Student Visa and Distance Learning – Are Revocations Coming?

Residence permits for study purposes are governed by Section 16b of the Residence Act. This is what’s known as a “bound decision” in German administrative law – meaning that if the requirements are met, applicants have a legal right to receive the residence permit.

Beyond the general requirements set out in Section 5 of the Residence Act, applicants must provide proof of admission to a higher education institution. Additionally, none of the grounds for refusal listed in Section 19f (paragraphs 1, 3, and 4) of the Residence Act may apply. Immigration authorities also assess, within their scope of discretion, whether the stay in Germany actually serves the purpose of studying in Germany. The primary purpose of residence must be full-time study at a German higher education institution.

The problem for many distance learners: they’re enrolled at an institution in Germany but are not physically integrated into campus life. Their studies take place primarily online – and this is exactly where the issue arises. Authorities are increasingly questioning whether a purely virtual program justifies a residence permit for study purposes.

The wording of Section 16b, paragraph 1, sentence 1 of the Residence Act requires a connection between purpose and residence: foreign nationals are granted a residence permit “for the purpose of full-time study.” The permit is also tied to the requirement that residence in Germany is actually necessary to successfully complete the program. While this is not explicitly stated as a condition for granting the permit, the connection between residence and study purpose is clear from the phrase “for the purpose of.” This requirement should be understood in the context that it is specifically attendance at an educational institution that legitimizes residence in the country.

According to the Berlin Administrative Court in its judgment of November 5, 2025 (case number VG 11 K 175/25), this connection doesn’t exist for programs offered entirely or predominantly online, even if the workload of the specific study plan would equal a full-time occupation if properly pursued.

The court reasoned that a study program under Section 16b, paragraph 1, of the Residence Act must be sufficiently verifiable with respect to academic performance both during and after completion. In an online program, there are no mandatory in-person attendance requirements to ensure actual, continuous study. Distance learning programs are specifically designed to offer maximum flexibility. This means that even in a full-time distance program, it’s possible to actually study only during individual weeks of the semester. For international students, the court noted, it cannot be ruled out that they study “at home” and subsequent residence in Germany serves only to take exams. In such cases, residence is not necessary to complete the program. Even if exams or certain block seminars take place in person in Germany, this is typically not sufficient for a residence permit, since a Schengen Visa (Section 6, paragraph 1, number 1 of the Residence Act) would often be sufficient in such cases.

To avoid being classified as “not residence-related,” distance learners must therefore demonstrate that they’re subject to in-person attendance requirements that cannot be met with a simple Schengen Visa. Recommended events that are helpful but not necessary for completing the degree are insufficient for such proof.

The primary reason is a tightening of migration policy. The trend toward more restrictive immigration policy, combined with increased security checks, is leading to stricter scrutiny of requirements and an increase in residence permit revocations, including for international students.

Section 52 (3) sentence 1, number 3 of the Residence Act states that a residence permit for study purposes may be revoked if the foreign national no longer meets the conditions under which a residence permit under Section 16b, paragraph 1 AufenthG could be granted.

As explained above, this is the case under the case law for distance learning programs. However, the wording of paragraph 3 uses “may” rather than “must,” giving the immigration authority discretion to consider the circumstances of each individual case.

It’s important to know that through revocation, the residence permit only expires with effect for the future, meaning the residence remains lawful until the revocation takes effect. This is required by the principle of legitimate expectations, which is enshrined in the rule of law.

However, according to the Berlin Administrative Court, legitimate expectations don’t go so far as to render the granted residence permit conclusive for determining whether the program in question qualifies as a study program under Section 16b, paragraph 1, sentence 1 of the Residence Act. This question cannot be judged solely based on the visa application and the corresponding university admission. What matters is the specific program structure, particularly since substantial changes in the design of study plans are not uncommon.

International students should plan their education in Germany early and examine their options.

Legal consultation should definitely be considered if:

• Your residence permit has been denied or revoked.
• You have received a deportation warning.
• You have been given short deadlines.
• You are planning to change programs – whether at the university’s initiative or your own

At Schlun & Elseven, our lawyers can help in these cases by reviewing the relevant decisions, initiating appropriate countermeasures – such as an emergency application or lawsuit – and mitigating consequences. Sometimes, only the correct documentation is needed. A general prognosis of the chances of success cannot be given, as it depends in particular on the specific residence permit applied for or approved and the concrete study plan.

The new practice of rigorously scrutinizing distance-learning programs for residence permits has created significant uncertainty among international students in Germany. If you’re facing denial or revocation, you should act as quickly as possible.

Reviewing the decision, filing legal remedies, or switching your program to in-person instruction may be options to secure your residence. The legal framework is complex, and in many cases, professional assistance from an attorney is worthwhile.

In this uncertain situation, it’s important not to lose time and to act quickly. Contact us for an individual consultation – we’ll assess your chances of success and show you concrete action options.