German Citizenship by Residency for Students

At Schlun & Elseven Rechtsanwälte, we understand the importance and challenges of obtaining a residence permit for students. This permit entitles the holder to stay in Germany and, in the case of a student visa, to pursue their studies. According to § 16b German Residence Act (AufenthG), specific requirements must be met for students to qualify for this permit.

A temporary residence permit is granted to international students who have been accepted by a state or state-recognized university or a comparable educational institution for full-time studies. This residence permit also extends to preparatory measures necessary for the studies, such as attending a language course or a preparatory course, if acceptance into the educational program depends on these preparatory steps. Proof of language proficiency is required only if it was not assessed during the admission process and the language course is not part of the preparatory measures.

When first issued, the residence permit is valid for at least one year and generally does not exceed two years. It can be extended if the purpose of the residence, such as completing the study program, has not yet been achieved but is still attainable within a reasonable period. The permit duration will match the program’s length for programs shorter than two years. The permit validity is at least two years for students participating in EU or multilateral programs, including mobility measures or those covered by agreements between higher education institutions.

It is crucial to be aware that the residence permit is directly linked to the validity of the student visa. When the student visa expires, the residence permit also comes to an end. Therefore, students must ensure they obtain a subsequent residence permit if they wish to remain in the country after their studies. Failing to secure a new permit will require the individual to leave Germany. Moreover, during their stay, students may apply for a temporary residence permit for another purpose, such as pursuing vocational training, skilled employment, or other jobs requiring high practical occupational skills. This flexibility is vital for students planning their future in Germany beyond their studies.

Dealing with these regulations can be complex, but Schlun & Elseven Rechtsanwälte is here to help. Our experienced German citizenship law team provides expert guidance to ensure compliance with all requirements, assisting students in successfully managing their residence permits and continuing their educational journey in Germany.

The previous length of stay and the residence title are particularly important factors for students seeking naturalisation in Germany – German citizenship by residency. The law does not differentiate the weighting of different legal periods of residence; the application notes from the Federal Ministry of the Interior and Home Affairs clarify that all periods with a residence permit under the German Residence Act, including those for study, are to be counted. It is crucial that there is no prolonged stay abroad between the end of your studies and the acquisition of a subsequent residence title, with up to six months being permissible.

Students holding a residence permit under § 16 AufenthG (the student visa) are not eligible to directly apply for German citizenship by residency. Therefore, it is advisable to apply for a different residence title after completing your studies, such as the § 18b AufenthG permit for skilled workers with academic training.

In addition to these requirements, the applicant’s identity and nationality must be clarified. They must be committed to the free democratic basic order of the German Basic Law, not pursue any unconstitutional aspirations, and acknowledge that acts motivated by anti-Semitism, racism, or other misanthropy are incompatible with the German Basic Law’s guarantee of human dignity. Furthermore, they must be able to support themselves and any dependent family members without claiming social benefits unless they are not responsible for the need to claim them. The applicant must also have sufficient knowledge of the German language, have no prior criminal convictions, and possess an understanding of the legal and social order and living conditions in Germany.

Schlun & Elseven Rechtsanwälte is dedicated to guiding students through the naturalisation process, ensuring that all legal requirements are met and supporting them in their transition to becoming German citizens.

At Schlun & Elseven Rechtsanwälte, we provide comprehensive support throughout the German naturalisation process. Here, we outline the key steps and requirements in applying for German citizenship by residency.

The process typically begins with a consultation at your local naturalisation authority, where you will receive the necessary application forms. Foreign citizens can apply for naturalisation from the age of 16 and must pay an application fee. Depending on the specific situation, applicants must submit various documents, including education certificates, proof of income, and language certificates. These documents demonstrate the applicant’s eligibility and compliance with the naturalisation requirements. Applicants must also register for a naturalisation test through the Federal Office for Migration and Refugees.

The competent German authorities will thoroughly review your application, including inquiries to various agencies such as the Employment Office, Social Welfare Office, Federal Office of Justice, State Office of Criminal Investigation, and the Federal Office for the Protection of the Constitution to verify your provided information. If all requirements are met and all necessary documents have been submitted, your application for naturalisation will likely be approved. At Schlun & Elseven Rechtsanwälte, our lawyers will ensure that the application fulfils the legal requirements. Our experienced attorneys will ensure that you meet all requirements and provide the necessary support to achieve your goal of becoming a naturalised German citizen.