More trouble with immigration authorities at franchise universities

The semester is underway, the tuition fees have been paid, the The residence permit is only supposed to be extended – and then, instead of the appointment, a hearing notice arrives in the mailbox. We are currently receiving further reports from lawyers about precisely this situation: Immigration authorities , currently in the Barnim district of Brandenburg, are informing students of the Berlin School of Business and Innovation (BSBI) that BSBI is merely a franchise of a foreign university group and not a recognized private university. The potential consequences are significant: their residency permits may be revoked. Study programs under Section 16b of the Residence Act should no longer be accepted. This issue is not new. The debate surrounding franchise-based study programs has been ongoing for years, flaring up repeatedly in waves.

What is behind the dispute over BSBI?

BSBI is a private educational institution in Berlin, part of the international Global University Systems group. It does not award its Bachelor's and Master's degrees itself, but rather in cooperation with partner universities abroad, primarily from [country/region missing]. Great Britain . So you study in Berlin but receive a British degree. This franchise model is precisely what makes the institution attractive to many international students – English-language programs, fast admission, a degree with international recognition. Students from the UK also... The USA and Canada choose such programs precisely because of the language of instruction.

However, from a residency law perspective, this model is a gray area. This is because German law does not link the student visa to the degree itself, but rather to the institution where the studies are undertaken.

What exactly does Section 16b of the Residence Act require?

According to Section 16b Paragraph 1 of the Residence Act, a A residence permit for the purpose of full-time study is granted if the person in question has been admitted to a state university, a state-recognized university, or a comparable educational institution . A franchise establishment without its own state recognition under German state law does not fall into the first two categories. Everything therefore hinges on the third: Is it a "comparable educational institution"?

The Residence Act does not define this term. This is where European law comes into play. Section 16b of the Residence Act implements the so-called REST Directive ( EU ) 2016/801. Article 3, No. 4 of this directive defines a higher education institution as any institution that is recognized or considered as a higher education institution under national law and awards recognized higher education degrees. It remains unclear which national law is meant: German law at the place of study or the law of the state whose higher education institution awards the degree? Since Brexit, a further question arises, as British higher education institutions are, from the perspective of the EU institutions of a third country. Ultimately, only the European Court of Justice could definitively clarify this question of interpretation – but no such ruling has yet been issued.

Why treat Are immigration authorities' franchise models really so different?

Legally, the situation is therefore not clear. In practice, however, it is: some franchise models exist. Immigration authorities repeatedly encounter problems. Whether this restrictive stance is legally sound is open to serious question. For those affected, however, local administrative practice is what matters first.

From our consulting experience, we are familiar with the typical patterns. The German diplomatic mission issues the Visa based on the admission notice, entry proceeds without problems, even the first Residence permits are still issued. Only upon renewal or after a change of caseworker is the institution itself called into question. Furthermore, there is a jurisdictional issue that many underestimate: the responsible authority is... The immigration office of your place of residence, not the one of your place of study, is responsible. Those studying at BSBI in Berlin but living in the more affordable surrounding area of Brandenburg will end up dealing with an authority that may handle Berlin-based franchise businesses very differently than the one in Brandenburg. State Office for Immigration . The fact that fellow students in the same course of study are treated differently is difficult to explain – but it's reality.

This mistrust is exacerbated by the public debate surrounding private universities that specifically target international students while offering little to no in-person instruction. This also casts reputable institutions under general suspicion.

What does a hearing mean specifically for BSBI students?

A hearing pursuant to Section 28 of the Administrative Procedure Act (VwVfG) is mandatory before the authority issues an adverse decision. A hearing is not yet a decision – but it is the last opportunity to influence the case file before a decision is made. Depending on the stage of the proceedings, the extension may be rejected, the validity period may be subsequently shortened pursuant to Section 7 Paragraph 2 Sentence 2 of the Residence Act (AufenthG), or even the permit already granted may be revoked. Residence permit pursuant to Section 48 of the Administrative Procedure Act.

Anyone who submits an application for extension of their residence permit in good time before its expiry is initially considered to be legally residing in Germany, according to Section 81 Paragraph 4 of the Residence Act, and receives a certificate of deemed residence. However, if the authorities reject the application, an appeal against this decision has no suspensive effect according to Section 84 Paragraph 1 Number 1 of the Residence Act. In that case, an urgent application pursuant to Section 80 Paragraph 5 of the Code of Administrative Court Procedure must be filed with the administrative court to temporarily avert the obligation to leave the country. In such cases, legal proceedings are not an end in themselves, but often the only way to achieve the desired outcome. to continue studies without interruption.

What mistakes do we repeatedly see after a hearing?

The most common reaction is to wait and hope the university will sort it out. The second most common is to forward a standard letter from the institution without comment. Both approaches fall short. The authority examines each case individually and expects a critical examination of its reasoning. General information from forums or legal tech tools is also unhelpful because it lacks knowledge of the specific case file and the policy of the relevant authority.

In such cases, we first request access to the files pursuant to Section 29 of the Administrative Procedure Act (VwVfG) to see on what the authority is actually basing its decision. Our statement then addresses several points: the open wording of Section 16b of the Residence Act (AufenthG), its interpretation under European law, and the protection of legitimate expectations. Visas and previous residence permits were granted with knowledge of the same institution, and proportionality – especially in cases of demonstrable academic progress shortly before graduation.

What alternatives are there if the authorities remain firm?

Not every case needs to go all the way to the Court proceedings may be initiated. Sometimes the strategically smarter approach is to transfer to a state or state-recognized university, where the purpose of residence is [not specified]. To maintain their studies , they need to pay attention to timing, credit transfer for previous coursework, and a complete application process. Those who have already completed their studies face the next question: Will the franchise qualification be accepted for employment as a specialist or for the Is the EU Blue Card recognized as comparable under Section 18g of the German Residence Act? Early verification via the anabin database or a certificate evaluation by the ZAB (Central Office for Foreigners) is recommended.

This also affects employers and HR departments who want to hire BSBI graduates. Anyone who wants to determine the residency status of a future Specialist only after signing the Reviewing the employment contract risks jeopardizing the start of the job at the The immigration office fails.

How do we support those affected?

We have overseen hundreds of cases in student and skilled worker residence law and are familiar with the differences between Berlin and Berlin. The State Office for Immigration and the authorities in the surrounding area. We review your hearing, prepare a well-founded statement, support you with a possible university transfer, and represent you in expedited proceedings if necessary. Most importantly: Contact us as soon as you receive the hearing notice – the deadlines are usually short.

Conclusion

Whether franchise facilities like BSBI are "comparable educational institutions" within the meaning of Section 16b of the German Residence Act (AufenthG) is not definitively settled under the law and is ultimately a question of European law. However, it is certain that individual Immigration authorities repeatedly view these facilities critically – with real consequences for Studies , residency, and career entry. Anyone who receives a hearing notice should not ignore it, but rather use the deadline to substantiate their position both legally and practically. The sooner we are involved, the more options remain open.