals of third countries, the process usually begins with applying for a visa at the responsible German mission abroad, either at the embassy or consulate in the applicant’s home country.

However, nationals of the following third countries do not require a visa to enter Germany for study purposes:

Andorra, Australia, Brazil, El Salvador, Honduras, Israel, Japan, Canada, Monaco, New Zealand, Republic of Korea, San Marino, Switzerland, and the United States of America.

After entering Germany, third-country nationals must apply for a residence permit at the responsible foreigners‘ authority to legally secure their stay and continue their studies or training.

The Residence Act provides various options for third-country nationals to pursue studies, language courses, or school attendance in Germany:

Residence Titles for Education and Training

Residence permit for vocational education and training, § 16a para. 1 sentence 1 Residence Act.

Residence permit for school-based vocational training, § 16a para. 2 Residence Act.

Residence Titles for Studies

Residence permit for full-time studies at a state or state-recognized university or a comparable educational institution, § 16b para. 1 Residence Act.

Discretionary residence permit for full-time studies with conditional admission by the university (e.g., condition of submitting the bachelor’s certificate), § 16b para. 5 No. 1a Residence Act.

Discretionary residence permit for full-time studies with conditional admission by the university (e.g., condition of attending a preparatory college), § 16b para. 5 No. 1b Residence Act.

Discretionary residence permit for part-time studies, § 16b para. 5 No. 1c Residence Act.

Discretionary residence permit for participation in a preparatory language course if admission to studies is not yet available, § 16b para. 5 No. 2 Residence Act.

Discretionary residence permit for participation in a preparatory internship, § 16b para. 5 No. 3 Residence Act.

Residence permit for a person recognized as a refugee in an EU country who has studied in that country for at least 2 years to pursue full-time studies in Germany, § 16b para. 7 sentence 1 Residence Act.

Residence Titles for Recognition of Foreign Professional Qualifications

Residence permit for the recognition of a foreign professional qualification to undergo a qualification measure, § 16d para. 1 Residence Act.

Residence permit for the recognition of a foreign professional qualification for one year (up to 3 years) if employment is secured afterwards, § 16d para. 4 Residence Act.

Residence permit for the recognition of a foreign professional qualification for taking examinations, § 16d para. 5 Residence Act.

Changing the course of study or university requires approval by the foreigners‘ authority.

A one-time change of course or university within the first 18 months after the start of the specialized study program is possible (orientation phase).

The residence permit for studies allows for employment to a certain extent.

Residence Titles for an EU Study-Related Internship

Residence permit for a third-country national who is studying outside the EU and wants to gain experience through an internship in Germany, § 16e para. 1 Residence Act.

Residence Titles for Language Courses and School Attendance

Residence permit to participate in a language course that does not serve as preparation for studies, § 16f para. 1 sentence 1 Residence Act.

Residence permit to participate in a student exchange, § 16f para. 1 sentence 2 Residence Act.

Residence permit for attending a public school or a state-recognized school with an international focus, § 16f para. 2 No. 1 Residence Act.

Residence permit for attending a non-publicly funded school, § 16f para. 2 No. 2 Residence Act.

Residence Titles for Searching for an Apprenticeship or Study Place

Residence permit to search for a vocational training place, § 17 para. 1 Residence Act.

Residence permit for applying to a university, § 17 para. 2 Residence Act.

The content of this contribution has been created to the best of our knowledge and understanding. However, due to the complexity and constant change in the subject matter, liability and guarantees must be excluded.eis: 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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