RESIDENCE FOR THE PURPOSE OF TRAINING (Sections 16–17 of the Residence Act)

Introduction 

Residence for the purpose of training under Sections 16–17 of the Residence Act (AufenthG) forms a central component of German residence law in the area of managed immigration. It enables third-country nationals to reside in Germany on a temporary basis in order to undertake school-based, in-company or academic training programmes. The provisions serve not only to promote international education and qualification processes, but also to meet the demand for skilled workers and to integrate qualified workers into the German labour market.

Principle, Section 16 of the Residence Act

Foreign nationals who wish to undertake training in Germany may enter the country and reside there with a special residence permit for the purpose of training. This applies to both school-based and vocational training as well as to studies at universities. The prerequisite for the granting of this status is enrolment at a recognised educational institution and the availability of sufficient financial means for the entire duration of the stay. The residence permit for training purposes is generally granted for a limited period and is directly linked to the specific purpose – the acquisition of education. Parallel gainful employment is only permitted to a limited extent as laid down by law. Upon successful completion of their training, foreign nationals have the option to extend their stay in Germany – for example, to seek employment in their field of expertise.

Sources

Federal Foreign Office – School attendance, study and language courses in Germany

Federal Ministry of Justice – Residence Act, Section 16

Vocational training and further education, Section 16a of the Residence Act

Vocational training and further education (Section 16a(1))

Foreign nationals may be granted a residence permit for the purpose of vocational training or further education, provided that the Federal Employment Agency (BA) has given its consent. The decision to grant the residence permit is not discretionary – provided all requirements are met, it is generally granted as a matter of course. The period of validity of the residence permit covers the entire duration of the training plus a further 18 months to facilitate a smooth transition into working life. If a preparatory language course is undertaken, the period is extended by a further six months. The permit is granted without being tied to a specific employer.

A means of support is deemed to be secured if the amount of monthly funds corresponds to the BAföG rates; proof in the form of a third-party guarantee or a blocked account is also acceptable.

School-based vocational training (Section 16a(2))

A residence permit is also granted for attending school-based vocational training leading to a state-recognised qualification. Approval from the Federal Employment Agency (BA) is not required in this case. Here too, a further 18 months are provided for after completion of the training.

Gainful employment during training

Part-time work is permitted for a maximum of 20 hours per week. Self-employment is not permitted. Upon successful completion of the training, unrestricted gainful employment is permitted.

Language requirements

To participate in a qualified vocational training programme, proof of German language skills at least at B1 level is generally required.

Change of training location (Section 16a(4))

If the training is terminated through the fault of the training institution, the trainee has the right to find a new training place within 6 months – in this case, no measures will be taken to terminate the residence permit.

Sources

Federal Ministry of Justice – Residence Act, Section 16a

Berlin State Office for Migration – Temporary residence

Study at universities, Section 16b of the Residence Act

General provisions

Approval from the Federal Employment Agency (BA) is not required for the granting of a residence permit for the purpose of university studies. Local jurisdiction is determined by the applicant’s usual place of residence – generally their place of residence in Berlin. If there are indications of abuse (e.g. an unjustified change of subject or previously provided false information), the grant of a residence permit may be refused even if all formal requirements are met.

Full-time study and preparatory measures (Section 16b(1))

A residence permit is granted for full-time study at a state or state-recognised higher education institution. Preparatory language courses, preparatory colleges and compulsory work placements also fall under this type of residence permit – provided that enrolment at the higher education institution has already taken place. The course of study must be the main purpose of the stay; evening, distance and online courses do not generally entitle the holder to this residence permit. Where proper enrolment has taken place, the granting of the residence permit is mandatory – the authorities have no discretion in the matter.

The residence permit is generally issued for two years and extended for the same period. An extension is only possible if sufficient progress has been made in studies: exceeding the average duration of studies by more than three additional semesters generally requires the submission of a study progress report from the higher education institution.

Gainful employment during studies (Section 16b(3))

Foreign students may work for a maximum of 140 full working days per year. Student jobs directly at the university or in institutions closely associated with it are permitted without any time limit. Compulsory work placements as part of the study programme are not counted towards the 140 days. Self-employed commercial activity is permitted at the discretion of the authorities – provided it does not impair academic progress.

