Foreign nationals from Non-EU and Non-EEA countries need a visa to come and a residence permit to stay in Germany.
In order to get a visa the foreign national has to apply at the competent German consulate or embassy in the home country of the applicant.
The following third-country nationals are not obliged to apply for a visa:
Andorra, Australia, Brazil, El Salvador, Honduras, Israel, Japan, Canada, Monaco, New Zealand, Republic of Korea, San Marino, Switzerland and the United States of America.
If the third-country national has entered into Germany, he has to apply for a temporary residence permit (Aufenthaltserlaubnis) at the competent immigration authority (Ausländerbehörde) in Germany.
The German Residence Act (Aufenthaltsgesetz) provides different kinds of residence permits, depending on the reason the foreigner wants to stay in Germany:
– Temporary Residence permit for study purposes, Section 16 para 1 sentence 1 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for study application, Section 16 para 1a of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for job application after graduation, Section 16 para 1 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit to attend language courses, Section 16 para 5 sentence 1, Alt. 1 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for schooling, Section 16 para 5 sentence 1, Alt. 2 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for mobile students from other EU Member States, Section 16 para 1 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for job search after school education, Section 16 para 5b of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence permit for in-firm trainings, Section 17 para 1 of the German Residence Act (Aufenthaltsgesetz).
– Temporary Residence Permit for job search after in-firm training, Section 17 para 3 of the German Residence Act (Aufenthaltsgesetz).
The pre-study preparatory measures (for example the language course) listed above, should not take longer than two years. In exceptional cases, an extension can be approved by the competent immigration authority in Germany (Ausländerbehörde).
The change of the study program or the change of the university must be pre-approved by the competent German immigration authority (Ausländerbehörde).
A one-time change of the study-course or the university within the first 18 months after the beginning of the courses is generally possible (orientation phase).
The residence permit for study purposes entitles the student to a certain degree for employment during the studies.
Even after the successful completion of the course, the residence permit may be extended up to one year to search for an appropriate job.
There is also a possibility to get a Residence permit for employment or self employment after graduation.
Important Note: This article has been prepared by the lawyer Mr. Tieben for general information purposes only. Lawyer Tieben does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de
Lawyers in Cologne provide legal advice on German immigration law.
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