Introduction to § 16b AufenthG
§ Section 16b AufenthG forms the legal basis for issuing residence permits to international students in Germany. This regulation enables students from non-EU countries to take up full-time studies at state-recognized universities or comparable educational institutions.
What is § 16b AufenthG?
Section 16b of the Residence Act was last revised on August 16, 2023 and comes into force on March 1, 2024. It regulates the requirements for issuing a residence permit for international students in Germany. The residence permit in accordance with Section 16b AufenthG is issued for the purpose of full-time study and also includes preparatory study measures and the completion of compulsory internships. This regulation enables students to prepare for their studies by taking part in language courses or attending a preparatory college if this is required for admission to the course.
Who receives the right of residence 16b?
A residence permit in accordance with § 16b is issued if the student has been admitted to a full-time course of study by a state or state-recognized university. This permit is generally limited to two years, but can be extended if the conditions continue to be met and the progress of the studies justifies this. During their studies, students are allowed to work a limited number of days, which enables them to gain practical experience and support themselves financially.
Why does Residence permit exist for studying?
The Residence permit for studying according to § 16b AufenthG not only serves to promote the education of international students, but also the cultural and scientific enrichment of Germany. This regulation attracts international talent that contributes to diversity on campus and in the country. The opportunity to study in Germany and gain practical experience at the same time makes the country an attractive destination for students from all over the world.
Requirements for the residence permit according to § 16b
If you would like to study in Germany and take advantage of the associated benefits of a residence permit in accordance with § 16b AufenthG, you must fulfill a number of conditions. These requirements are crucial to ensure that you are well supported and prepared during your stay in Germany.
Academic admission requirements
You must have been admitted to a full-time course of study by a state-recognized university or comparable educational institution in Germany. Your academic requirements include:
Full-time studies: Your studies must be full-time.
Study preparation measures: Including attending language courses and preparatory courses if these are required for your admission.
Language skills: You must have sufficient knowledge of the language of instruction, unless this has already been tested as part of the admission decision.
Financial proof for the residence permit
In order to obtain a residence permit, you must be able to prove your financial independence during your stay in Germany. Required proof includes:
Securing your livelihood: This can be evidenced by equity, scholarships, declarations of commitment or blocked accounts.
Costs and fees: There are certain fees for the initial issue and extension of the residence permit, which vary depending on the length of stay.
Health and legal requirements
They must have valid health insurance cover and must not pose a threat to public safety or order. The following are also required:
Proof of identity: A valid passport or equivalent document.
Health insurance: Proof of health insurance valid throughout Germany.
Revocation and possibility of changing studies
There may be situations in which your residence permit must be revoked or withdrawn in accordance with Section 7 (2) AufenthG due to circumstances for which you are not responsible. This may include, for example, that your studies are no longer recognized as full-time studies under Sec. 16b AufenthG.
You then have 9 months in accordance with § 16b Para. 7 AufenthG to change your course of study or to apply for a new admission to another educational institution if this is necessary for reasons for which you are not responsible.
It is important that Foreigners' office is informed in such cases and that appropriate procedures are followed:
Application procedure: The residence permit must be applied for before your visa or visa-free stay expires.
Processing time: The processing time can vary depending on the capacity utilization of Foreigners' office (example Foreigners' office Cottbus approx. 8 weeks).
Job opportunities during your studies
The opportunity to work while studying is an essential part of the residence permit under Section 16b AufenthG, which offers both financial independence and valuable work experience for international students in Germany. From March 1, 2024, there will be a significant change that will offer students more flexibility in their work options.
Rules for student work with Section 16b AufenthG
As of March 1, 2024, you are allowed to work up to 140 full days or 280 half days per year as an international student. This change represents an extension compared to the previous regulations, where work was limited to 120 full days or 240 half days. This new regulation allows you to expand your financial resources while gaining valuable work experience in Germany.
The most important points of the rules are
Full-time equivalent: 140 full days or 280 half days.
Flexibility: Possibility to take up part-time employment during the semester or full-time employment during the semester break.