Change of purpose of residence / permanent residence permit (Section 16b(4))

From 1 March 2024, a change to any other residence permit is permitted provided the relevant eligibility criteria are met. During the period of validity of the permit under Section 16b, a settlement permit may not be granted; however, this period may be taken into account when applying for one at a later date.

Provisional enrolment and part-time employment (Section 16b(5))

In the case of conditional enrolment at a higher education institution, the residence permit is granted for a maximum of one year at the discretion of the authorities. Part-time study is permitted provided that at least 50% of the full-time study programme is covered and there are valid reasons (childcare, pregnancy, disability, etc.).

Change of higher education institution (Section 16b(6))

If studies are terminated through the fault of the higher education institution, the student has the right to apply for enrolment at another higher education institution within 9 months. During this period, no measures will be taken to terminate the residence.

Persons enjoying international protection (Section 16b(7))

Foreign nationals who enjoy international protection in another EU Member State may obtain a study permit in Germany, provided they have already studied for at least two years in another EU Member State and are continuing their studies as part of a mobility programme or a university agreement. The duration of residence is limited to the duration of the programme (maximum 360 days outside the programme).

Sources

Federal Ministry of Justice – Residence Act, Section 16b

Berlin State Office for Migration – Temporary residence

Mobility during studies, Section 16c of the Residence Act

This provision allows a foreign national who holds a valid residence permit for the purpose of university studies in another EU Member State to stay in Germany for up to 360 days and study there – provided they are participating in an EU mobility programme or there is a university agreement in place. A separate residence permit is not required; notification via the BAMF’s national contact point is sufficient. Gainful employment is permitted in proportion to the duration of the stay (e.g. for 180 days – no more than 70 working days). If there are grounds for expulsion, mobility may be refused at any time; in this case, the foreign national is obliged to leave the country.

Sources

Federal Ministry of Justice – Residence Act

Berlin State Office for Migration – Temporary Residence

Work placements in a student context, Section 16e of the Residence Act

General provisions

This provision enables third-country nationals who are either currently studying at a higher education institution abroad or who completed their studies no more than two years ago to undertake an additional internship in Germany. The internship must be thematically related to the field of study and may not exceed six months. For internships lasting no more than 90 days, a separate residence permit under Section 16e is generally not required.

Entitlement to a residence permit

The foreign national has an unconditional right to be granted a residence permit, provided that all the specified requirements are met. Approval from the Federal Employment Agency (BA) is not required – internships in connection with a university degree do not require approval.

The requirements for the grant of a residence permit are cumulative, i.e. all must be met simultaneously:

The internship contract must contain details of the purpose, content, duration and conditions of the internship, confirming that it is indeed a training placement and not an employment relationship.

The applicant must prove that they hold a completed higher education degree (obtained no more than two years ago) or are currently studying at a higher education institution. The degree must correspond to a course of study lasting at least three years; for ongoing studies, a certificate of enrolment is sufficient. The higher education institution must be listed in the Anabin database.

The internship must be thematically related to the field of study or the training undertaken – at least in broad terms.

Proof of financial security for the duration of the internship must be provided – through the internship allowance, personal funds or a commitment from a third party.

The host organisation is obliged to provide a limited undertaking to cover costs in the event of an illegal stay following the end of the placement. The period of liability is limited to six months after completion of the placement.

Validity of the permit and gainful employment

The residence permit is issued for the entire duration of the internship, but for a maximum of six months. No other gainful employment alongside the internship itself is permitted. Self-employed commercial activity is generally not permitted either.

Upon completion of the internship, subject to the relevant conditions, a change of the purpose of residence to a different residence permit is permitted.

Sources

Federal Ministry of Justice – Residence Act, Section 16e

Berlin State Office for Migration – Temporary Residence

Language courses and school, Section 16f of the Residence Act

Language courses (Section 16f(1))

A residence permit for the purpose of learning the German language is granted exclusively for participation in an intensive language course. An intensive course comprises at least 18 teaching hours per week and aims to provide comprehensive language skills. Evening and weekend courses do not meet this requirement. The total duration of the stay for this purpose may not exceed 12 months. Gainful employment is permitted for a maximum of 20 hours per week; self-employed commercial activity is not permitted.

