Studying for refugees in Germany – legal framework and perspectives

The question of the conditions under which refugees are allowed to study in Germany is not only relevant to migration policy, but also of considerable importance for skilled immigration . Below, you will learn about the requirements for studying for persons with international protection status – especially if they are already studying in another EU member state.

Legal basis: Section 16b Paragraph 7 of the Residence Act

With Section 16b Paragraph 7 of the Residence Act (AufenthG), the German legislature has created a separate regulation that allows persons with international protection (i.e., refugees or persons entitled to subsidiary protection under Sections 3 and 4 of the Asylum Act) to enter Germany for the purpose of studying – even if they have already obtained their protection status in another EU member state. Unlike for regular third-country nationals, the so-called REST Directive (Directive (EU) 2016/801) does not apply here (see Article 2 Paragraph 2 Letter a of the REST Directive). Nevertheless, the German legislature has created a comparable mobility regulation to integrate this group of persons into the higher education system.

Requirements for the granting of a residence permit

Refugees with protection status in another EU country can obtain a residence permit to study in Germany if:

• they have been studying in the other Member State for at least two years ,

• the requirements of Section 16c Paragraph 1 Sentence 1 No. 2 of the Residence Act are met (in particular proof of securing a livelihood),

• admission to a German educational institution has been obtained.

This residence permit is issued for a limited period of time for the specific period of study in Germany. Regarding employment opportunities , the general regulations for students in Section 16b Paragraph 3 of the Residence Act apply accordingly – i.e., part-time employment of up to 120 full days or 240 half days per year is permitted.

Visa procedure and application of Section 5 of the Residence Act

In contrast to Section 16c of the Residence Act, which also permits visa-free residence under certain conditions, Section 16b Paragraph 7 generally requires a regular visa procedure . This results from the lack of a legal entitlement to a visa in the law – there is no legal entitlement to its issuance.

However, according to Section 5 (2) Sentence 2 of the Residence Act, the visa procedure may be waived if the start of studies is imminent, thus constituting an atypical, urgent case. The application of general requirements for issuing a visa under Section 5 (1) of the Residence Act is generally required, whereby prohibitions of discrimination under EU law (e.g., Article 21 of the EU Charter of Fundamental Rights) must be taken into account.

Assessment in the context of skilled immigration

Enabling refugees with protection status from other EU countries to pursue higher education is not only sensible from an integration policy perspective, but also a strategic tool in the context of skilled immigration . Obtaining a domestic academic degree improves long-term prospects for residence and significantly facilitates access to the German labor market. At the same time, the regulation underscores the need for a Europe-wide coordinated migration and education policy in which mobility and integration are not in conflict with each other.

Conclusion

Refugees with protection status from another EU member state are permitted to study in Germany under certain conditions. The legal basis is Section 16b, Paragraph 7 of the Residence Act (AufenthG). This regulation promotes mobility within the EU, but is characterized by national peculiarities (e.g., visa requirements). Those affected or higher education institutions involved in implementing this regulation should seek legal advice early on, as the individual case assessment can be complex. As an immigration lawyer at VISAGUARD, you can contact us. I support you with the application process, visa questions and the clarification of individual requirements.