The term declaration of commitment
The declaration of commitment for students and its procedure are related to the general term declaration of commitment. It is therefore important for you to understand the concept of a declaration of commitment so that you can understand the steps involved in such a declaration and how it works. It has a lot to do with responsibility and liability for another person. Applicants for the declaration of commitment for students must be aware of this.
Definition of the term
The term declaration of commitment is made up of the words commitment and declaration. Commitment means that one commits oneself to a certain action and a certain responsibility. A declaration can be made in writing or verbally. It is usually recorded so that it can be followed up.
In the case of a declaration of commitment, the declaration is recorded in writing. You state in writing that you are committed to a certain action and you vouch for this by signing the declaration. In this way, you are always responsible and it is important that you are aware of this fact as an applicant for a declaration of commitment for students.
The digital dictionary of the German language describes obligation as a process in which a person commits to a certain activity, behavior or person.
Guarantee by third parties
The declaration of commitment is a guarantee by a third party. In this case, the person being guaranteed (the student in the case of the letter of guarantee for students) is not in a position to provide for themselves financially. Accordingly, there must be a third party who will pay for the student.
According to Section 765 of the German Civil Code (BGB ), the guarantor undertakes to the creditor of a third party to cover the liabilities of the third party. In the declaration of commitment, the applicant of the declaration of commitment enters into a kind of surety and assumes responsibility for a specific person.
Declaration of commitment for students?
Reason for the declaration of commitment for students
There are various reasons why a declaration of commitment is necessary for students. If you are not in a position to guarantee security yourself, then you need people, companies or organizations to take this step. In this way, a form of security is guaranteed. This is the case with a formal obligation for students as well as a formal obligation for visitors or, in certain cases, a formal obligation in the context of family reunification.
Why universities require declarations of commitment
Universities and universities of applied sciences want to ensure that students are able to pay for their studies and living expenses. If this is not the case, then a declaration of commitment from a third party is expected. This can be a person, company or organization. With the declaration of commitment for students, they vouch for the student during the period of study, thus ensuring security.
Ensuring financial security
The declaration of commitment for students provides financial security that the student will not get into financial difficulties. This ensures that the student for whom the guarantee is issued can study and that there are no financial worries. With the declaration of commitment, the applicant assumes a high level of responsibility, both financially and legally. You are jointly responsible for the behavior of the student in question.
The 5 steps of applying for a declaration of commitment for students
The declaration of commitment process for students has a specific procedure. It is important to have this process and these steps in mind. They provide the ideal orientation and are helpful for keeping an overview. This ensures that all the important points are considered and nothing is overlooked.
Organization of the necessary documents of the applicant
The very first step in the declaration of commitment for students is to organize the necessary papers for the declaration. To do this, you first need the papers of the applicant, i.e. the person submitting the application for the student letter of guarantee.
Wage certificates from the employer, a copy of the tenancy agreement and proof of the accommodation in which the student is staying are required. You should also provide proof of health insurance with which the student is insured from the date of entry.
Other important documents are pension statements and other documents that you can use to prove your creditworthiness. It is also important to provide information about your family and any spouses you are supporting. It is also important to prove that you reside and live in the place of residence where you are making the declaration of commitment. You will therefore need confirmation of registration and confirmation of moving in from your landlord.
You will also need your passport or identity card as well as the forms to fill out the declaration. The City of Berlin requires you to fill out a form for the declaration of commitment. In addition, a form for additional information must be completed in full.
Organization of the necessary documents of the potential student
The potential student must be able to provide a copy of their passport. This document is important so that the visa can be issued at the end. Without a valid passport, the declaration of commitment for students will not work. It is therefore important that the person you are vouching for has a valid and up-to-date travel document.
Review of the documents and verification of the declaration
Now it's time to check and double-check the documents. Nothing is worse than incomplete documents. It is also important to go through the completed declaration of commitment forms carefully and check whether all the information is correct.
Now is also the time to contact a lawyer at Immigration law and go through all the documents with them. This also offers another opportunity to consult a legal expert about the obligations regarding the declaration of commitment.
Submission of documents
The documents are now submitted to the Foreigners' office responsible for your place of residence. With the Navigator of the Federal Ministry for Migration and Refugees, you can quickly find the responsible authority with just one click.
It is extremely important that you are aware that the letter of guarantee is valid for 6 months as proof of financing. Accordingly, there can be no more than 6 months between the submission of the declaration of commitment and the issuing of the visa.
Another reason why you should keep a close eye on the time is the time it takes to get an appointment at Foreigners' office and the processing time of the authorities. Here you have to assume a total of at least 4 weeks. Calculating the time is therefore very important
Review of criteria and decision by authorities
Finally, the documents will be checked and verified by Foreigners' office . They will check whether your documents are sufficient for a commitment and whether it is realistic that you can pay for the student you are guaranteeing.