School exchange (Section 16f(1) sentence 2)

A residence permit may be granted for participation in a temporary school exchange with a German school or another state institution. The exchange does not necessarily have to be bilateral (‘one-to-one’). Both private and commercial exchange organisations are permitted. A change in the purpose of residence during the exchange or after its completion is only possible if the foreign national has a legal entitlement to a different type of residence permit. Gainful employment during the school exchange is not permitted.

Attendance at a general education school (Section 16f(2))

A residence permit for school attendance is generally granted provided the eligibility criteria are met – the authorities have no discretion in this matter. Proof of the pupil’s financial security must be provided, regardless of their nationality. The permit is generally granted from Year 9 at the earliest.

There are two categories of school. The first comprises state or state-recognised schools with an international focus: bilingual programmes, programmes leading to the simultaneous award of a German and a foreign qualification, or a compulsory semester abroad lasting at least three months. The second category comprises private schools that are not, or are predominantly not, funded by the state and which prepare pupils for international, foreign or state-recognised qualifications; this category includes, amongst others, supplementary schools offering programmes in the fields of drama, dance, media and IT.

Gaining employment whilst attending school is not permitted. Upon successful completion of schooling, a change of the purpose of residence is possible without restrictions.

Bilateral and multilateral agreements (Section 16f(4))

The federal states are authorised to conclude bilateral and multilateral agreements with foreign government bodies regarding the attendance of foreign pupils at local schools. The granting of residence permits on the basis of such agreements requires the approval of the highest state authority responsible for residence law. There are currently no such agreements in place for Berlin.

Sources

Federal Ministry of Justice – Residence Act, Section 16 et seq.

Berlin State Office for Migration – Temporary Residence

Search for a training/study place, Section 17 of the Residence Act

General provisions

This provision governs two distinct types of residence: the search for a training place (para. 1) and the search for a university place (para. 2). Both types were introduced or expanded under the Skilled Workers Immigration Act to facilitate access to the German labour and education markets for foreign nationals.

Search for a training place (Section 17(1))

A residence permit for the purpose of seeking a qualified apprenticeship is granted if the following conditions are met: The applicant is aged 35 or under; proof of financial security for the entire duration of the stay has been provided; the applicant holds a leaving certificate from a German school abroad or a foreign school leaving certificate entitling them to undertake higher education studies in Germany or in the country where it was obtained; proof of German language skills at a level of at least B1 is provided.

The maximum duration of stay is nine months. The permit may only be reissued if, after leaving Germany, the applicant has spent at least as long abroad as they previously stayed in Germany on the basis of this permit.

Search for a place at university (Section 17(2))

The residence permit for the purpose of seeking a place at university enables foreign nationals to enter Germany without formal enrolment, to familiarise themselves with the conditions of study and, where necessary, to fulfil the admission requirements. The requirements for granting the permit are: a school-leaving qualification entitling the holder to admission to a higher education institution in Germany, as well as proof of sufficient financial means. Language skills are usually assessed directly by the higher education institution upon enrolment. The maximum duration of stay is also nine months.

Gainful employment

Whilst looking for a job, employment under an employment contract for a maximum of 20 hours per week is permitted. In addition, a work experience placement with a total duration of no more than two weeks is permitted during the entire period of stay – even with several employers. Self-employed commercial activity is not permitted.

Change of purpose of stay

A change of purpose of stay during the job-seeking phase is generally only possible in the following cases: Transition to vocational training (Section 16a), to a university degree (Section 16b), to employment where the applicant possesses significant practical professional skills (Section 19c(2)), or where there is a legal entitlement to a different type of residence permit.

Sources

Federal Ministry of Justice – Residence Act

Berlin State Office for Migration – Temporary residence

Required documents

To be granted a residence permit for the purpose of education under Sections 16 et seq. of the Residence Act, the following documents must generally be submitted:

• Valid passport or comparable proof of identity.
• Training contract (with a company or educational institution), ideally registered with the relevant authority or approved by a recognised educational institution.
• Proof of means of subsistence, e.g. through a training allowance, blocked account, declaration of support or scholarship.

In addition, depending on the individual case, the following may be required: proof of health insurance cover, a tenancy agreement or details of accommodation, and, where applicable, evidence of qualifications or employer certificates in the case of extensions. The exact requirements vary depending on the Foreigners’ Registration Office and the specific procedure.