Myth: Is studying a “temporary stay”?

Many case workers believe that studying under Section 16b of the German Residence Act (AufenthG) is only a " temporary " stay. This notion has considerable practical significance, for example, when considering whether study periods should be credited towards naturalization. It stems from the idea that Germany is happy to educate international students, but politely but firmly shows them the door after they receive their diplomas. The persistent rumor is that studying is merely a "guest appearance"—a temporary stay without any prospect of permanence. However, while this myth has taken root in the minds of many affected individuals (and unfortunately, some authorities as well), the legal reality is quite different.

Misconception is based on an old law

To understand why the myth of studying as a temporary stay persists so stubbornly, we need to look at legal history. Before the current Residence Act (AufenthG) came into force , the legal situation was indeed restrictive. In the era of the old immigration laws, studying was often considered a mere guest stay . One came, studied, and left again. A change of purpose , that is, the transition from education to permanent employment, was fraught with significant obstacles or simply not provided for. Those who remained in Germany at that time often did so under legally precarious circumstances. This outdated way of thinking has left its mark – not only in the minds of immigrants, but also in antiquated administrative regulations and among case workers who completed their training under the old paradigm.

The paradigm shift since 2004

The real turning point came in 2004 with the introduction of the Residence Act. For over two decades, it has been enshrined in law that students no longer have to leave . Germany has recognized that it simply cannot afford to export the knowledge it has cultivated. The decisive factor was the opening up of the so-called change of purpose, particularly through the introduction of the residence permit for job seeking ( § 20 AufenthG ). While previously one had to leave the country to return with a new visa , modern law allows direct entry into the labor market. The new Skilled Immigration Act has significantly strengthened this pathway. Today, university studies are effectively the first step towards permanent residency . The hurdles for switching to a residence permit for employment have been lowered to such an extent that it can now be clearly stated: those who successfully complete their studies here have their ticket to a permanent future in their pocket.

University studies as a foundation for naturalization: Every day counts

A common misconception in this context concerns the calculation of time for German citizenship . I often hear that years spent studying "don't count" when it comes to later naturalization. This is not a concern. Since studying (and, according to the visa handbook , also language course visas ) is now recognized as a long-term and permanent stay, this period is generally fully creditable. Anyone who chooses to study in Germany today starts accumulating "points" towards German citizenship from day one. The days of uncertainty are over; immigration law views today's student as tomorrow's citizen. The combination of simplified change of purpose and the full crediting of residency periods makes education one of the most reliable paths to successful integration.

Conclusion: Time for a new sense of self-confidence among international students

In summary, the myth of a purely temporary stay is a relic of past decades. The legal framework has changed radically in favor of students. Germany wants to retain the skilled workers it trains at its universities. Studying is no longer a temporary stint, but rather the foundation for a permanent life and the eventual acquisition of citizenship. As a lawyer, I therefore advise every student: Don't let outdated rumors or skeptical voices at the authorities unsettle you. The law is on your side – the path from the lecture hall to permanent residency is clearer than ever before.