In general, the more documents and proof you can provide of your financial security and creditworthiness, the better your chances. You will then receive confirmation of the commitment. The student will then need this when applying for the visa.
Who can make a declaration of commitment for students
Not everyone can submit a declaration of commitment for students. There are clear guidelines as to who is eligible for a declaration of commitment and who cannot make such a declaration. It is important that you check in advance whether or not you can make a declaration of commitment for students.
A person living in Germany with sufficient creditworthiness
Private individuals may be eligible for a declaration of commitment for students. The decisive factor is that they have sufficient creditworthiness and sufficient financial means to pay for the person (the student). According to Handbook Germany, you need at least 1265 euros net income or a savings balance of 15,180 euros net for a person of legal age.
If you can prove this creditworthiness, then nothing stands in the way of a successful declaration of commitment. The general principle is important: the more proof you can provide, the better. The evidence makes your financial security more secure and has a positive influence on the decision of Foreigners' office regarding the formal obligation.
The declaration of commitment is valid for 5 years from the date it is signed in accordance with § 68 AufenthG. This means that the private individual must pay for the person to be guaranteed for 5 years and undertakes to do so. In the event of a criminal offense, the private individual providing the guarantee is also liable in addition to the person providing the guarantee.
A company operating in Germany
Just like a private individual, a company operating in Germany can also issue a declaration of commitment for students. Just like a private individual, the company is then financially liable for the student. This is particularly useful for companies that want to take on a student permanently after graduation.
In this case, the company fills out the necessary forms and issues a declaration that it will vouch for the student for the duration of their studies. In this case, the declaration of commitment is also valid for 5 years under the conditions described in § 68 AufenthG.
An organization operating in Germany
An organization can also act as a guarantor for students in the form of a declaration of commitment and thus support a student financially. The conditions of § 68 AufenthG also apply here.
The declaration of commitment is valid for 5 years and the organization is liable for financial matters and, just as with the company and the private individual, a very high level of trust is important to ensure that no difficulties arise. It is not possible to withdraw from the declaration of commitment once it has been signed.
Different requirements according to federal state and university
Not every federal state has the same requirements when it comes to a declaration of commitment for students. For example, the federal state of Berlin has two forms that must be filled out for the declaration of commitment and the federal state of Brandenburg has a two-page form that must be filled out.
The conditions for creditworthiness are similar. One federal state provides clear information on this and the other calculates the credit rating based on the documents you provide.
Universities also have different requirements regarding the declaration of commitment for students. The decisive factor is that the reason for the stay (in this case, to study) is clear and understandable.
Those who cannot make a declaration of commitment for students
There are people who do not have the opportunity to make a declaration of commitment for students. There are various reasons for this. It is important that you are aware of these requirements before you go to the trouble of organizing a letter of guarantee and are not eligible for such a guarantee.
Beneficiaries according to AsylbLG, SGB II or SGB XII
If you are a recipient of benefits under the Asylum Seekers Benefits Act or receive benefits under the Second Book of the Social Code (SGB II) or the Twelfth Book of the Social Code (SGB XII), then the declaration of commitment for students is not possible. The reason for this is that your creditworthiness is not secure enough and the requirement that you guarantee with your own net earnings is not met.
Holders of residence permits who have no authorization
You also cannot make a declaration of commitment for students if you only have a Tolerance permit, a residence permit, a visa for visitor purposes or a short-term residence permit. In this case, time is of the essence.
It must be ensured that you are in Germany for the entire 5 years of the formal obligation. You vouch for the entire period. There is a risk that your title will not be extended or that you will have to leave Germany. This situation is too risky to accept you as a guarantor for a formal obligation.
Employees in the probationary period
If you are still in the probationary period, there is no guarantee that you will be taken on and have a fixed income. You cannot make any assurances about the necessary net salary. In this case, it is important that you wait until you are taken on by your employer.
As soon as you have passed the probationary period and have been taken on, the situation changes. Depending on your net income, you can make a declaration of commitment for students.
Declaration of commitment for students and visa application
The declaration of commitment can have a considerable influence on the visa application. There are various reasons for this, which are very important when making such a declaration and which you should bear in mind if you want to make a declaration of commitment.
Influence of the declaration of commitment on the visa
Ultimately, the declaration of commitment is a safeguard. For the visa to be issued, it is very important to know how secure the financing of the stay is. A letter of guarantee ensures that the person who has signed the letter of guarantee provides a financial guarantee. This ensures that the visa applicant's entire stay is secured.
The declaration of commitment provides security not only financially, but also in various other areas. Residence is thus secured, the necessary money for the stay is secured and it is clear that the German state does not have to pay for the applicant's stay.
