student visa, § 16b AufenthG

German lawyer explains how to get a visa to study in Germany (training visa Germany).
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Here you learn ...
Requirements for a student visa
How to apply for a visa to study in Germany
how you can work as a foreign student
whether you are allowed to change your course of study
Table of contents
1. Visa to study in Germany
2. Study visa Germany requirements (including blocked account)
3. Documents and application procedure for a student visa in Germany
4. Expiry of student visas and change of purpose of student visa
5. Post-Study Work Visa
6. FAQ Student Visa
7. Conclusion
1. Visa to study in Germany
The right to study in Germany is guaranteed by the constitution and European law . This applies not only to German students, but also to (third-party) foreigners. The opportunity to study in Germany is therefore not a privilege granted by the authorities, but a right of every person in the world (case of entitlement). The authorities are therefore obliged to allow foreigners to study if the relevant requirements are met. This was even confirmed by the European Court of Justice (ECJ) (ECJ, judgment of 10 September 2014, C-491/13 (“Ben Alaya”)).
The proportion of foreign students in Germany is constantly increasing, partly due to the good admission conditions. Every year , around 450,000 foreigners study at German universities . Most foreign students come from India, China and Turkey, i.e. mainly from third countries or non-European states.
In order to study in Germany, foreign students need a residence permit that allows them to stay in Germany . In principle, you can study with any type of residence permit and also with permission or toleration. So if you already have a residence permit (e.g. to work), you can also study without changing your residence permit (unless the ban is explicitly noted on the card (so-called secondary condition)).
2. Study Visa Germany Requirements
To apply for a study visa for Germany, you must meet the following requirements:
Admission and corresponding admission letter at an accredited university,
Blocked account and livelihood security,
if necessary, proof of language skills,
stay for the purpose of studying,
if necessary, parental consent.
The requirements are explained in more detail.
2.1 Admission and admission letter at an accredited university
The most important requirement for studying in Germany is admission to a state college/university, a state-recognized college/university or a comparable educational institution. To prove this admission to the embassy, you must submit the admission letter or at least a certificate of reservation of a place at the university when you come to the embassy. A final notification from Uni-ASSIST is usually sufficient. When applying for a course, you should also make sure that the college/university is recognized in Germany. You can find out whether your college/university is recognized or accredited in Germany using the so-called “university compass” .
2.2 Blocked account and livelihood
In order to apply for a visa, every foreigner in Germany must prove that he or she can support himself or herself or that he or she has sufficient financial resources to stay in Germany (Section 5, Paragraph 1, No. 1 of the Residence Act). In the case of economic migration, this is usually done through an employment contract. However, since students usually do not (only) secure their livelihood through work, there are a few special requirements for students when it comes to proving that they will finance their stay .
How much money do I need as a student?
How much money you need for a visa in Germany depends on how long you need to study. Basically, you have to prove the so-called BAföG rate for each month you need to study. The BAföG rate is currently 934 euros per month or 11,208 euros per year (§§ 13, 13a para. 1 BAföG). There are various ways to prove to the authorities that these funds are actually available:
blocked account for students ( blocked account ),
Proof of parents’ income and assets ,
Scholarship,
Bank guarantee and declaration of commitment.
Funding must always be proven one year in advance. For blocked accounts, proof of 11,208 euros must currently be provided. A very regularly used provider of blocked accounts is Fintiba (not an affiliate link) .
In the case of a scholarship , the funding must come from German public funds or from a funding organization recognized in Germany. If the scholarship was arranged through the German Academic Exchange Service (DAAD), the scholarship must be financed from public funds in the country of origin. This must be proven to the embassy.
