Guerrilla warfare between the IU - University of Applied Sciences for International Students and the State Office for Immigration (LEA)

In Berlin, there is currently a growing number of cases in which international students are being denied an extension of their residence permit for studies – even though they have long been in the country, are studying successfully, and have legally met all requirements to date. Students at the IU International University are particularly affected. They are suddenly accused of not being "on-campus studies" as defined by Section 16b of the Residence Act – even though they have been studying normally in Germany for years. What sounds like bureaucratic nitpicking has dramatic consequences for many of those affected: their further studies are blocked, their residence permit is expiring, and in some cases, they are threatened with deportation. We summarize what has happened – and what solutions are available.

What happened in the “IU cases”?

For several years now, IU (IU - University of Applied Sciences for International Students) has been offering several international study programs organized according to a special learning model—a combination of on-campus and digital teaching formats . This concept has been reinforced by the COVID-19 pandemic and was initially accepted by official bodies . In the following years, numerous students received visas and residence permits on this basis to begin their studies in Germany.

However, for about a year now, the Berlin State Office for Immigration (LEA) has increasingly rejected applications for extensions of these residence permits. The reason given was that the program is "not a classroom-based program" because some of the courses are held online. This meant that the purpose of residence according to Section 16b Paragraph 1 of the Residence Act was missing . Although the State Office for Immigration (LEA) had issued and extended corresponding residence permits for extended periods, the authority suddenly changed its position – even though nothing had changed regarding the degree programs or the students. Nevertheless, a new legal opinion is suddenly being adopted – with serious consequences for the students.

Is the State Office for Immigration right in the IU cases?

Whether the Berlin Immigration Office is acting lawfully in the IU cases is controversial. Section 16b Paragraph 1 of the Residence Act permits residence for the purpose of studying at a state-recognized university. The decisive factor is therefore that the study is "full-time" and aimed at obtaining a recognized university degree. The wording of the law and the so-called "REST Directive" do not require full attendance. In practice, many international students today study hybrid – partly online, partly on campus. During the COVID-19 pandemic, it was normal for almost all degree programs to be fully online, even "on-campus" programs. Whether the LEA is within its rights is therefore questionable. However, this is a matter for the courts to clarify.

The consequences: Blocked educational biographies and lost trust

For those affected, the decision means more than just a paperwork war. Many of them have relocated their lives to Germany, invested in training and rent, and successfully studied for years. They are in the middle of their studies – and now they are suddenly expected to leave the country because the administration has adopted a new legal approach. In some cases, third-country nationals are taking out loans totaling tens of thousands of euros to be able to study in Germany. The LEA's decision in the IU cases could therefore lead to the destruction of entire lives .

What can those affected by IU cases do?

VISAGUARD receives countless cases from students at IU - University of Applied Sciences for International Students. The pattern is always the same: residence permits are not renewed, fictitious certificates are not issued, or the residence permit is revoked. From a legal perspective, the chances of success are unfortunately very slim . While it is a contentious legal issue and proceedings before the administrative courts could be successful, this usually does not help in the short term. The State Office for Immigration (LEA) has proven very persistent in this matter and will most likely not shy away from pursuing the legal dispute through all instances. Court decisions may therefore be years in the future. By then, it will be too late for most of those affected.

Therefore, IU students in the affected programs are advised to look for alternatives. If you, as an IU student, still have your blocked account and the opportunity to change your program, you should definitely take advantage of this opportunity. VISAGUARD does not recommend engaging in legal proceedings with the State Office for Immigration (LEA) if you lack the necessary resources. You will be wasting your money and risking your residency. We would be happy to advise you in more detail on this topic.

Conclusion: A system conflict on the backs of the students

The current dispute between IU International University and the Berlin State Office for Immigration demonstrates how quickly legal ambiguities and administrative shifts in policy can have serious consequences for international students. While IU sees its hybrid study model as a future-oriented and practical solution, the LEA suddenly interprets the legal requirements restrictively – with the result that students who have been living and studying legally in Germany for years are now plunged into existential uncertainty.

The young people affected are thus caught between the fronts of differing legal interpretations, without having any influence over them. What appears to be an administrative decision actually leads to dropouts, financial losses, and the loss of residency rights. The LEA's approach not only violates the principle of legitimate expectations, but also the spirit of the Skilled Immigration Act, which was intended to position Germany as an open and education-friendly location.

It remains to be hoped that courts or political decision-makers will soon provide clarity – in the interests of students, whose educational backgrounds make an important contribution to the internationalization of German higher education. Until then, those affected should seek legal advice early on, consider alternatives, and avoid making hasty decisions. VISAGUARD is available to advise students in this situation – with the goal of finding individual solutions and making the best possible use of the legal options.