HERE YOU LEARN ...
... under what conditions the study visa is issued in Germany
... how to apply for a visa to study in Germany and what documents you need
... whether and in which positions you are allowed to work as a foreign student in Germany
... whether you are allowed to change your course of study and which visa you need to apply for after completing your studies
Written by:
Attorney
Publication date:
01.04.2024
Reading time
11 mins
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 September 10, 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 applicable, 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. 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 some special requirements for students when 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 check)
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 of 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 lead to the visa being issued.
3. Documents and application procedure for a study visa for 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).
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,
Confirmation of registration from Berlin.
The initial application for a residence permit for study purposes in Berlin costs 100.00 euros . The extension costs 93.00 euros.
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,
Confirmation of registration 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. Expiry 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 occurs, 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. Those affected are often then forced to leave the country.
In practice, it is relatively common for residence permits for students to expire because the foreigner has dropped out of his or her studies. Those affected 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.
You can usually find further information about the post-study visa on the website of your immigration authority.
6. FAQ (study visa)
Am I allowed to work with a student visa?
Many students ask themselves how long they are allowed to work in Germany with a student visa and what activities they are allowed to carry out. In principle, students from third countries who have a residence permit for the purpose of studying (§ 16b AufenthG) may be employed for 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 half a working day if the regular working time is eight hours. Anything in excess of 4 hours counts as a full working day (Section 16b (3) AufenthG). Alternatively, students from third countries, just like students from EU/EEA countries or Switzerland and German students, may work up to 20 hours per week during lecture periods. During semester breaks, they can earn money without restriction.
Do internships count towards the 140/280 rule for foreign students?
Internships that are a prescribed part of the course of study or are necessary to achieve the educational objective are not counted towards the working hours for students. Voluntary or recommended but not required employment, which may be referred to as internships, require the approval of the Federal Employment Agency (§§ 16e Para. 1, 39 AufenthG).
Am I allowed to be self-employed as a student?
Self-employment requires the approval of the responsible immigration authority. The authority will check, among other things, whether this will not make it more difficult or delay the achievement of the study objective.
Do I also need a residence permit for Germany as a European student?
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 stay in Germany for the purpose of studying.
How long is the study visa for Germany valid for?
Study visas are generally issued for at least 12 months (often 24 months) in accordance with the instructions of the Federal Foreign Office.
When can my application for a study visa be rejected?
When your application for a study visa can be rejected depends on § 19f AufenthG. The most common reasons for a rejection are as follows
- No more money to study,
- poor grades,
- lack of knowledge of the German language
Can the Immigration Office refuse to extend my residence permit for study purposes?
No. If you are studying properly, the requirements for the study visa are still met. The Foreigners' Registration Office cannot then refuse to extend the residence permit for study purposes.
How do I know if my college/university is recognized?
Can I also obtain a visa to study at a private university?
Yes, visas to study at private universities can also be issued as long as the university is accredited.
Do I have to study full-time for a study visa for Germany or is part-time study also sufficient?
In order to be eligible for a visa to study in Germany, you must generally be admitted for full-time study. However, the authorities can also issue visas for part-time study at their discretion (§ 16b Para. 5 AufenthG). However, these visas are generally much more difficult to obtain than those for full-time study. If in doubt, a lawyer specializing in immigration law in Germany can advise you on this.
Can I also obtain a visa for study preparation measures?
Yes, study preparation (e.g. a language course or preparatory college) and internships also constitute studies within the meaning of the Residence Act and can therefore serve as the basis for a visa application. However, evening, weekend or online study courses do not meet the requirements of the Residence Act.
What is a blocked account?
A blocked account is a blocked account that allows students to regularly withdraw money from a larger amount. Students use this money to finance their living expenses.
Why do I need a blocked account?
The Residence Act requires proof that foreigners can finance their life in Germany (so-called securing of livelihood, § 5 Para. 1 No. 1 Residence Act). Normally, this proof is provided in the form of an employment contract. However, students cannot work full-time alongside their studies. They therefore need other proof of financial stability over a long period of time. This is usually the blocked account.
Can I change my place of study with a study visa?
With a study visa, a change of subject is often only permitted in the first semesters. Subsequent postgraduate studies are possible if it can be assumed that you will successfully complete your studies within a total period of stay of 10 years. However, the practice of the immigration authorities varies considerably.
How often can I change my place of study with a student visa?
Your student residence permit will be extended for as long as it is expected that you will still be able to achieve your study goal. Depending on the average duration of your studies, the immigration authorities will request a study forecast from the university after a certain period of study as to when you can expect to successfully complete your studies.
Can I apply for a different residence permit if I break off my studies?
If you break off your studies, you can only change to a different residence permit in exceptional cases. Such an exceptional case exists if you can present a training contract before breaking off your studies or if other exceptional circumstances apply (see § 16b Para. 4 AufenthG).
Does the immigration authority in Germany have to approve the visa?
No, in principle, the foreigners authority will no longer have to approve educational stays in the future. The only exceptions to this are if the foreigner has already stayed in Germany before.
Can I apply for a settlement permit as a student?
No, you cannot apply for a settlement permit or an EU permanent residence permit while you are studying or training (Sec. 16b para. 4 sentence 2 AufenthG; Sec. 9a para. 3 no. 4 AufenthG). However, half of the periods of study can be credited towards the periods for obtaining a settlement permit or EU permanent residence permit (Sec. 9b (1) Sentence 1 No. 4 AufenthG).
What does a residence permit to study in Germany cost?
The fee for applying for a German student visa is 75 euros.
Can I apply for BaföG as a foreigner?
You can also apply for BaföG as a foreigner (§ 8 BaföG). However, this does not apply if you have a student visa in accordance with § 16b AufenthG (see §§ 8 ff. BaföG).
Can I also obtain a visa to prepare for my studies?
According to Sec. 16b (1) Sentence 2 AufenthG, the purpose of your stay includes study preparation measures, so you can also obtain a visa for this purpose.
Can I also obtain a visa for the purpose of applying to study?
Yes, a foreigner can be granted a residence permit for up to nine months for the purpose of applying to study if they have the school and language requirements to take up a course of study or are to acquire these within the period of residence of up to nine months and their livelihood is still secured (Section 17 (2) AufenthG).
What is the REST Directive?
The so-called REST Directive (Research and Studies) (2016/801/EU) of 11.05.2016 regulates the conditions for the entry and residence of third-country nationals for the purposes of research or study, to complete an internship, to participate in voluntary service, student exchange programs or an educational project and to work as an au pair.
Does the REST Directive also apply to the United Kingdom?
No, the REST Directive did not apply to the United Kingdom (UK) before it left the EU.
Can I also study in other EU countries with a German residence permit?
As part of EU mobility, you can also study in other member states (with the exception of Ireland and Denmark) for up to 360 days with a residence permit for study purposes in Germany (Sec. 16c (1) AufenthG).
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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
