What is § 16f AufenthG?
§ Section 16f AufenthG deals with participation in school attendance and participation in a language course. Let's start with an overview of the paragraph, differences to other residence titles and new features of Section 16f AufenthG.
Overview of the paragraph and its meaning
Section 16f AufenthG refers to the granting of a residence permit for participation in language courses that do not serve the purpose of preparing for studies or for school attendance from the 9th grade onwards.
What is new is that since 01.03.2024, Residence permit school attendance is no longer a discretionary decision by the authorities, but a legal entitlement under certain conditions. This makes it much easier for international pupils to obtain such a Residence permit and start their school career in Germany.
The requirement is § 16f paragraph 1 AufenthG:
Legal text: "A foreigner may be granted a residence permit to attend language courses that do not serve the purpose of preparing for studies or to participate in a student exchange. A residence permit for participation in a student exchange can also be issued if no direct exchange takes place."
The specification of which school is eligible under the Residence Act can be found in Section 16f (2) of the Residence Act:
- Students must attend a recognized school from the 9th grade onwards.
- An international composition of the school class must be guaranteed.
- The school must prepare students for international qualifications or have an international orientation.
With regard to school visits for bilateral reasons, there are certain requirements under Section 16f (4) AufenthG:
Legal text: "Bilateral or multilateral agreements between the federal states and public authorities in another state on the attendance of domestic schools by foreign pupils remain unaffected. Residence permits for school attendance may only be issued on the basis of such agreements if the highest state authority responsible for residence law has approved the agreement."
Differences to other residence permits such as § 16b or § 17 AufenthG
While Section 16f AufenthG focuses on language courses and school attendance, Sections 16b and 17 AufenthG are aimed at students and skilled workers who are seeking academic or vocational training in Germany. In contrast to Section 16b (5) AufenthG, which covers preparation for studies, Section 16f is specifically for language courses not related to studies and international school visits.
There are also clear differences in the requirements and possible activities during the stay, such as the work permit with § 16f AufenthG, which only applies when attending a language course and is limited to a maximum of 20 hours per week.
New features of Section 16f AufenthG due to the Skilled Immigration Act
The Skilled Immigration Act has greatly simplified access to this Residence permit Before March 1, 2024, the decision to issue a residence permit was a matter of discretion for the authorities. Now there is a legal entitlement, provided the requirements are met.
Requirements for Residence permit in accordance with § 16f AufenthG
If you are planning to send your child to school or take a language course in Germany, Residence permit in accordance with Section 16f AufenthG is a promising option. But before you start the application, you should know and fulfill the most important requirements.
Participation in language courses and school attendance
There are two main areas of focus when granting a residence permit for school attendance in accordance with Section 16f AufenthG: Language courses and school attendance.
- Language courses: You can apply for a Residence permit if you or your child would like to take part in a student exchange in accordance with paragraph 1 that does not serve to prepare for studies. This means that the language course is for general education or to improve language skills without any direct link to an academic career.
- School attendance: Since the amendment to the law on March 1, 2024, there has been a legal entitlement to attend school at Residence permit . This is set out in Section 16 (2) AufenthG. It is important here that school attendance takes place from the 9th grade and that the school meets certain criteria, such as an international orientation.
Conditions for the issue of the residence permit
The granting of a residence permit depends on various conditions that must be met. These conditions for school attendance according to paragraph 2 of § 16f AufenthG apply to both the school and the student. Here is an overview:
Recognized schoolsThe school your child wishes to attend must be either a public, state-recognized or private school with an international orientation. Private schools must have a proven track record of preparing students for international qualifications or qualifications from other countries.
Examples for schools:
- Secondary school
- Grammar schools
- Comprehensive school
- Schools with sixth forms
- Secondary school up to 10th grade
- Private schools and boarding schools with 10 classes and an international focus
International student bodyAn important prerequisite is that the class consists of pupils of different nationalities.
Step-by-step guide to applying for § 16f AufenthG
Applying for a residence permit in accordance with Section 16f AufenthG can seem complex at first glance. However, we have put together a clear step-by-step guide to help you through the process safely and well prepared.
Which documents are required?
Here is a list of the most important documents you will need:
- Valid passport: The student must have a valid passport.
- School or course certificate: An official confirmation from the school or language course provider that the student has been accepted.
- Proof of livelihood: You must prove that you are able to support yourself during your stay in Germany. This can be through financial means, scholarships or support from third parties.
- Health insurance: Proof of health insurance is mandatory in order to be covered in the event of illness.
- Possibly: Proof of accommodation: In some cases, proof of accommodation may be required.
Where and how do I apply for § 16f AufenthG?
The issue of a visa for the purposes of residence regulated in § 16 f AufenthG requires the approval of Foreigners' office in accordance with § 31 Para. 1 No. 1 AufenthV if the stay is planned for longer than 90 days. For this reason, a visa must be applied for in advance at the diplomatic mission/embassy abroad.
Here is an overview of the steps:
- Preparation of the documents: Make sure that you have compiled all the above-mentioned documents completely and correctly.
