Ruling: Costs of securing living expenses for students do not include tuition fees

Studying in Germany is the perfect entry point for international talents, young professionals, and academics from countries like the USA, Great Britain, or Canada into a promising career in the heart of Europe . However , the path to a residence permit for study purposes under Section 16b of the German Residence Act (AufenthG) is fraught with bureaucratic hurdles in practice. The question of how much wealth is required for the so-called "residence permit" is particularly problematic . The requirement to actually prove sufficient means of subsistence regularly leads to conflicts with immigration authorities . A recent, landmark ruling by the Higher Administrative Court of Berlin-Brandenburg (Case No. OVG 2 S 8/26) now brings considerable relief for international students and clearly calls into question the restrictive practices of the Berlin State Office for Immigration ( LEA ). For those affected and for HR departments that employ international student workers, this decision is a real milestone.

Do international students have to save up their tuition fees in advance?

At the heart of the case was a dispute between an international student and the state of Berlin over the question of what financial resources are mandatory for obtaining a residence permit . Section 5, paragraph 1, number 1, in conjunction with Section 2, paragraph 3 of the German Residence Act (AufenthG) stipulates that the applicant's livelihood must be secured . The benchmark here is the maximum monthly BAföG (Federal Training Assistance Act) rate . However, the Berlin Immigration Office argued that, in addition to this standard rate, all tuition fees must also be fully covered and documented in advance. At first glance, the Immigration Office 's argument is not entirely without merit: since the specific purpose of the residence permit is study and the payment of tuition fees constitutes a legal obligation to the university, it is reasonable to assume that these costs are part of the student's basic needs. However, the Higher Administrative Court of Berlin-Brandenburg rejected this broad interpretation, which is highly burdensome for students, and upheld the lower court's decision. Such an obligation cannot be readily derived from either German law or the underlying EU Directive 2016/801, as there is no explicit national implementing act. The judges clarified that this is a complex, unresolved legal question which, in expedited proceedings, must not be interpreted to the detriment of the applicant.

Why are out-of-court negotiations dangerous when deportation is imminent?

When the immigration authorities reject an application for visa extension or issuance , the bureaucratic hurdles often quickly turn into existential anxiety. Understandably, many affected individuals in this situation try to engage in dialogue with the authorities, submit additional documents, or persuade the case worker to change their mind through out-of-court negotiations. Caution is advised when deportation is imminent: If deportation or the immediate enforcement of a removal order is already a possibility, purely out-of-court negotiations with the authorities are extremely risky. From our many years of experience as a law firm specializing in visa law, we know that the immigration authorities can create a fait accompli at any stage and initiate deportation proceedings. As soon as residency is seriously jeopardized, legal action before the administrative court is unavoidable. An application for a preliminary injunction or an order suspending the deportation order must be filed immediately . Only a court proceeding or an emergency court order offers the necessary, legally binding protection against deportation and ensures the person's continued stay in Germany while the main proceedings are underway.

What impact will the ruling have on subsequent visa extensions?

Academic professionals and young professionals often worry that perceived financial difficulties or legal disputes from their studies could later cause problems when renewing their visa or switching to a residence permit as a skilled worker (e.g., under Section 18b of the German Residence Act). They fear that case workers might deliberately search for "past mistakes" from their studies in order to block future applications.

We can offer some reassurance here: Such a targeted search for past errors is not a standard practice in regular administrative procedures . When considering a change of purpose or an extension, authorities primarily examine the current requirements – namely, the employment contract , qualifications, and the current ability to secure one's livelihood through salary. Nevertheless, the recent case before the Higher Administrative Court of Berlin-Brandenburg demonstrates the importance of a sound legal foundation from the outset to avoid even being targeted by restrictive case-by-case reviews.

Conclusion

The ruling by the Higher Administrative Court of Berlin-Brandenburg sends a strong signal for Germany as a center of education and business. It protects international students and prospective professionals from arbitrary additional financial burdens that are not legally enshrined. Anyone pursuing studies or a career in Germany should not be intimidated by official demands that exceed the standard BAföG (Federal Training Assistance Act) allowance. However, in the case of restrictive decisions or even threatened enforcement measures, the following applies: Don't waste time with risky discussions, but immediately secure your right of residence through legal action . As an experienced law firm, we provide strategic support to help you assert your rights against the immigration authorities and ensure your stay in Germany is legally secure.