University place lawsuit

University place lawsuit for foreigners: How it works

Here you learn ...

what a university place lawsuit is
how the university place lawsuit works for foreigners
when the university place lawsuit has a chance of success
what the university place lawsuit costs for foreigners

1. Obtain a university place as a foreigner

2. How does a university place lawsuit work for foreigners?

3. When does the university place lawsuit have a chance of success?

4. How much does a university place lawsuit cost for foreigners?

5. FAQ Study Place Lawsuit Visa

6. Conclusion: Lawsuit for university places for foreigners

1. Obtain a university place as a foreigner

International students generally have the opportunity to apply to German universities. However, competition is particularly fierce in programs with restricted admission, such as medicine or pharmacy, and rejections are not uncommon . Filing a university place lawsuit offers international applicants a legal option to defend themselves against a rejection and still obtain a place or the acceptance required for a student visa.

In a university place lawsuit, the applicant claims that the university has more places available than officially stated (not reaching capacity). The goal of a university place lawsuit is what is known as admission beyond capacity. The basis is an application to the administrative court. The chances of success depend heavily on the specific degree program, the university, and the number of co-plaintiffs.

2. How does a university place lawsuit work for foreigners?

International applicants generally do not need to have participated in the Foundation for University Admissions' central allocation process to file a university place lawsuit. Instead, it is usually sufficient to apply directly to the university for a place outside of the regular capacity, in the correct form and within the deadline. Only those who have submitted this application on time can subsequently file a lawsuit.

The process often begins with an application to the administrative court , sometimes also for preliminary legal protection ( Section 123 of the Administrative Court Code ). If the case goes to a second instance, legal representation is mandatory – the lawyer's presentation often influences whether the student place is ultimately awarded. Prior legal advice is therefore recommended, especially for international students who are unfamiliar with German law.

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3. When does the university place lawsuit have a chance of success?

The chances of securing a place depend on whether a university has actually not fully utilized its capacity. If the court determines this, additional places may be created. These are then often allocated among the applicants by lottery or—depending on the federal state—based on criteria such as high school diploma grades or waiting time.

The chances of success increase when students apply to multiple universities simultaneously and file multiple lawsuits. The rule of thumb is: the fewer co-plaintiffs, the higher the chance of securing a place. However, the process is highly competitive, especially in medical programs . For international applicants, a strategically planned lawsuit can still be the key to securing their desired degree program.

4. How much does a university place lawsuit cost for foreigners?

The costs of a university admission lawsuit consist of several components: court costs , the legal fees of your own and the opposing attorney, and possible additional costs (e.g., translations, document procurement, travel expenses). These costs vary depending on the number of proceedings initiated and the complexity of the case.

Some legal expenses insurance policies cover the costs of a university place lawsuit, provided the policy covers it. However, this is rarely the case for international students. Therefore, a transparent cost breakdown should be obtained in advance from a specialized lawyer. Filing multiple lawsuits at different universities can quickly add up to several thousand euros.

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5. FAQ Study Place Lawsuit for Foreigners

What is a university place lawsuit?

A university place lawsuit is a legal procedure used by applicants to attempt to obtain a university place despite being rejected. It is directed against a university's decision not to offer a place and is usually based on unused capacity.

Can foreign students also file a lawsuit?

Yes. International applicants can also file a lawsuit for a university place, provided they have submitted an application for admission beyond the university's capacity in due form and within the deadline.

What requirements do I have to meet to file a lawsuit?

You must have applied directly to the university outside of the regular application process. Prior participation in centralized application processes (such as hochschulstart.de) is often not mandatory. However, the application must be submitted correctly and on time.

What are the chances of success?

This depends on the course of study, the university, and the number of plaintiffs. Competition is particularly fierce in subjects like medicine. Better chances often exist at smaller universities or when there are only a few co-plaintiffs.

How much does a university place lawsuit cost?

Costs vary widely. Depending on the number of cases and their complexity, expenses can amount to several thousand euros. This includes legal and court fees, as well as any translation or travel expenses.

6. Conclusion: Lawsuit for a visa

Filing a university place lawsuit can be an effective way for international applicants to obtain a place despite being rejected – especially in high-demand subjects like medicine. However, the process requires strategic planning, sound legal advice, and a realistic understanding of the chances of success. The costs should also be carefully calculated in advance. Those willing to take this route can take the decisive step toward studying at their desired university in Germany by filing a university place lawsuit.