Here you learn ...
... requirements for a student visa
... how to apply for a visa to study in Germany
...how you can work as a foreign student
... whether you are allowed to change your course of study
Written by:
lawyer
Publication date:
April 1, 2024
Reading time
11 minutes
Table of Content
1. Visa to study in Germany
2. Study Visa Germany Requirements (including Blocked Account)
3. Documents and application procedure for a study visa in Germany
4. Expiry of study visas and change of purpose of student visa
5. Post-Study-Work Visa
6. FAQ Student Visa
1. Visa to study in Germany
The right to study in Germany is guaranteed by the constitution and European law . This applies not only to German students, but also to (third-party) foreigners. The opportunity to study in Germany is therefore not a privilege granted by the authorities, but a right of every person in the world (case of entitlement). The authorities are therefore obliged to allow foreigners to study if the relevant requirements are met. This was even confirmed by the European Court of Justice (ECJ) (ECJ, judgment of 10 September 2014, C-491/13 (“Ben Alaya”)).
The proportion of foreign students in Germany is constantly increasing, partly due to the good admission conditions. Every year, around 450,000 foreigners study at German universities . Most foreign students come from India, China and Turkey, i.e. mainly from third countries or non-European states.
In order to study in Germany, foreign students need a residence permit that allows them to stay in Germany . In principle, you can study with any type of residence permit and also with permission or toleration. So if you already have a residence permit (e.g. to work), you can also study without changing your residence permit (unless the ban is explicitly noted on the card (so-called secondary condition)).
2. Study Visa Germany Requirements
To apply for a study visa for Germany, you must meet the following requirements:
Admission and corresponding admission letter from an accredited university,
Blocked account and livelihood security,
if necessary, proof of language skills,
stay for the purpose of studying,
if necessary, parental consent.
The requirements are explained in more detail.
2.1 Admission and admission letter at an accredited university
The most important requirement for studying in Germany is admission to a state college/university, a state-recognized college/university or a comparable educational institution. In order to prove this admission to the embassy, you must submit the admission letter or at least a certificate of reservation of a place at the university when you come to the embassy. A final notification from Uni-ASSIST is usually sufficient. When applying for a course, you should also make sure that the college/university is recognized in Germany. You can find out whether your college/university is recognized or accredited in Germany using the so-called “university compass” .
2.2 Blocked account and livelihood
In order to apply for a visa, every foreigner in Germany must prove that he or she can support himself or herself or that he or she has sufficient financial resources to stay in Germany (Section 5, Paragraph 1, No. 1 of the Residence Act). In the case of economic migration, this is usually done through an employment contract. However, since students usually do not (only) secure their livelihood through work, there are a few special requirements for students when it comes to proving that they will finance their stay .
How much money do I need as a student?
How much money you need for a visa in Germany depends on how long you need to study. Basically, you have to prove the so-called BAföG rate for each month you need to study. The BAföG rate is currently 934 euros per month or 11,208 euros per year (§§ 13, 13a para. 1 BAföG). There are various ways to prove to the authorities that these funds are actually available:
blocked account for students ( blocked account ),
Proof of parents’ income and assets ,
Scholarship,
Bank guarantee and declaration of commitment.
Funding must always be proven one year in advance. For blocked accounts, proof of 11,208 euros must currently be provided. A very regularly used provider of blocked accounts is Fintiba (not an affiliate link) .
In the case of a scholarship, the funding must come from German public funds or from a funding organization recognized in Germany. If the scholarship was arranged through the German Academic Exchange Service (DAAD), the scholarship must be financed from public funds in the country of origin. This must be proven to the embassy.
2.3 Proof of language skills
In principle, a student visa in Germany requires that the applicant has sufficient knowledge of the German language . However, whether this knowledge is present is not checked by the embassy, but by the universities or colleges. Proof of language skills to the embassy is therefore only required if the college/university has not already checked whether the applicant meets the language requirements when admitting them. Language skills are usually proven by one of the following tests (no affiliate links):
German language skills: “ Test German as a Foreign Language ( TestDaF ) ” or “ German Language Examination for University Entrance for Foreign Applicants ( DSH ) ”
English language skills: “ Test of English as a Foreign Language ( TOEFL ) ” or “ International English Language Testing System ( IELTS ) ”
2.4 Purpose of stay: study (abuse test)
The purpose of entering and staying in Germany with a student visa must actually be to study in Germany. In many cases, the embassies suspect abuse because they think that the studies are just an excuse to stay in Germany permanently. When applying for a student visa for Germany, you should be extremely careful not to give the embassy the impression that you do not actually plan to study in Germany . This is especially true for visa applications from African countries. The embassies usually become suspicious if one of the following indications is present:
poor school performance in the home country or dropping out of studies in the home country,
Financing not sufficiently proven (blocked account),
submit multiple visa applications (especially if, for example, family reunification has been attempted previously),
no knowledge about the desired course of study or the course of study does not match the school's main interests,
It is not clear from the CV what professional advantages the applicant could gain from studying in Germany.