2.3 Proof of language skills
In principle, a student visa in Germany requires that the applicant has sufficient knowledge of the German language . However, whether this knowledge is present is not checked by the embassy, but by the universities or colleges. Proof of language skills to the embassy is therefore only required if the college/university has not already checked whether the applicant meets the language requirements when admitting them. Language skills are usually proven by one of the following tests (no affiliate links):
German language skills: “ Test German as a Foreign Language ( TestDaF ) ” or “ German Language Examination for University Entrance for Foreign Applicants ( DSH ) ”
English language skills: “ Test of English as a Foreign Language ( TOEFL ) ” or “ International English Language Testing System ( IELTS ) ”
2.4 Purpose of stay: study (abuse test)
The purpose of entering and staying in Germany with a student visa must actually be to study in Germany. In many cases, the embassies suspect abuse because they think that the studies are just an excuse to stay in Germany permanently. When applying for a student visa for Germany, you should be extremely careful not to give the embassy the impression that you do not actually plan to study in Germany . This is especially true for visa applications from African countries. The embassies usually become suspicious if one of the following indications is present:
poor school performance in the home country or dropping out of studies in the home country,
Financing not sufficiently proven (blocked account),
submit multiple visa applications (especially if, for example, family reunification has been attempted previously),
no knowledge about the desired course of study or the course of study does not match the school's main interests,
It is not clear from the CV what professional advantages the applicant could gain from studying in Germany.
If one of the above-listed factors applies to your case, it is advisable to seek advice from a lawyer specializing in migration law before applying for a visa. Embassies in countries with high "migration pressure" (e.g. Africa and Southeast Asia) are often very prejudiced and reluctant to issue study visas . A lawyer specializing in visa law can use his or her legal skills to help you overcome the resistance of the authorities . In this respect, many rejections by embassies in these countries are unlawful. Carrying out a remonstration procedure or a lawsuit before the Berlin Administrative Court can often still lead to the visa being issued.
3. Documents and application procedure for a study visa in Germany
3.1 Apply for a study visa for Germany at the embassy
If you want to apply for a visa to study in Germany from abroad at the embassy, you must read the guides on the website of the respective embassy to find out how the procedure works. For India, China and Turkey, for example, you can find the relevant guides for applying for a study visa for Germany here:
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!

The processing time for student visa applications varies from country to country. However, according to the REST Directive, visa applications for student visas must be processed as quickly as possible, but no later than 90 days (Article 34 paragraph 1 REST Directive).
If you have any further questions about the documents or the application, one of our VISAGUARD lawyers will be happy to assist you.
3.2 Apply for a residence permit to study in Berlin (State Office for Immigration (LEA))
If you are already in Germany and want to apply for a study visa, you must do this at the immigration office of your place of residence . In Berlin, the State Office for Immigration (LEA) is responsible for issuing residence permits for the purpose of studying. To apply for a residence permit for studying in Berlin, you must submit the following documents to the State Office for Immigration (LEA) using the online contact form :
completed and signed form “Application for a residence permit” (PDF) ,
valid passport,
biometric photo,
Blocked account with credit balance (or confirmation of parents’ assets or scholarship certificate),
health insurance certificate,
certificate of enrollment,
Registration confirmation from Berlin.
The initial application for a residence permit for studying in Berlin costs 100.00 euros . The extension costs 93.00 euros.
5. Expiration of study visas and change of purpose of student visa
A residence permit for study purposes is often subject to a so-called "resolutive condition", such as "Expires upon completion of the history course at Humboldt University". If this condition occurs, for example because you change your course of study or university or are exmatriculated , the residence permit expires automatically, even if the validity date has not yet expired. You must then submit an application for a residence permit for the new course of study before you change your place of study and have it approved.
If you are threatened with having your residence permit revoked due to exmatriculation, you should hire an immigration lawyer.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
In practice, it is relatively common for residence permits for students to expire because the foreigner has dropped out of his or her studies. The affected people are often then forced to leave the country.
5. Post-Study Visa Germany
As a graduate of a German university, you will receive a residence permit for an initial period of 18 months to look for a job after successfully completing your studies, Section 20 Paragraph 3 No. 1 of the Residence Act. While you are looking for a job, you are allowed to work as a national of a higher education institution. You should make full use of the 18 months (even if you have a job offer), as your employment contract can still be terminated during the probationary period, for example. If you are still within the 18 months, you will have a valid residence permit despite the termination. However, if you already have a skilled worker immigration title (e.g. EU Blue Card) at that point, you can no longer apply for a visa to look for a job in accordance with Section 20 Paragraph 3 of the Residence Act.
You can usually find further information about the post-study visa on the website of your immigration authority.
6. FAQ (Study Visa)
Do I also need a residence permit for Germany as a European student?
No, as a European student, you do not need a residence permit to study in Germany. Your status as an EU citizen allows you to enter and stay in Germany for the purpose of studying.
