Entry regulations and residence provisions
Questions regarding entry regulations and residence provisions are regulated by the "Act to Control and Restrict Immigration and to Regulate the Residence and Integration of EU Citizens and Foreigners" (Immigration Act) which came into force on 1 January 2005.
The legal frameworks for entry and residence for foreign students and academics/researchers are regulated by the Residence Act (Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory) and by the Employment Regulation. The Act on the General Freedom of Movement for EU Citizens applies to citizens of the EU.
www.zuwanderung.de - Legal obligations
www.daad.de/de/download/infoblatt_aufenthr_zuwanderung_03-2005.PDF - Information on the statutory frameworks applicable to entry and residence by foreign students, academics and researchers.
- Visa
Citizens of the EU and the European Economic Area (EEA) do not require a visa because they are covered by the regulations of the Act on the General Freedom of Movement for EU Citizens (Article 2 of the Immigration Act). They enjoy freedom of movement and are protected within the area of the act's jurisdiction against every form of discrimination. on grounds of their nationality.
Prospective students from other countries usually have to apply for a student applicant visa or a visa for study purposes at the German Embassy in their home country. In most cases they have to apply even if no visa is required for entering as a tourist. Without an appropriate visa, no residence permit for study purposes or for applying to study in Germany can be issued; however, such a residence permit is a requirement for admission to a degree course in Germany.
! A tourist visa cannot be changed into a residence permit for study purposes in Germany. !
Special regulations apply to citizens of some countries, e.g. Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, Switzerland and the USA.
(www.daad.de/deutschland/de/2.3.3.html) - Residence permit
Students from countries of the EU and from the EEA and Switzerland
Citizens of the EU, Liechtenstein, Iceland, Norway and Switzerland who are working, seeking work or in vocational training are free to choose their place of residence within the EU. The only obligation for this group and their relatives in Germany is that they register with the authorities; the same requirement applied to German citizens.
Non-working citizens of the EU or the EEA also have to prove that they have health insurance in accordance with the provisions of the German statutory health insurance as well as adequate means of subsistence to ensure that no recourse to public funds is needed in Germany (Section 4 of the Act on the General Freedom of Movement for EU Citizens). This group also includes all foreign students whose parents do not live and work in Germany.
All foreign EU citizens receive an official right of residence certificate. Temporary regulations apply to the countries that became part of the EU on 1 May 2004 with the process of eastward enlargement. Swiss nationals receive a special residence permit.
www.eu.daad.de/arbeitsstelle_eu/download/eu_bildungsprogramme.pdf - Statutory frameworks for studies and internships by foreign students in Germany (May 2004)
Students from countries outside the EU, EEA and Switzerland
Following the introduction of the Immigration Act on 1 January 2005 persons from countries outside of the EU, EEA and Switzerland interested in studying in Germany receive a residence permit issued for a specific purpose. How long a permit may be issued for depends on the respective purpose: study applications (9 months max.), study preparation (e.g. language course) and studies (both 2 years max.). A certificate of enrolment/matriculation (or comparable document), proof of registration with the authorities, and proof of financial resources and health insurance must be presented.
The residence permit for study purposes can be extended for up to two years on each occasion. After the studies have been completed (graduation), the residence permit can be extended for the purpose of seeking work. However, it is subject to a number of conditions (Sections 18 and 19 of the Immigration Act). - Proof of financial resources
When prospective students from abroad want to enter the Federal Republic of Germany for study purposes, they have to prove to the German representations abroad or to the foreigners authorities that they have the necessary means (financial resources) to cover their cost of living and education for at least one year. This is to ensure that they will not have to take recourse to social benefits in Germany. This proof is a prerequisite for obtaining a residence permit in Germany.
The current maximum BAföG rate, the Federal Training Assistance Act, is approx. € 585 per month; this counts as the assessment rate for proof of financial resources. However, the estimated required amount for subsistence is determined according to the special conditions applicable in each individual case, taking into account aspects of a decent living as well as personal domestic circumstances such as age, profession, family and health status (cf. temporary application guidelines of the Residence Act, Act on the General Freedom of Movement for EU Citizens on Section 2, as amended on 22 December 2004). Prospective students and students with disabilities whose financial requirement regularly exceeds € 585 per month will probably have to provide proof of a correspondingly higher amount in order to be allowed to study at a German university.
Furthermore, the foreigners authorities can set higher amounts if these are necessary due to different regional conditions (cf. Information by the DAAD on the statutory frameworks, as of January 2005).
Proof of financial resources can be provided by:
- presenting appropriate proof of the income and assets of the parents
- submitting a declaration of commitment (a formal payment guarantee) to the foreigners authority regarding the absorption of costs
- depositing a security payment into a blocked account
- depositing a bank guarantee that has to be renewed annually
- possibly, by presenting a certificate of a scholarship for an appropriate amount issued by a publicly recognised scholarship funding organisation
- possibly, by presenting a BAföG certificate
Not all federal states accept each of the above-listed financing options.
- Health certificate
EU citizens and other groups of persons of equal status who do not require a visa do not require a health certificate.
If you are receiving a scholarship from the DAAD as a non-EU foreigner you will have to have a have certificate of health. The guide "Ihr DAAD-Stipendium/Your DAAD scholarship" (Bonn 2002) points out that in the event of an illness, the DAAD reserves the right to revoke the scholarship depending on the illness/disease in question.
In some federal states, the foreigners authorities require health certificates to be presented by persons entering from certain countries that provide information on possible HIV infection.