If one of the above-listed factors applies to your case, it is advisable to seek advice from a lawyer specializing in migration law before applying for a visa. Embassies in countries with high "migration pressure" (e.g. Africa and Southeast Asia) are often very prejudiced and reluctant to issue study visas . A lawyer specializing in visa law can use his or her legal skills to help you overcome the resistance of the authorities . In this respect, many rejections by embassies in these countries are unlawful. Carrying out a remonstration procedure or a lawsuit before the Berlin Administrative Court can often still lead to the visa being issued.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
3. Documents and application procedure for a study visa in Germany
3.1 Apply for a study visa for Germany at the embassy
If you want to apply for a visa to study in Germany from abroad at the embassy, you must read the guides on the website of the respective embassy to find out how the procedure works. For India, China and Turkey, for example, you can find the relevant guides for applying for a study visa for Germany here:
The processing time for student visa applications varies from country to country. However, according to the REST Directive, visa applications for study visas must be processed as quickly as possible, but no later than 90 days (Article 34 paragraph 1 REST Directive).
3.2 Apply for a residence permit to study in Berlin (State Office for Immigration (LEA))
If you are already in Germany and want to apply for a study visa, you must do this at the immigration office of your place of residence . In Berlin, the State Office for Immigration (LEA) is responsible for issuing residence permits for the purpose of studying. To apply for a residence permit for studying in Berlin, you must submit the following documents to the State Office for Immigration (LEA) using the online contact form :
completed and signed form “Application for a residence permit” (PDF) ,
valid passport,
biometric photo,
Blocked account with credit balance (or confirmation of parents’ assets or scholarship certificate),
health insurance certificate,
certificate of enrollment,
Registration confirmation from Berlin.
The initial application for a residence permit for study purposes in Berlin costs 100.00 euros . The extension costs 93.00 euros.
5. Expiration of study visas and change of purpose of student visa
A residence permit for study purposes is often subject to a so-called "resolutive condition", such as "Expires upon completion of the history course at Humboldt University". If this condition is met, for example because you change your course of study or university or are exmatriculated , the residence permit expires automatically, even if the validity date has not yet expired. You must then submit an application for a residence permit for the new course of study before you change your place of study and have it approved.
If you are threatened with having your residence permit revoked due to exmatriculation, you should hire an immigration lawyer.
In practice, it is relatively common for residence permits for students to expire because the foreigner has dropped out of his or her studies. The affected people are often then forced to leave the country.
5. Post-Study Visa Germany
As a graduate of a German university, you will receive a residence permit for an initial period of 18 months to look for a job after successfully completing your studies, Section 20 Paragraph 3 No. 1 of the Residence Act. While you are looking for a job, you are allowed to work as a national of German education. You should make full use of the 18 months (even if you have a job offer), as your employment contract can still be terminated during the probationary period, for example. If you are still within the 18 months, you will have a valid residence permit despite the termination. However, if you already have a skilled worker immigration title (e.g. EU Blue Card) at that point, you can no longer apply for a visa to look for a job in accordance with Section 20 Paragraph 3 of the Residence Act.
You can usually find further information about the post-study visa on the website of your immigration authority.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
6. FAQ (Studyvisa)
Can I work with a student visa?
Many students wonder how long they can work in Germany with a student visa and what types of jobs they are allowed to do. Generally, students from non-EU countries holding a residence permit for study purposes (§ 16b AufenthG) are allowed to work up to 140 full days or 280 half days per year without the approval of the Federal Employment Agency. Working hours of up to four hours count as a half day if the standard workday is eight hours. Any work beyond four hours counts as a full day (§ 16b (3) AufenthG). Alternatively, non-EU students can work up to 20 hours per week during lecture periods, just like students from EU/EFTA countries or Germany. During semester breaks, they can work without time restrictions.
Do internships count towards the 140/280 rule for international students?
Internships that are a required part of the curriculum or necessary to achieve academic goals do not count towards the working time limits for students. Voluntary or recommended, but not mandatory, internships may require approval from the Federal Employment Agency (§§ 16e (1), 39 AufenthG).
Can I be self-employed as a student?
Self-employment requires approval from the competent immigration authority. The authority will assess whether such activity could hinder or delay the completion of your studies.
Do I need a residence permit as a European student in Germany?
