FAQ for international students

Legal information

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The information provided on this website is for general information purposes only and does not replace (legal) advice. The free and freely accessible information originates from sources that the Verein zur Förderung der Wissensregion Düsseldorf e.V. considers to be reliable, in particular from the Düsseldorf Municipal Aliens Authority. Despite careful checking, the Verein zur Förderung der Wissensregion Düsseldorf e.V. cannot accept any liability for the accuracy, completeness and up-to-dateness of the content compiled in good faith. The Verein zur Förderung der Wissensregion Düsseldorf e.V. reserves the right to make changes or additions to the information provided on this website at any time and without prior notice. The Verein zur Förderung der Wissensregion Düsseldorf e.V. is not obliged to keep the information on this website up to date. As a user of this website, you are responsible for informing yourself about changes or additions to the information on this website.

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General information

2. What is the difference between a visa and a residence permit?

A visa and a residence permit are both temporary residence titles.

A visa is required when entering Germany from a third country and must be obtained from the German embassy before departure.
A visa initially entitles you to a maximum stay of 90 days within a 180-day period of validity.

If the stay is to extend beyond this, a residence permit must be applied for in Germany at the relevant immigration authority.
A visa is required for this type of residence permit.

3. What is a fictitious certificate?

A fictitious certificate is issued if a decision cannot yet be made on a residence title applied for, for example because documents are missing or the foreigner's file is not available, an electronic residence title (eAT) ordered cannot be issued before the previous residence title expires or the outcome of criminal proceedings must be awaited.

A fictitious certificate can only be issued if the residence is still legal at the time of the application for the issue or extension of a residence title.

If you still have a valid residence permit (residence permit or national visa for longer-term stays - category D), a fictitious certificate will be issued in accordance with Section 81 (4) of the Residence Act.

The residence permit remains valid with all ancillary provisions (including those relating to employment) until a decision has been made on the application.
Travel abroad and re-entry into the Federal Republic of Germany are possible with a valid fictitious certificate in accordance with Section 81 (4) of the Residence Act.

If the applicant is lawfully residing in Germany without a visa because their nationality entitles them to do so, a fictitious certificate will be issued in accordance with Section 81 (3) of the Residence Act.

Residence in the federal territory is therefore permitted until a decision has been made on the application.
However, this fictitious certificate does not entitle the holder to re-enter the federal territory.
Taking up gainful employment is also not permitted.

Fictitious certificates cannot be issued for the following decisions under residence law:

  • Residence permit
  • Residence card according to the Freedom of Movement Act/EU
  • Permanent residence card in accordance with the Freedom of Movement Act/EU
  • Tolerance
  • Settlement permit/permanent residence permit
  • (Schengen) Visa C/ Visit and business visa / Tourist visa

Taken from: Fictitious certificate - State capital Düsseldorf

4. Which residence permit do I receive as an enrolled student?

If all requirements are met, students from third countries receive a residence permit to study (§ 16b AufenthG).

All necessary information can be found here: Residence permit for studying - Landeshauptstadt Düsseldorf.

5 What happens during the time when I do not have a residence permit?

If you do not have a residence permit, you are at best in possession of a valid visa or a valid fictitious certificate.

If you do not have any valid residence documents, you are staying in Germany without authorization.

Beantragung

1. Who cannot apply for a residence permit for study purposes (in Germany)?

Anyone in Germany who does not yet have a residence title, a fictitious certificate of residence or a visa for a longer-term stay and who does not come from a privileged country must always first apply for a visa in the country in which they are currently resident.

In particular, it is not possible to switch from a stay as an asylum seeker or from a tolerated stay or a Schengen visa (tourist) to a residence permit in accordance with Section 16b AufenthG.

2. When do I have to apply for a residence permit?

The application for a residence permit must be submitted before the visa expires, preferably by e-mail if a personal visit is not possible.
If no registration address can be provided at this time, a delivery address (private individuals or homeless assistance organizations) should be provided where the person concerned can be contacted (§ 15 VwVfG).

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors.
Köllen Druck+Verlag GmbH, 2020.

3. I have not yet found an apartment in Düsseldorf and am staying with relatives or in a hotel. Can I apply for a residence permit?

In order for the Düsseldorf Foreigners' Registration Office to have local jurisdiction, you must have a registration address in the Düsseldorf city area. If, for example, you live with relatives and are registered there with the Residents' Registration Office, you can also apply for a residence permit.