How long is the student visa for Germany valid?
According to the instructions of the Federal Foreign Office, student visas are generally issued for at least 12 months (often for 24 months).
When can my application for a student visa be rejected?
When your application for a student visa can be rejected depends on Section 19f of the Residence Act. The most common reasons for rejection are the following:
no more money to study,
bad notes,
lack of knowledge of the German language
How do I know if my college/university is recognized?
Can I also get a visa to study at a private university?
Yes, visas to study at private universities can also be issued as long as the university is accredited.
Do I have to study full-time to get a student visa for Germany or is part-time study sufficient?
To be eligible for a visa to study in Germany, you must generally be admitted to full-time study. However, the authorities may also grant admission to part-time study at their discretion (Section 16b (5) of the Residence Act).
Can I change my place of study with a student visa?
With a student visa, a change of subject is often only permitted during the first few semesters. Subsequent postgraduate studies are possible if one can expect to successfully complete the program within a total stay of 10 years. However, the practices of the immigration authorities vary considerably in this regard.
How often can I change my place of study with a student visa?
Your student residence permit will be extended as long as you expect to be able to achieve your academic goals. Depending on your average study time, after a certain period of study, the immigration office will request a study forecast from the university stating when you expect to successfully complete your studies.
How much does a residence permit to study in Germany cost?
The fee for applying for a German student visa is 75 euros.
Can I apply for BAföG as a foreigner?
You can also apply for BAföG as a foreigner (Section 8 BAföG). However, this does not apply if you hold a student visa according to Section 16b of the Residence Act (see Sections 8 ff. BAföG).
Can I also get a visa to prepare for my studies?
According to Section 16b Paragraph 1 Sentence 2 of the Residence Act, the purpose of study also includes preparatory measures for studies, so that a visa can also be obtained for this purpose.
Can I also get a visa to apply for a study program?
Yes, a foreigner can be granted a residence permit for up to nine months for the purpose of applying for a university degree if he or she has the educational and language requirements to begin studying or is expected to acquire these within a period of stay of up to nine months and his or her livelihood is still secured (Section 17 (2) of the Residence Act).
Can I study in other EU countries with a German residence permit?
Within the framework of EU mobility, you can also study in other Member States (with the exception of Ireland and Denmark) for up to 360 days with a residence permit for study purposes in Germany (Section 16c Paragraph 1 of the Residence Act).
7. Conclusion
A study visa for Germany is issued on the basis of Section 16b of the Residence Act (AufenthG) and entitles third-country nationals to begin full-time studies at a German university. Requirements are usually a letter of admission, a blocked account with €11,208, valid health insurance, and proof of sufficient language skills (if necessary). During the course of study, applicants are permitted to work 140 full days or 280 half days per year. Dropping out of studies, changing subject areas, or lack of funding may result in the revocation of their residence permit. After successfully completing their studies, they can switch to a post-study work visa ( residence permit for job search purposes, Section 20 of the Residence Act ).
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List of sources
[1] BeckOK AuslR/Fleuß, 42nd Ed. 1.7.2024, Residence Act § 16b Rn. 1 - 96
[2] NK-AuslR/Stahmann, 3rd edition 2023, Residence Act § 16b
[3] Bergmann / Dienelt, Aliens Law, 15th edition 2025, §§ 16 ff.
[4] von Planta, Christoph, Educational Migration in Transition, Asylum Magazine, Issue 3/2019, p. 48 ff.
[5] Regarding the right of foreigners to complete a course of study in Germany, see ECJ, judgment of 10 September 2014, C-491/13 (“Ben Alaya”)
[6] Regarding the legality of conditions subsequent in studies, see, among others, VGH Mannheim, decision of 11.12.2013 - 11 S 2077/13 – BeckRS 2014, 46012
[7] Regarding the expiration of the ban on change of purpose by leaving the country, see OVG Weimar, decision of 11 January 2021, 3 EO 279/19
[8] Regarding the binding effect of university assessments, see HessVGH decision of 23 July 2012 – 3 B 874/12; SächsOVG decision of 21 January 2011 – 3 B 178/10, BeckRS 2011, 47464
[9] Visa Handbook, Scholarship Holders, 75th Supplement, Status: 08/2022
