Residence Status: Student (Studium)

Status ID: RS-004

Slug: student (must match ResidenceStatus in frontend/src/lib/situation-requirements.ts)

Version: 1.1

Status: Source-reviewed (agent fleet, 2026-08-28) — 21/21 facts verified; 4 corrected; approval pending human sign-off

Primary legal basis: § 16b AufenthG

Jurisdiction: Federal (+ local variation where noted)

Risk level: High

Last reviewed: 2026-08-28

Next review due: 2026-09-25 (file carries volatile figures — 30-day cycle)

Owner: AusHelp Knowledge Team

---

Scope and disclaimer

Informational guidance only — not legal advice. All claims derive from official public

sources (Level A–C per standards/source-policy.md). Verify critical decisions with the

responsible authority or a qualified immigration advisor.

---

1. Overview

The study residence permit (Aufenthaltserlaubnis zum Zweck des Studiums, § 16b AufenthG)

is held by third-country nationals admitted to full-time studies at a German state or

state-recognised higher-education institution. It also covers study-preparatory measures

(e.g. Studienkolleg, preparatory language courses) and mandatory internships that are part

of the study programme.

The permit is normally issued and renewed for two years at a time and is tied to the study

purpose: the holder must remain enrolled and make sufficient progress. It carries a

statutory work entitlement of up to 140 working days per year (student side jobs at the

university do not count against this), which since 1 March 2024 no longer requires any

separate approval.

The status is a common entry point into long-term residence: after graduation it converts

into an up-to-18-month job-search permit (§ 20 AufenthG) or directly into a skilled-worker

title (§§ 18a/18b) or EU Blue Card (§ 18g). Permanent residence (§ 9) cannot be obtained

while on the study permit itself, but half of the study time is credited later.

2. Legal basis

3. Key facts

One row per atomic claim. Verified flips to yes only after /source-review.

4. Processes

4.1 First issuance (P1)

Preconditions: admission (or conditional admission) to a state/state-recognised institution,

secured livelihood at the BAföG rate (3.16–3.17), health insurance. Typical route: national

D visa under § 6 Abs. 3 AufenthG from the responsible German mission (financing usually

demonstrated via blocked account, scholarship, or Verpflichtungserklärung per AA guidance,

SRC-152), then the § 16b permit from the local Ausländerbehörde after arrival and Anmeldung.

4.2 Renewal (P2)

Apply before expiry — Berlin allows application at the earliest 4 months before the current

title ends and runs the process exclusively online (SRC-005, SRC-008, SRC-014). A timely

application triggers Fiktionswirkung (§ 81 Abs. 4, SRC-002); the Fiktionsbescheinigung keeps

the stay lawful while waiting (SRC-009). Berlin fees currently: €56 issuance / €49 renewal

(sticker), €100 issuance / €93 renewal (eAT); Turkish nationals €27.60 (under 24) / €46

(SRC-005 — high volatility, local). Full step detail: workflows/student-residence-renewal-berlin.md.

4.3 Post-graduation job search (P4)

After successful completion of the degree under § 16b, a permit for up to 18 months to seek

a job commensurate with the qualification (§ 20 Abs. 1 Nr. 1, Abs. 2 — SRC-145). Livelihood

must be secured; extension beyond the 18 months is excluded by statute. Whether this permit

carries an explicit Erwerbstätigkeit entitlement is recorded as OQ-5.

4.4 Loss / revocation (P6)

Exmatriculation or abandoning the studies removes the permit's purpose; the authority can

retroactively shorten the validity period (§ 7 Abs. 2 S. 2, SRC-149). The user's priority

is switching to another lawful purpose before the shortening takes effect (P5, or § 16a /

§ 20a routes). Renewal can also be refused when the study purpose is no longer achievable

within a reasonable period (§ 16b Abs. 2, SRC-001).

5. Authorities and organisations

6. Common problems

7. Documents

8. Sources

9. Open questions and uncertainty

1. Make-it-in-Germany unreachable (2026-08-26): SRC-011/SRC-012 sit behind a bot wall (Radware) today, so their content could only be reused from the register (last checked 2026-07-10). The €992/€11,904 figure is independently backed by SRC-152; re-verify both pages when reachable.
2. Part-time counting wording (3.7): verified 2026-08-26 against the § 16b page in paraphrase (≤4 h/day = half day, else full day; alternative: ≤20 h/week during lecture periods counted as 2.5 days/week). Source review must confirm the statutory sentences verbatim before any user-facing quote (e.g. never state "280 half days" as statutory wording).
3. Institutional reporting duty: whether the university must report study abandonment to the Ausländerbehörde (believed § 16b Abs. 6 / § 82 Abs. 6 AufenthG) is unverified — not stated as fact anywhere in this file.
4. Study-programme change tolerance: the commonly cited window for changing degree programme without losing the permit derives from administrative guidance (BMI Anwendungshinweise), not statute — unverified, no claim made.
5. Work entitlement on the § 20 job-search permit: the current § 20 text contains no explicit Erwerbstätigkeit entitlement clause (likely covered by the § 4a Abs. 1 default). Verify before any user-facing claim in the job_seeker file.
6. Register note drift: SRC-005's register annotation lists "€49 sticker / €93 eAT" — the live page (2026-08-26) differentiates issuance (€56/€100) from renewal (€49/€93). The register row should be updated at the next /source-review (not edited here).
7. Scope of "secondary" self-employment in Berlin practice (3.10): the LEA page states it is permitted but does not define limits relative to § 21 Abs. 6 — unclear.
8. § 16b Abs. 5–7 details (conditional admission, part-time study permits, the 9-month grace period after no-fault permit withdrawal, EU protection-holder mobility) were only captured in summary — verify verbatim before building P1/P3 workflows.
9. BAföG rate change risk: the €992/month figure tracks BAföG §§ 13, 13a rates and is reset by the Auswärtiges Amt; any BAföG increase changes 3.17. The freshest official page found (SRC-152) dates its figure 18.08.2025; no official page explicitly dated 2026 was reachable on 2026-08-26 (Make it in Germany bot-walled, OQ-1). High volatility — 14-day watch; treat €992 as "last officially confirmed", not guaranteed current.

10. Change log