- Appointment at the embassy to apply for the visa: You first submit the application for the visa and make an appointment at Foreigners' office for the time when you are in Germany to start.
- Make an appointment with Foreigners' office : The following applies to appointments with Foreigners' office : Many immigration authorities work according to an appointment system. Book an appointment early, as processing times can often be long.
- Submit the application online (if available): Some cities now offer the option of preparing and submitting the application online. Contact your local authority to find out whether this is possible.
- Submission of the application: Bring all the necessary documents with you to the appointment. The application will be submitted in person and biometric data such as fingerprints may be recorded if necessary.
Processing time and important deadlines
After submitting the application, you should expect a processing time of 4 to 6 weeks, depending on the workload at Foreigners' office. During this time, the authority will check the documents and make a decision.
Important deadlines that you should observe:
- Early application: Submit the application at least 3 months before the planned start of school attendance to avoid delays.
- Validity of the residence permit: The Residence permit is usually issued for the duration of the school year or language course. Plan an extension in good time if you wish to continue your stay in Germany.
Rights and obligations during the stay according to § 16f AufenthG
The Residence permit in accordance with Section 16f AufenthG not only entails rights, but also obligations. Here we explain the options for obtaining a work permit and how you can extend or change your Residence permit if necessary.
Work permit and working time restrictions
During your stay in Germany with a Residence permit in accordance with § 16f AufenthG, special rules apply to the pursuit of gainful employment. This is particularly relevant for students and language course participants who would like to secure themselves financially in addition to their stay.
- Pupils: Pupils who are in Germany in accordance with § 16f AufenthG are generally not entitled to gainful employment. This means that they are not allowed to work while attending school.
- Participants in language courses: The rules are slightly different for participants in language courses. When taking part in a language course, language learners (not just students) can work up to 20 hours per week in order to pursue gainful employment.
It is important that these restrictions are strictly adhered to, as violations of the work restrictions can lead to legal consequences, including the possible loss of the residence permit.
Possibility of extending and changing the residence permit
A Residence permit in accordance with § 16f AufenthG is usually issued for the duration of the language course or school year. But what happens if the school attendance or course lasts longer or you want to stay in Germany to apply for a different type of Residence permit ?
The regulations on this can be found in Section 16f (3) AufenthG:
Legal text: "During a stay for the purpose of attending school in accordance with paragraph 2, a residence permit for another purpose of stay shall generally only be issued in cases of a legal entitlement. Following a stay to participate in a school exchange, a residence permit for another purpose may only be issued in cases of a legal entitlement. § Section 9 AufenthG (Settlement permit) does not apply."
Extension of the residence permit: You have the option of extending your Residence permit in good time before it expires if the requirements are still met. This applies in particular if you continue to attend school or a language course. Make sure you apply for the extension at least 2 months before your current residence permit expires in order to avoid delays.
Change of residence title: If your plans change after completing your schooling or language course, you have the option of changing to another Residence permit . For example, after completing your schooling, you can apply to obtain Residence permit under §§ 16b,16e or 16c AufenthG for study purposes or under § 18 AufenthG for vocational training or residence for the purpose of gainful employment. The prerequisite is that the relevant requirements of the new residence permit are met.
Conclusion on Section 16f AufenthG
As you can see, Residence permit in accordance with § 16f AufenthG offers international students the opportunity to study at a recognized school in Germany from the 9th grade onwards. We have summarized the most important points to give you a brief overview of this complex topic.
The most important key points of the stay for school visits
- Attendance at an international or state-recognized school.
- A secure livelihood.
- Clear restrictions on work permits (only for language courses to learn German up to 20 hours/week).
- The stay can be extended - it is important to observe the application deadlines 2 months before the expiry of § 16f AufenthG.
- The change to another Residence permit is subject to legal requirements. It is possible to change to a residence permit for training/employment (18 AufenthG) or to study (16b AufenthG).
- The change to Settlement permit is not possible with § 16f AufenthG.
The future for Section 16f AufenthG
The amendment to the Skilled Immigration Act has simplified access for international students. In the future, § 16f AufenthG will continue to play an important role in strengthening Germany as an educational location for international students and promoting intercultural exchange. Plan early to benefit from the new regulations.
FAQ - Frequently asked questions about § 16f AufenthG
The 16f visa refers to the Residence permit in accordance with § 16f AufenthG, which enables international students to attend school or take part in a language course in Germany.
§ Section 16 of the Residence Act regulates residence for educational purposes, including studies, school attendance and language courses. § Section 16f is a subsection that refers specifically to school attendance and language courses.
The requirements include attendance at an international or state-recognized school from the 9th grade and proof of a secure livelihood.
No gainful employment is permitted for students. However, participants in language courses may work up to 20 hours per week.
Yes, the Residence permit can be extended if the requirements are still met. The extension application should be submitted in good time.
Public or state-recognized schools with an international orientation as well as private schools that prepare students for international or state-recognized degrees are eligible.
After attending school, the Residence permit cannot be automatically extended. However, it is possible to switch to another Residence permit, e.g. for a course of study or training.
