Educational migration in Germany (§§ 16 ff.)
All information on educational migration and obtaining a visa for educational purposes in Germany.
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Educational migration is a broad field and primarily encompasses immigration to Germany for the purpose of studying ( Section 16b of the Residence Act ), for in-company training ( Section 16a of the Residence Act ), for school and language courses , and for internships. There are other (generally less practical) residence permits for educational purposes. Overall, the entire third section of the Residence Act (Residence Act) covers the area of educational migration.
On this page you will find all VISAGUARD guides on the topic of educational migration, with the focus on the student visa (Section 16b of the Residence Act) due to its great practical relevance. In this regard, we also refer to our Article on the topic of work permits for students (140/280 days rule) .
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Educational migration and REST policy
The basis for German educational migration is the European REST Directive (REsearchers and STudents; ( Directive (EU) 2016/801 )). With the REST Directive, the European Union has created a binding framework that regulates the residence requirements for third-country nationals who wish to stay in Europe for the purposes of study, research, or further training. Germany incorporated these requirements into national law in 2017 through the Act Implementing EU Residence Law Directives on Labor Migration. Since then, foreign applicants who fall within the scope of the directive have had a legal right to be granted a residence permit for study purposes (Section 16b of the Residence Act) resulting from Section 16b of the Residence Act. The aim of the REST Directive is not only to facilitate access to European education, but also to promote mobility, integration, and the long-term retention of skilled workers within the EU internal market.
Principles of educational migration
This European aspiration was taken up and further developed in Section 16 of the German Residence Act. This provision contains a fundamental programmatic statement that makes clear that stays for educational purposes serve not only to acquire knowledge and skills, but also to strengthen Germany as a center of science, to secure skilled workers , and to pursue development policy objectives. Section 16 of the Residence Act thus represents a central interface between EU law, skilled labor policy, and security policy interests. The REST Directive is significantly reflected here through corresponding recitals – particularly numbers 3, 7, and 8. This provides authorities with discretionary criteria that must be considered when making decisions regarding educational stays.
Mobility according to the REST Directive
A particularly important aspect of the REST Directive is the promotion of mobility within the EU . Students who are already residing in another member state can, under certain conditions, study in Germany for up to 360 days without a new visa ( Section 16c of the Residence Act ). Likewise, the previously strict ban on changing the purpose of residence for students and trainees has been significantly liberalized through the implementation of the REST Directive. Today, a change to other purposes of residence – such as employment as a skilled worker or other qualified training – is generally possible. The legislature thus recognizes that flexibility and permeability are key success factors for successful educational and labor migration.
REST Directive and skilled immigration
The REST Directive not only provides the legal basis for educational stays, but has also significantly shaped the structure of the Skilled Immigration Act . By establishing a legal right to a residence permit for study purposes, a clear signal was sent: foreign students should be able to integrate into the German labor market in the long term. Students and trainees can now transition into skilled employment – even without a degree – if they have relevant professional experience or an equivalent qualification.
This liberalization of residence law addresses the structural demand for skilled workers, particularly in technical-academic and IT-oriented fields. Changing degree programs or study locations is now largely unproblematic. This systematically aligns the Residence Act with the requirements of a modern education and labor market. The REST Directive not only provides the legal basis but also sets substantive standards for a future-oriented migration policy that specifically integrates young, well-qualified third-country nationals into the national skilled labor strategy.
FAQ Educational Migration
What is the REST policy?
The so-called REST Directive (Research and Studies) (2016/801/EU) of 11 May 2016 regulates the conditions for the entry and residence of third-country nationals for research or study purposes, to complete an internship, to participate in voluntary service, student exchange programs or an educational project and to carry out au pair work.
Does the REST Directive also apply to the United Kingdom?
No, the REST Directive did not apply to the United Kingdom (UK) even before its withdrawal from the EU.