4. I have not yet registered with the City of Düsseldorf. Can I apply for a residence permit?

No, because the local jurisdiction of the Foreigners' Registration Office Düsseldorf is then not given.

6. How do I apply for a residence permit? Where do I start?

If you come to Germany from a country outside the EU or EEA to study, you will need a residence permit for your subsequent stay, even if you did not need a visa to enter the country. To do this, you must register with the foreigners authority at your place of residence within three months of entering the country.

Taken from: Enrolling and settling in

7. How long does it take on average to process an application for a residence permit?

The processing time depends on many different factors, so it is not possible to give an average processing time.

8. I have not yet received any feedback from the Foreigners' Registration Office about the status of my residence permit as a student. What should I do?

If you have not received any feedback, please be patient.
Please refrain from repeatedly asking about the processing status.

These result in an increased workload for the clerks, which generally lengthens the work processes.

Studium

1. Do I need a study certificate for a residence permit for study purposes or is admission sufficient?

The general requirements for obtaining a residence permit must be met.

Study application - It must be ensured that there are no fundamental obstacles to admission (missing school requirements cannot be made up here).

Study preparation - admission to a preparatory intensive language course or preparatory college.

Study - admission by a training institution.

You are responsible for submitting your application in good time.

An informal application is possible.
You only have to fill in an application form if you are applying for a residence permit in Düsseldorf for the first time.

Taken from: Residence permit for studying - City of Düsseldorf (duesseldorf.de)

2. It will take me longer than the standard period to complete my studies. What is the maximum amount of time I can study?

Exceeding the average duration of studies - not the standard period of study - by up to three semesters is considered unproblematic (VwV AufenthG 16.1.1.6.2), but ultimately the assessment of the immigration authority always depends on whether the student can still be expected to complete their studies within a reasonable period of time at the time of the forecast (Section 16b (2) sentence 4 AufenthG).
The assessment is therefore made with a view to the future, not the past (OVG Magdeburg of 14.2.2020 - 2 M 3/20; VG Karlsruhe of 3.4.2017 - 7 K 7667/16).

In administration and case law, a maximum duration of ten years for the entire period of study, including study preparation but not including the doctoral period, has become established as a general limit (VwV AufenthG 16.2.7).

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

3. I will soon be completing my studies. Do I need a new residence permit? When do I have to apply for this?

As soon as you have finished or broken off your studies, you will need a new residence permit. Which one depends on your future plans.

If you intend to remain in Germany in order to pursue employment, you will require a residence permit in accordance with Section 4 of the Residence Act (residence for the purpose of gainful employment).

Finanzielles

1. How can I prove that I can support myself as a student?

There are various ways of proving your income:

  • A certificate from a German bank confirming a balance of at least €11,208 in a blocked account from which only 1/12 of the deposited amount may be paid out each month; such an account can often be opened from abroad at a branch of a German bank or through the intermediary of another bank.
  • The deposit of an irrevocable bank guarantee of at least €11,208 per year with a German bank, although the fees for such a guarantee are very high.
  • The declaration of commitment of a person living in Germany according to § 68 AufenthG.
  • Proof of maintenance payments by the parents by presenting their income and financial circumstances.
    In this context, the immigration authorities often require a notarized declaration and bank statements from the last six months or a bank guarantee.
  • Proof of a scholarship of at least € 934 from public funds from a recognized funding organization or from public funds of the country of origin, if the Federal Foreign Office, the German Academic Exchange Service (DAAD) or another German scholarship-giving organization has taken over the placement at the German university.
  • employment contract.
  • Monthly income from employment.
  • If you are entitled to BAföG, your means of subsistence are deemed to be secured (Sec. 2 (3) Sentence 2 No. 5 AufenthG).

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

2. What do I need to bear in mind when making a declaration of commitment?

Persons from third countries who wish to apply for a visa in Germany and do not have the financial means to finance their stay can be invited by persons living in Germany by submitting a declaration of commitment to a German immigration authority.
With this declaration, the inviting person undertakes to be financially liable or to act as guarantor for the visa applicant during their stay in Germany.

Taken from: Visa to study (make-it-in-germany.com)

3. I work during my studies. What do I have to watch out for?

International students who do not come from the EU, EEA or Switzerland may work 140 full or 280 half days per year or 20 hours per week.
You do not need the approval of the Immigration Office for this.
If you want to work more than 140 full or 280 half days or 20 hours per week per year, you need the approval of the Foreigners' Registration Office.

International students from third countries may only work independently with the permission of the immigration authorities! In some residence permits, permission for self-employment is already noted and does not have to be applied for separately.