No, as a European student, you do not need a residence permit to study in Germany. Your status as an EU citizen allows you to enter and reside in Germany for study purposes.
How long is a student visa valid for Germany?
Student visas are generally issued for at least 12 months (often up to 24 months), as per the guidelines of the Federal Foreign Office.
When can my student visa application be rejected?
Your application for a student visa can be rejected under § 19f AufenthG. Common reasons for rejection include:
- Insufficient financial means for studying
- Poor academic performance
- Lack of German language proficiency
Can the immigration office refuse to extend my student residence permit?
No, as long as your studies are proceeding in an orderly manner, the requirements for the student visa remain fulfilled, and the immigration office cannot refuse to extend the residence permit for study purposes.
How do I know if my university is recognized?
You can check if a university is recognized by researching it on the Hochschulkompass (Higher Education Compass).
Can I get a visa to study at a private university?
Yes, visas can also be issued for studying at private universities, provided the university is accredited.
Do I need to enroll in full-time studies for a student visa, or is part-time study sufficient?
To be eligible for a student visa in Germany, you generally need to be enrolled in full-time studies. However, authorities may grant visas for part-time studies at their discretion (§ 16b (5) AufenthG). These visas are usually harder to obtain compared to those for full-time studies. For further advice, consult a lawyer specializing in immigration law.
Can I get a visa for preparatory measures for studying?
Yes, preparatory measures such as language courses or Studienkollegs (foundation courses) and internships are considered part of the study process under the Residence Act and can form the basis for a visa application. Evening, weekend, or online courses, however, do not meet the requirements.
What is a blocked account?
A blocked account is a special account that allows students to withdraw money regularly from a larger sum to cover their living expenses during their studies.
Why do I need a blocked account?
The Residence Act requires proof that foreigners can finance their stay in Germany (referred to as securing subsistence, § 5 (1) No. 1 AufenthG). As students cannot work full-time, other long-term proof of financial stability is required, typically through a blocked account.
Can I switch study programs with a student visa?
With a student visa, changing your field of study is usually only permitted in the initial semesters. Subsequent postgraduate studies are possible if completion within a total stay of 10 years is realistic. Practices vary among immigration offices.
How often can I switch study programs with a student visa?
Your student residence permit will be extended as long as it is likely that you will achieve your academic goal. After a certain period, the immigration office may request a progress report from your university on the expected completion of your studies.
Can I apply for a different residence permit if I drop out of my studies?
If you drop out, you can only switch to a different residence permit in exceptional cases, such as presenting a vocational training contract or meeting other exceptional criteria (§ 16b (4) AufenthG).
Does the immigration office in Germany need to approve the issuance of my visa?
No, approval from the immigration office is generally not required for educational stays. Exceptions exist if the foreigner has previously resided in Germany.
Can I apply for permanent residency as a student?
No, permanent residency and EU long-term residence permits cannot be applied for during your studies (§ 16b (4) Sentence 2 AufenthG; § 9a (3) No. 4 AufenthG). However, half of the study period can be counted towards the required time for permanent residency (§ 9b (1) Sentence 1 No. 4 AufenthG).
How much does a residence permit for studying in Germany cost?
The fee for applying for a German student visa is €75.
Can international students apply for BaföG?
International students can apply for BaföG (§ 8 BaföG). However, this does not apply if you hold a student visa under § 16b AufenthG (see §§ 8 ff. BaföG).
Can I also get a visa for preparatory studies?
Yes, according to § 16b (1) Sentence 2 AufenthG, the purpose of study includes preparatory measures, so a visa can be issued for these as well.
Can I get a visa for applying to a university?
Yes, a residence permit for up to nine months can be issued for university application purposes if the applicant meets the educational and language requirements or can acquire them during their stay and if their subsistence is secured (§ 17 (2) AufenthG).
What is the REST Directive?
The REST Directive (Research and Studies, 2016/801/EU) of May 11, 2016, regulates the conditions for the entry and residence of third-country nationals for research or study purposes, internships, voluntary service, school exchange programs, training projects, and au-pair activities.
Does the REST Directive apply to the United Kingdom?
No, the REST Directive did not apply to the UK even before its exit from the EU.
Can I study in other EU countries with a German residence permit?
Under the framework of EU mobility, you can study in other member states (except Ireland and Denmark) for up to 360 days with a residence permit for study purposes issued in Germany (§ 16c (1) Residence Act).
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Further Information
Information from the State Office for Immigration (LEA) in Berlin on the study visa
Literature: BeckOK AuslR/Fleuß, 42nd Ed. 1.7.2024, AufenthG § 16b Rn. 1 - 96
Literature: NK-AuslR/Stahmann, 3rd edition 2023, Residence Act § 16b