Advice on the application process
When applying for a letter of guarantee, it is important that you keep an eye on the requirements. A declaration of commitment for students serves as financial security for the visa for 6 months. There must be no more than 6 months between the signed declaration and the visa being issued. Otherwise the declaration is no longer valid as the date is too long past.
It is also advisable to set the deadline for the declaration of commitment so that the specified period between signing the declaration and the visa being issued can be reached. It is important to bear in mind that it takes 4 weeks to arrange an appointment and process the documents.
Support through legal assistance
What applies to Naturalization and Settlement permit also applies to the declaration of commitment for students. It is always advisable to seek legal assistance. There are various situations in which help can be very useful.
Legal support before application
Strategically, it is wise to seek legal help before applying. A lawyer who specializes in Immigration law can give you lots of valuable advice and also explain the risks of the declaration of commitment.
Furthermore, a lawyer is a good help in the procedure for a declaration of commitment and can explain to you how best to prepare for the application for a declaration of commitment.
How a lawyer helps with the application process
When applying, a lawyer is particularly helpful when it comes to the forms for the declaration of commitment. A lawyer who specializes in Immigration law can help you fill out the application correctly and support you in the process.
This way, you can be absolutely sure that the form is filled out correctly and accurately and that there are no errors. Nothing is more annoying than a mistake that causes the declaration of commitment to be postponed. This can then also have an impact on the issuing of the visa, which is then also delayed.
Dangers and risks associated with the declaration of commitment for students
A formal obligation can be dangerous and also risky. This applies to declarations of commitment for students and also to any other type of declaration of commitment. The dangers lie in different areas.
Financial risk due to the declaration
With the declaration of commitment according to § 68 AufenthG, you enter into a guarantee for a period of 5 years. You should always be aware of this. It is a long time in which you are financially and legally responsible for a person. If the person is deported, you will also have to bear the financial costs incurred by the state.
For the entire 5-year period, you must vouch for the person's financial security, the person's place of residence and the person's security. The declaration of commitment is associated with a high level of trust that you must have for the person you are guaranteeing.
Liability for the student in legal cases
You are not only financially liable for the person, but also legally liable. If there is any criminal offense committed by the person, then you are also liable as a signatory of the declaration of commitment. This can lead to problems and difficulties. For this reason, you need to be very sure who you are signing a declaration of commitment for.
Summary
The declaration of commitment for students is a comprehensive topic with many important points that you should know if you are considering making such a declaration. Here is a summary of the most important aspects for you:
- The points of reference for the declaration of commitment for students are §§ 66-68 AufenthG. Here you will find everything about the form of the obligation and the length and duration of the validity of the declaration.
- A declaration of commitment for students, like any other declaration of commitment, covers a period of 5 years. You are financially and legally liable for the entire period.
- Private individuals with sufficient creditworthiness, companies and organizations can make a declaration of commitment for students.
- For a declaration of commitment, you must provide proof of 1265 net monthly income or a savings balance of at least 15,180 euros.
- Beneficiaries of AsylbLG, SGB II or SGB XII are just as unable to submit a declaration of commitment as people with short-term residence permits or people who are still in their probationary period with their employer.
- The declaration of commitment is made at Foreigners' office in your place of residence.
- It is important that you observe the 6 months that must elapse between signing the declaration of commitment and the visa being issued. If this period is exceeded, the declaration of commitment for students is no longer valid as proof of funding.
Do you still have questions about the declaration of commitment for students?
FAQ - The most important questions and answers about the declaration of commitment for students
A declaration of commitment for students is a guarantee that can be provided by a person with sufficient creditworthiness, a company or an organization. The declaration of commitment is a financial and legal obligation to guarantee and pay for the person in question.
A declaration of commitment for students can be applied for at Foreigners' office in the place of residence. The proof of creditworthiness is submitted with the valid identification documents and the signed forms for the declaration of commitment. The documents are then checked and the declaration of commitment is valid for 5 years from the date of signature.
A declaration of commitment for students can be made by a private individual with the necessary creditworthiness, a company or an organization.
For the declaration of commitment, you will need valid identification documents, the completed declaration of commitment forms, proof of salary for the last 3 months, proof that you are a citizen of the relevant place of residence, proof of accommodation in the form of a tenancy agreement, proof of health insurance. Any other proof that shows your creditworthiness and financial security is helpful.
You must provide proof of a net monthly income of 1265 euros or a savings balance of at least 15,180 euros. For each additional adult, you will need 333 euros net monthly income or the required savings balance of 4000 euros.
The appointment with the review of the documents for the declaration of commitment takes about 4 weeks. It is important that you note the period between the signing of the declaration of commitment and the issuing of the visa for the person. This is 6 months. If this period is exceeded, the declaration can no longer be used as proof of financing.