One exception, however, is work as an academic or student assistant at the university or as a tutor at the student union: as long as your studies are not at risk, this work can be carried out for an unlimited period of time.
However, the Foreigners' Registration Office must be informed.

Taken from: DSW International Students: Jobbing (internationale-studierende.de)

Wechsel/Änderungen

1. I would like to change my place of residence. Can I do that? What do I have to do?

The residence permit according to § 16b AufenthG is not tied to a place of study or a university.
You can therefore continue your studies in the same or a comparable degree program at another university.

It is essential to ensure that you register with the registration office of your new place of residence if you move.

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

2. I would like to change my degree program. Can I do that?

The residence permit according to § 16b AufenthG is not tied to a place of study or a university.
You can therefore continue your studies in the same or a comparable degree program at another university.

The residence permit may contain further ancillary provisions relating to the university or the course of study, which must be amended by the immigration authority.
However, there is a legal entitlement to the continuation of the residence permit as long as the other requirements (prognosis for the course of studies, securing a livelihood, valid passport) are met.

The change of degree program requires a residence permit for a changed purpose, because the residence permit pursuant to Section 16b para.
1 AufenthG only ever relates to a specific course of study (OVG NRW of 17.10.2019 - 18 B 907/19).

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

3. I would like to change university. What do I have to do if I have to move away from Düsseldorf?

The residence permit according to § 16b AufenthG is not tied to a place of study or a university.
You can therefore continue your studies in the same or a comparable degree program at another university.

If you change your place of residence, please make sure that you register at the registration office of the new place of residence.
Your file at the Düsseldorf Foreigners' Registration Office will be forwarded to the Foreigners' Registration Office in your new place of residence.

The residence permit may also contain further ancillary provisions relating to the university or the course of study, which must be amended by the immigration authority.
However, there is a legal entitlement to the continuation of the residence permit as long as the other requirements (prognosis for the course of studies, securing a livelihood, valid passport) are met.

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

Reisen

1. May I travel abroad in the event of a family emergency and return to Germany if my residence permit has not yet been issued?

This depends on your current residence document.
For example, if you have a valid fictitious certificate in accordance with § 81 Para.
4 AufenthG, you can travel abroad with a valid passport.

Niederlassungserlaubnis

1. I would like to obtain a permanent residence permit during or after my studies. What conditions do I have to fulfill?

A settlement permit in accordance with § 9 AufenthG cannot be issued during a period of study (§ 16b Para. 4 Sentence 2 AufenthG) or during a residence permit for job-seeking purposes (§ 20 Para. 4 Sentence 4 AufenthG). Only when a residence permit has been issued for the purpose of gainful employment is it possible to consolidate residence by means of a settlement permit. Various special time limits apply for this. When calculating the time limits, periods of residence for study purposes are counted as half of the time limit, up to a maximum of two years:

  • Residence permit according to § 18a AufenthG (employment with professional qualification), 18b para.
    1 AufenthG (employment with a university degree), § 18d AufenthG (residence permit for researchers): three years.
  • EU Blue Card and knowledge of German at level B1: 21 months
  • EU Blue Card and knowledge of German at level A1 (only for English courses): 27 months
  • Self-employment: three years
  • Residence permit for other purposes (§ 19c AufenthG): five years

The following additional requirements must also be met:

  • The job or self-employed activity must still exist at the time of the application.
  • The livelihood - also for family members in Germany - must be secured.
  • Pension insurance contributions must have been paid for the same period as the previous periods of residence or an equivalent private pension scheme must have been set up.
  • There must be no reasons of public safety and order, including no significant criminal offenses, to prevent the issuance of the permit.
  • Basic knowledge of the legal and social order must be demonstrated;
  • For this purpose, you are required to take the "Living in Germany" examination at an integration course provider (not for self-employed persons).
  • Sufficient living space for the whole family (12 square meters per person, 10 square meters for children under six) must be demonstrated (not for self-employed persons).

Due to the requirement for pension provision, periods of study can only be taken into account if employment subject to compulsory insurance (including as a working student) has already been carried out during this time.
Whether pension contributions from marginal employment can also be taken into account has not yet been decided by the courts.

The granting of a settlement permit for self-employed persons before the expiry of five years is at the discretion of the immigration authority, so public interests that are not expressly mentioned can also be taken into account.

Taken from: Frings, Dorothee. Residence and social law for international students: Handout for counselors. Köllen Druck+Verlag GmbH, 2020.

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