The Berlin Administrative Court establishes a uniform line of jurisprudence regarding Section 16b and distance learning.

According to the Berlin Administrative Court , the granting of a residence permit for study purposes under Section 16b Paragraph 1 Sentence 1 of the German Residence Act (AufenthG) depends crucially on the requirement that residence in Germany is essential for the success of the studies . In its judgment of November 28, 2025 (Case No. 11 K 175/25) , the Berlin Administrative Court reiterated that this requirement is not automatically met simply because examinations can be taken online and the university does not impose study-related sanctions for non-attendance at in-person classes.

The ruling underscores that the question of mandatory attendance for international students is not legally straightforward. In particular, it concerns the weight given to contractually agreed-upon attendance requirements on campus and whether the absence of sanctions jeopardizes their residency permit. The court thus demonstrates that the actual structure of study programs and the enforcement of attendance regulations can be crucial – a point that affects many universities and students in Berlin.

Connection to the IU cases

The problem is closely linked to recent developments at the IU – University of Applied Sciences for International Students . The Berlin State Office for Immigration (LEA) is increasingly refusing to extend residence permits because the study programs are not recognized as "on-campus study" within the meaning of Section 16b of the German Residence Act . Many students who have been legally studying in Germany for years and have successfully completed their studies are now suddenly facing existential problems.

The parallels to the administrative court's decision are obvious: In both cases, the question is when a course of study actually requires mandatory residence in Germany. While the court in its November ruling focuses on the existence of sanctions, the LEA ( and now also the Berlin Administrative Court ) argues in the IU cases that the hybrid design of the degree programs does not, in principle, fulfill the attendance requirements.

Consequences for international students

For affected students, this creates considerable uncertainty. Those enrolled in a hybrid study program must expect that their residence permits will not be extended, even if it is not a case specifically related to IU. From a legal perspective, this reveals a fundamental conflict between legal requirements, university regulations, and administrative practice. Students, especially at private universities like IU, are therefore well advised to carefully examine their options, seek legal counsel early on, and consider possible alternatives – such as changing their course of study or seeking administrative clarification.

Conclusion: Study visas require mandatory attendance

With the rulings of the Berlin Administrative Court, the legal question should now be settled for the time being : Hybrid degree programs that do not include a significant amount of on-campus attendance (and, of course, corresponding distance learning programs) do not meet the requirements for a residence permit for study purposes according to the current interpretation of Section 16b of the German Residence Act . Students should be prepared for this policy to be consistently enforced by the authorities and should explore alternatives in a timely manner. Career and educational plans should therefore be realistic and seek legal advice early on.

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