The Administrative Court (VG) in Berlin dealt with this question. In its ruling, the court clarified that a Residence permit study purposes may only be granted if personal presence in Germany is truly necessary for the success of the studies.
What does that mean in concrete terms?
The case: Master's degree program and dispute over residence permit
The lawsuit was filed by a student from India. After successfully completing her bachelor's degree, she was admitted to an English-language master's program at a university in Germany. She initially received a visa to begin her studies and traveled to Germany in October 2024.
At the beginning, the university offered courses both online and on-site. Students could decide for themselves how they wanted to participate in their studies. In February 2025, she applied to the relevant Foreigners' office Berlin for a residence permit for study purposes (§ 16b AufenthG).
The authorities then requested proof that she was personally attending the courses. Although the student provided the proof, the authorities still Residence permit her a Residence permit .
The reason: from the authority's point of view, the actual purpose of the residence permit – i.e. residence for study purposes – was not fulfilled, as the course was essentially an online course. The authority argued:
- Permanent residence in Germany is not necessary for successful completion of the degree program.
- Individual on-site events are Residence permit sufficient for the Residence permit if they can also be attended online and absence does not have any negative consequences for your studies.
The student then filed a lawsuit.
University changed the requirements
During the court proceedings, the university changed its course offerings. On-site attendance became mandatory. The student switched to this model and signed a new study contract. In it, she committed to attending all classes in person in Germany. In addition, the university announced that it would keep attendance lists and Foreigners' office them to the Foreigners' office if necessary.
Nevertheless, one key question remained unanswered for the court: although the new study model required personal attendance on site, did absence actually have negative consequences for the course of study?
Background: What are the requirements for a Residence permit Section 16b of the Residence Act (AufenthG)?
Several requirements must be met in order to obtain a residence permit for study purposes in accordance with Section 16b of the Residence Act. The most important requirement is admission to a full-time course of study at a state university, a state-recognized university, or a comparable educational institution.
In addition, applicants must have sufficient funds to cover their living expenses, demonstrate adequate knowledge of the language of instruction, and provide proof of valid health insurance coverage.
In practice, the Foreigners' office checks whether staying in Germany is really necessary for the success of the studies. The authorities take a closer look at degree programs that are conducted entirely or partially online. Among other things, they check:
- Is personal attendance at the on-site courses mandatory?
- Does absence have specific disadvantages for your studies?
- Do the exams have to be taken in Germany?
Degree programs that can be completed entirely or partially online may be problematic in terms of residence law —even if they are formally designated as full-time programs.
Court ruled: Stay must be necessary for academic success
The student lost the lawsuit.
The court agreed with the Foreigners' office. It ruled that enrollment at a German university is Residence permit sufficient grounds for a Residence permit . Rather, a residence permit for study purposes requires that the stay in Germany is absolutely necessary for the successful completion of the degree program.
The court emphasized two points in particular:
- Online exams argue against the need for a residence permit in Germany. If exams can also be taken from abroad, permanent residence is not necessary.
- On-site events alone are not enough. The decisive factor is whether participation is mandatory and whether absence has specific disadvantages for the student's studies, such as failing a course.
In the plaintiff's case, many exams could also be taken online. In addition, the court saw no negative consequences for her studies in the absence of attendance. Therefore, she was not entitled to a residence permit.
What does this mean for foreign students in Germany?
The ruling makes it clear that enrollment at a university is not sufficient to obtain a residence permit for study purposes (Section 16b of the Residence Act). Nor is the designation as a full-time or on-campus program sufficient on its own.
The decisive factor is whether staying in Germany is necessary for the success of the course of study. Foreign students should therefore carefully check how their course of study is organized.
The Foreigners' office takes a particularly critical view of Foreigners' office in which exams or courses can be taken entirely or largely online. This argues against the need for permanent residence in Germany.
Even a contractual obligation to attend is not automatically sufficient. The decisive factor is whether absence has real disadvantages, for example: loss of exam credits, failure to pass courses, or an extension of the duration of study.
If such consequences are not met, this may cause problems for the granting or renewal of the residence permit.
What happens next?
The ruling is not yet final. The court has allowed an appeal. The judges considered the question of when a course of study requires "sufficient" attendance to be very important. A final clarification by higher courts is therefore still pending.
Until then, the following applies to international students: Especially in the case of digital or hybrid degree programs, it should be checked at an early stage whether personal presence in Germany is really necessary—and whether this can be proven to the Foreigners' office .