No restrictions during the vacation period: You may work without restriction during the semester break.
Effects of work on the residence permit
The opportunity to work while you are studying in Germany is not only a financial support, but also has a positive influence on your residence permit:
Integration and networking: By gaining work experience in Germany, you can expand your social and professional network, which can improve your chances of successfully remaining in the country in the long term.
Practical experience: Work experience during your studies can be crucial for your professional development and provide you with practical insights into your field of study.
Income: Additional income can help support your living expenses without constant financial worries and reduce your dependence on external sources of funding such as scholarships or family support.
The path from study permit to Settlement permit
For international students in Germany, the transition from a temporary study permit to a permanent one Settlement permit is a crucial step. This process involves various requirements and prerequisites that must be carefully considered in order to maximize the chances of a successful transition.
Transition from § 16b to Settlement permit
During your studies in Germany, you can, under certain conditions, lay the foundation for a Settlement permit in accordance with § 26 Para. 4 in conjunction with § 9 Para. 2 AufenthG . Half of the time you spent studying will be taken into account when applying for Settlement permit , up to a maximum of four years.
It is important to understand that you must apply for another Residence permit that allows you to work before applying for the Settlement permit . This is particularly relevant if you intend to work in Germany after your studies.
Steps and documents required for the change
Switching from a temporary residence permit for students to a permanent one Settlement permit requires thorough preparation and an understanding of the legal framework.
Here are some important steps and required documents you should consider:
Gainful employment after your studies: Find employment in your field of study that will allow you to change your Residence permit to a right of residence as a skilled worker. This is an important step, as periods of employment are often fully credited and you can therefore meet the requirements for Settlement permit more quickly.
Securing your livelihood: You must prove that your livelihood is secured without being dependent on public funds. This includes income from employment, savings or other verifiable financial resources.
Proof of integration: Successful completion of the integration test and sufficient knowledge of German are essential for applying for Settlement permit.
Other documents: You will need a valid passport, proof of your current residence status and documents confirming your professional activity and educational qualifications.
Family reunification under § 16b
Family reunification for people who have a residence permit in accordance with Section 16b of the Residence Act (AufenthG) is subject to strict conditions. The time limit of your Residence permit also makes the necessary long-term security for family reunification complicated.
Requirements for family reunification according to § 16b AufenthG
According to Section 30 (1e) AufenthG, family reunification is only possible if certain conditions are met:
The applicant must hold a residence permit pursuant to Section 7 (1) sentence 3 AufenthG or pursuant to Sections 3, 4, 5 or 6 or Section 37 or 38.
The marriage must have already existed when the residence permit was issued.
The stay in Germany is expected to last over a year.
The residence permit must not have been issued in accordance with Section 25 (2) sentence 1 second alternative AufenthG.
One critical point is the duration of the residence permit, which is usually only granted for two years. This calls into question the long-term security of livelihood and creates uncertainty about the future extension of the title.
Process and necessary documents for the reunification of family members
Various documents are required for successful family reunification, which must be carefully prepared and submitted. Here is an overview:
Application form: Fully completed and signed form for the issue or extension of a residence permit.
Biometric passport photo: A recent biometric photo.
Passport and copies: Valid passport including copies of data sheet, entry visa and all stamps.
Registration: Proof of registration with the authority
Marriage certificate: To be submitted with translation and apostille if available.
Health insurance: Current health insurance membership certificate, not older than three months.
Proof of residence: Current proof of residence, stamped by the landlord or with an extract from the land register of the house owner.
Declaration by the spouses: Joint declaration by each person that the spouse is supported.
Financial documents: Including employment contract, salary slips for the last six months and, if applicable, other supporting documents such as housing benefit notice or job center notice.
Proof of integration: Certificate of attendance or completion of a language and integration course.
