By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
University studies or vocational training in Germany can open the way into later working life. What matters is choosing the right purpose of residence from the outset.
At a Glance
A long-term residence requires a national visa, which is issued before entry. Nationals of the eight states listed in § 41 AufenthV, by contrast, may enter without a visa even for a residence that is not a short stay. A required residence title can then be obtained in Germany. Under paragraph 3 of this provision, the residence title is to be applied for within 90 days of entry. A widespread misconception is that visa-free entry also permits continued residence without an application.
The issuance of a residence permit requires that you entered with the required visa and that you already provided the information relevant to the issuance in the visa application. Many people try to enter on a Schengen visa and to obtain the residence title in Germany afterwards. Anyone who enters without the required visa does not meet this requirement.
If the requirements for an entitlement to issuance are met, the required visa and the information in the visa application may be dispensed with. Both are to be dispensed with if completing the visa procedure afterwards cannot reasonably be expected of you because of special circumstances of your individual case. We examine separately whether such special circumstances exist.
If you do not yet have admission to a course of study, a residence permit for the purpose of applying for a place of study may be granted to you. This residence permit is granted for up to nine months and requires, among other things, secure means of subsistence. A residence permit for up to nine months may also be granted for seeking a training position to complete qualified vocational training. Here you must not yet have reached the age of 35, and the law sets further requirements.
Both residence permits authorize you only to take up employment of up to 20 hours per week and trial employment of up to two weeks in total. During a residence for the purpose of applying for a place of study or seeking a training position, a residence permit for another purpose of residence should as a rule be granted only for university studies, for vocational training, for certain forms of employment or in cases of a statutory entitlement. A residence permit for seeking a training position can be granted again only if, after your departure, you have stayed abroad at least as long as you previously stayed in Germany on the basis of this residence permit. It is often noticed only at the end of the nine months that a further issuance is tied to this waiting period. We discuss before the application whether the route via the application for a place or directly via a place of study or a training position is the right one.
If you have been admitted to full-time studies by a state or state-recognized university or a comparable educational institution, you will be granted a residence permit if the further statutory requirements are met. The purpose of residence for studies also covers measures preparing for studies and the completion of a compulsory internship. For in-company vocational training and continuing training, a residence permit should be granted if the Bundesagentur für Arbeit (Federal Employment Agency) has given its approval or if its approval is not required. For school-based vocational training, the residence permit should be granted if the course of education leads to a state-recognized vocational qualification and the further statutory requirements are met. The training contract is often signed before the approval of the Federal Employment Agency has been clarified.
The residence permit for studies is extended if the purpose of residence has not yet been achieved and can still be achieved within a reasonable period. The law does not name a fixed maximum duration of studies. The host educational institution may be involved in assessing whether the purpose of residence can still be achieved. The risk at the local Ausländerbehörde (immigration authority) is that a delayed course of studies is measured solely by its duration to date. We examine separately in each individual case whether your course of studies still lies within this framework.
If you obtained your vocational qualification abroad, the focus is not on the training but on the recognition of that qualification. For this purpose a residence permit should be granted to you, subject to further statutory requirements, once the competent body has determined the required measures. We will be glad to advise you on this.
If you successfully complete your university studies in Germany in the course of a residence for this purpose, you will be granted a residence permit to seek economic activity under § 20 AufenthG. After the successful completion of qualified vocational training in Germany in the course of a residence for this purpose, this residence permit is to be granted. Both require that the intended activity is permissible under the provisions on residence for the purpose of economic activity and that your means of subsistence are secure. The residence permit is granted for a period of up to 18 months. An extension beyond this period is excluded.
These 18 months are not an opportunity but a time limit. It is of decisive importance that you begin the search early. We examine in good time beforehand which residence titles may still be considered after that.
As a skilled worker with academic training, you will be granted a residence permit to take up any qualified employment if the further statutory requirements are met. § 18b AufenthG does not name a salary threshold. This route is often overlooked.
For the EU Blue Card, by contrast, a salary of at least 50 percent of the annual contribution assessment ceiling in the general pension insurance is required. If your university degree dates back no more than three years before the application, 45.3 percent is sufficient with the approval of the Federal Employment Agency. The same reduced threshold applies to the occupational groups named in the law. We clarify before the application which residence title is more favorable for you.
During a residence for the purpose of studies, the general provision on the settlement permit (Niederlassungserlaubnis) does not apply. For vocational training this provision is likewise excluded, unless you previously held a residence permit under § 18a or § 18b AufenthG. Periods of lawful residence in Germany for the purpose of studies or vocational training count only half under § 9 Abs. 4 Nr. 3 AufenthG in the case of a later application. A widespread misconception is that five years of studies are five years on the way to the settlement permit. Anyone who calculates the application on that basis submits it years too early.
A qualification obtained in Germany brings a real advantage elsewhere. If you have successfully completed vocational training or university studies in Germany, the required holding period for the settlement permit for skilled workers is reduced from three to two years. The period of pension contributions is likewise reduced from 36 to 24 months. We clarify together which route to the settlement permit suits you.
Under § 16b Abs. 3 AufenthG, the residence permit for studies authorizes only employment that in total must not exceed 140 working days per year (working day account). Student ancillary activities are not counted toward this working day account. How part-time employment is counted is determined by the law separately for each calendar week and in each case in the manner most favorable to you. A different limit applies to vocational training. There the residence permit authorizes only employment independent of the purpose of the training of up to 20 hours per week. We examine whether your planned activity falls within these limits before you take it up.
That depends on whether the language course serves to prepare for studies. If you have already been admitted to full-time studies and admission is tied to attending a language course preparing for studies, the course forms part of the purpose of residence for studies. If you have been accepted for a language course preparing for studies without holding admission for the purpose of studies at a state or state-recognized university or a comparable educational institution, a residence permit may be granted. For language courses that do not serve to prepare for studies, the law provides a separate residence permit, which may likewise be granted. We clarify before the application which of these routes applies to your course.
Before the residence permit for studies is withdrawn, revoked or subsequently shortened, you are to be given up to nine months to apply for admission at another educational institution. This requires that you are not responsible for the reasons for the discontinuation. In the case of qualified vocational training, this period is up to six months for seeking another training position. If you are responsible for the discontinuation, this option does not apply. We examine together what counts as being responsible in your case.
The residence permit that you receive after university studies or qualified vocational training in order to seek economic activity cannot be extended beyond the 18 months. The law uses the term Opportunity Card for a residence permit to seek economic activity or to seek measures for the recognition of foreign professional qualifications. The Opportunity Card may be granted if you are a skilled worker or if you reach a sufficient number of points under the Annex to the Residence Act (Aufenthaltsgesetz). The route via the number of points additionally requires a qualification obtained abroad and proof of language skills. The Opportunity Card may, however, only be granted if your means of subsistence are secure. If you are already staying in Germany, the Opportunity Card may only be granted if you hold a residence title under Division 3 or Division 4 of the Residence Act. We examine separately in each individual case whether this route is open to you.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
