Residence permit
for students and graduates
If you would like to study in Germany, you can be issued a residence permit for this purpose. Even if you do not yet have a place at university and still have to complete a language course or a preparatory college, you can obtain a residence permit for this purpose (§ 16b AufenthG). The requirements for the first-time issue of a residence permit must usually be checked by the diplomatic mission abroad before you enter the country. The foreigners authority at the place of study is involved in the decision. When you apply, you will often be asked about your “motivation to study” in interviews. It is therefore advisable to have knowledge of the content and the course of your studies.
A residence permit for study purposes is often issued with a so-called“condition subsequent“, e.g. “Expires upon completion of studies in history at Humboldt University”. If this condition is met, e.g. because you change your course of study or university, 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.
A change of subject is often only permitted in the first semesters. Subsequent postgraduate studies are possible if successful completion can be assumed within a total residence period of 10 years. However, the practice of the immigration authorities varies considerably.
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.
If you break off your studies, you can only change to another residence title in exceptional cases. Such an exceptional case exists if you can present a training contract before breaking off your studies.
As a student, you are generally permitted to work part-time at the university. A further gainful employment is permitted without further examination within the scope of 120 days or 240 half days per year or for secondary student employment. However, self-employment is generally excluded.
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. During the job search period, you have full access to the labor market. However, an offer of employment“for which the qualification qualifies” is then required for the extension. The intended job must therefore be related to the training.
There is no priority check for graduates of German universities. However, the Federal Employment Agency does check whether the salary corresponds to the standard localor collectively agreed salary. Corresponding information can be found in the“Remuneration Atlas“.
As a graduate of a German university, you will receive a (permanent) settlement permitif you have been working for two years in an occupation corresponding to your degree (§ 18c AufenthG).
If you have a foreign university degree or recognized professional qualification, you can obtain a visa to look for a job for 6 months. The prerequisite is that you can support yourself for this period. If you receive a job offer during this time, you can obtain a residence permit for gainful employment or a BlueCard can be issued.
Our specialist lawyer for migration law Sven Hasse will advise and represent you in this area.