In addition to submitting these documents, the applicant must justify why family reunification is essential for them. This may be due to family, humanitarian or professional reasons
Problems and solutions in the application of § 16b AufenthG
Section 16b of the Residence Act (AufenthG) regulates the conditions for foreign students in Germany, but also presents numerous challenges. Navigating these legal hurdles requires precise knowledge and sometimes the support of specialist lawyers.
Frequent challenges with Residence permit as a student
As an international student under § 16b AufenthG in Germany, you may encounter various bureaucratic and legal challenges:
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Financial proof: You must be able to provide proof of sufficient financial means to cover your living expenses during your studies.
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Work restrictions: The hours you are legally allowed to work are limited, which may restrict your ability to earn additional income.
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Residence permit-Extension: The conditions for extending your residence permit are often strict and can affect your study progress.
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Uncertainty about the future: Questions about opportunities after graduation, including switching to a working title or the Naturalization, often remain open and unclear.
How lawyers can help with complicated cases
If you have difficulties with Residence permit in accordance with Section 16b AufenthG, the support of a lawyer such as Migrando can be crucial:
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Document check and preparation: Lawyers help you to compile and check all the necessary documents for applying for or renewing your residence permit.
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Representation before authorities: In the event of problems or rejections, lawyers act as your representatives and communicate directly with the relevant authorities.
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Appeal: If your application is denied, attorneys can file effective appeals to improve your chances of ultimately receiving approval.
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Advice on long-term options: Get advice on your options after graduation, including switching to a working title and preparing for the Naturalization.
Conclusion
In this section we summarize everything about § 16b. This information is important to make your studies in Germany successful and to make it easier to find a job or obtain further residence permits later on.
Summary of the most important points
Legal basis: Section 16b AufenthG allows you to study in Germany. However, you must provide certain financial proof and are only allowed to work to a limited extent.
Common challenges: You may have difficulties extending your Residence permit and may feel uncertain about what will happen after your studies. In addition, Naturalization is blocked during your stay with § 16b and family reunification is often very difficult.
Role of Migrando:Migrando can be instrumental in helping you navigate through these complex requirements. From helping you create your documents to helping you if your application is rejected, Migrando is by your side.
Long-term prospects: With the right support, you can set the course for your future in Germany, whether through Settlement permit or Naturalization.
It is very important that you deal with these issues early enough and get support to successfully overcome all challenges and achieve your goals. Migrando is here to help you.
Settlement permit with § 16b AufenthG?
FAQ - The most important questions and answers on § 16b AufenthG
In order to obtain a residence permit in accordance with § 16b AufenthG, you must meet the following requirements:
Academic admission: You must be admitted to a full-time course of study by a state-recognized university in Germany.
Financial security: You must be able to prove that you can support yourself during your studies. This can be proven by equity, scholarships, declarations of commitment or blocked accounts.
Health insurance: You must provide proof of valid health insurance that is valid throughout Germany.
Valid passport: A valid passport or equivalent identity document is required.
The change from a residence permit according to § 16b to Settlement permit requires that you:
Professional position: After your studies, find a qualified job that corresponds to your degree.
Residence: As a rule, you must have worked in Germany for at least 2 years with an employment permit.
Securing your livelihood: You must prove that you can secure your livelihood without state support.
Language skills: Sufficient knowledge of German and knowledge of the social and legal order through an integration test are required.
With a Residence permit according to § 16b you may:
work 120 full days or 240 half days per year. Since March 1, 2024, this has been extended to 140 full days or 280 half days.
Work without restrictions during the semester break.
Family reunification under § 16b AufenthG is often difficult, as you have to prove that you have a long-term means of subsistence and your Residence permit is limited to 2 years. The Naturalization is also blocked under § 16b AufenthG, which can further complicate the process.
If you drop out of your studies, you will lose the reason for your Residence permit under § 16b. You must then either switch directly to another Residence permit or leave Germany because you no longer qualify for § 16b.
Yes, you can apply for a residence permit to look for a job if you have successfully completed your studies. This allows you to stay in Germany for up to 18 months to find a job that matches your qualifications. Once you have successfully found a job, you can then apply for a residence permit for employment.
