Conditional admission to university for foreigners: Legal basis and practical advice

1. Admission to study despite missing final decisions

It's not uncommon for prospective international students to find themselves in a situation where they have received a provisional or conditional acceptance from a university, but have not yet received final admission to a course of study, preparatory college, or language course. Section 16b, Paragraph 5 of the Residence Act (AufenthG) provides the option of a so-called study-related residence permit , which legally secures their stay even before unconditional admission is granted.

This regulation is of great importance for foreign applicants, as it provides for a flexible and case-by-case discretionary decision by the immigration authorities. However, unlike regular admission under Section 16b Paragraph 1, there is no legal entitlement to admission – rather, the authorities must conduct a plausibility check and also consider the discretionary considerations pursuant to Section 16 of the Residence Act.

2. Case groups: When is a conditional approval relevant?

The legal system distinguishes in Section 16b Paragraph 5 Sentence 1 Nos. 1-3 different constellations of conditional authorisations:

a) Authorisation subject to conditions (No. 1 lit. a)

In practice, the condition often requires the submission of certain documents – such as proof of completion of a previous degree program . Proof of sufficient language skills may also be such a requirement. In addition, personal attendance at the university may be required for a final decision.

b) Admission with compulsory attendance at the preparatory college (No. 1 lit. b)

In this case, admission to a university has been granted, but it is subject to the condition that the applicant first attends a preparatory college—without having already been admitted to the college. Even in such cases, a residence permit can be granted, provided the intention to study is plausible.

c) Part-time studies (No. 1 lit. c)

Part-time study programs are not covered by EU Directive 2016/801 (REST Directive) , as it only recognizes full-time studies. However, under national law, a residence permit is also possible for part-time studies, provided strict requirements are met. These include a study volume of 50% or more of a full-time program and a maximum of 20 hours of work per week alongside the studies. This is intended to prevent part-time studies from being misused for work purposes.

d) Admission to the language course without admission to university (No. 2)

Attending a preparatory language course can also be the basis for a residence permit – but only if it is actually aimed at studying. Pure language courses without any study-related relevance are exempt from this rule (Section 16f of the Residence Act). Important: If a language course visa is mistakenly issued under Section 16f, a change to Section 16b can still be made later – without having to go through a new visa procedure (Section 5 (2) Sentence 2 of the Residence Act).

e) Preparatory internship (No. 3)

If a university placement has not yet been accepted, a mandatory internship can be recognized as a preparatory measure for studies. However, if admission has already been granted, the internship is considered part of the study program according to Article 3 No. 3 of the REST Directive and is subject to the general regulations for students.

3. Legal consequences and practical advice

If a conditional admission exists within the meaning of Section 16b (5), the remaining paragraphs of Section 16b apply accordingly (Section 16b (5) Sentence 2 of the Residence Act). This means, in particular:

• The rules on language certificates , extensions and changes of purpose apply accordingly.

• A change from a language course (§ 16f) to a course of study (§ 16b) is legally permissible.

• Employment during the validity period of the residence permit is – analogous to regular students – only permitted during the lecture-free period or as part of a compulsory internship.

It should be noted that some diplomatic missions abroad mistakenly issue visas only for language courses under Section 16f. Those affected should therefore point out the relevance of the course to studies and request a correct classification under visa law.

Conclusion

Conditional admission to study for foreigners pursuant to Section 16b Paragraph 5 of the Residence Act offers a legally sound instrument for securing residence rights for international students in complex admission situations at an early stage. A careful case-by-case examination , a coherent study perspective, and the submission of appropriate documentation are crucial.