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I am from Brazil and I am currently enrolled in a German University, possessing a Residence Permit for the purpose of Studying valid until 2023.
I was recently offered a full-time job in the IT sector, but my Student Visa only allows me Part-time work.
To accept the offer, I would need to switch my Student Permit to a Work Permit before the completion of my studies.



Under the German Law, would one be allowed to change from a Student Permit to a Work Permit? What documents would be necessary?

Timerºº
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  • Have you completed the studies? Short answer: then yes, after compleation of studies thee are special regulations making this simpler. Long answer tomorrow. – Mark Johnson Dec 18 '19 at 00:55
  • @AndresAlvarezR posted: "Were you able to change your student visa into a regular working visa? I am in a similar situation and would like your help." – ouflak Aug 20 '20 at 11:06
  • I am in the exactly situation as you were and while researching for an answer regarding that, I found your post. I’m also from Brazil and been in Germany as a student. Got a job offer in IT and I’m thinking about dropping university and going for the full time job. I’d like to know how it worked out for you. Were you able to change your student permit to a work permit? – Dardannya Patente Apr 18 '21 at 15:34
  • I would like to ask that did you get your wroking visa or blue card successfully without completing the study. Thank you very much in advance. – Haozhi Li Feb 10 '23 at 20:05

2 Answers2

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If you do not plan to finish your degree, without leaving Germany, it is only possible to apply for a Blue Card (of course, only if you satisfy requirements, i.e. have higher education degree and an offer with high salary). See https://www.bamf.de/SharedDocs/Anlagen/DE/EMN/Studien/wp67-emn-wechsel-aufenthaltstiteln-aufenthaltszwecken.pdf?__blob=publicationFile&v=19 for more details.

Update: It seems that recent (from 01.08.2017) changes to §16 Abs. 4 may allow changing the residence permit also in case of cancelling the study without getting a degree, if one wants to work in a field where there is a lack of labour force (for example, IT) and his/her qualification is high enough.

However, I'm not a lawyer and one needs to ask Ausländerbehörde for all cases other than changing to Blue Card (which should be anyhow possible if one satisfies Blue Card criteria).

Andrey Sapegin
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  • Hello Andrey, in the case I continue my studies while working, would it then be possible to get a Work Permit(or similar)? Thank you very much for providing a Source, but unfortunately, the URL provided in your answer seems to be broken, please update it if possible. – Timerºº Jan 08 '20 at 00:15
  • I updated the link, see pages 29-30 there. If one keeps a residence permit based on §16 AufenthG, he/she should be alowed to work 120 full days per year or 240 half-days per year (which is basically the whole year taking into account vacation, holiday and illness days), or to work as "Studentische Hilfskraft". From my experience, if a professor can issue a support letter, saying that one needs a job for his/her studies, one can get a permission to work at this specific job full time. In case of Blue Card, nobody prohibits a card holder from continuing the study. – Andrey Sapegin Jan 08 '20 at 08:22
  • Secondary work activities of any kind may not interfere with the obligation of employees to dedicate their full efforts and diligence to the employer, based on the contract conditions agreed to. (§§ 611,611a BGB). Without such an agreement in the contract (or written statement) , the following claim is false: In case of Blue Card, nobody prohibits a card holder from continuing the study. – Mark Johnson Jan 08 '20 at 11:36
  • @Mark Johnson. You talk about work activities. And I'm talking about study in parallel to the job, while having Blue Card. I have never seen a contract that prohibits a study. Besides this, the paragraphs you cited have nothing to do with a residence permit. I would expect that the biggest implication will be the change of the status from student to worker (see https://www.studieren-berufsbegleitend.de/studium-beruf/vollzeit-arbeiten-und-studieren/#rechtliches), which might affect insurances and scholarships, etc. – Andrey Sapegin Jan 08 '20 at 12:14
  • @AndreySapegin You ony get a Blue Card if you are working. I have never seen a contract that prohibits a study. You won't, but without a contract that allows studying - you may be in breach of your contract. The default, unless otherwise agreed to, is worker is fully available to the employer – Mark Johnson Jan 08 '20 at 12:23
  • @Mark Johnson, OK, you are indeed right, one may need to inform the employer about the study (https://www.frag-einen-anwalt.de/Muss-ich-meinem-Arbeitgeber-ueber-mein-Studium-informieren-und-habe-ich-Anspruch-auf-Bildungsurlaub--f119561.html). – Andrey Sapegin Jan 08 '20 at 12:43
  • @AndreySapegin Yes, it is the combination of different laws that makes it difficult - in many cases from an unexpected aspect. – Mark Johnson Jan 08 '20 at 12:53
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Yes, as a holder of a residence permit to study (§ 16 Abs. 1 AufenthG)

  • special rights exist based on § 16 Abs. 5 AufenthG.

This is similar in nature to a Jobseeker visa, with the exception that you are allowed to work while searching.

Once found, a corresponding residence permit can be applied for

  • including a EU Blue Card (§ 19a AufenthG)

So a job offer, starting after you have obtained a degree, can be applied for directly.

The application must be made at your local Ausländerbehörde

This will probably not apply if you intend to break off your studies beforehand

  • your question is not clear on this point

This scenario would be outside § 16 and left to the judgment of the Ausländerbehörde.

Get a contract offer and speak to the Ausländerbehörde.
But don't sign anything before they give you an OK.

They may offer a full residence permit, which would replace the present study permit with it's restrictions.

Aufenthaltserlaubnis zur Arbeitsplatzsuche nach erfolgreichem Abschluss des Studiums
Erteilung einer Aufenthaltserlaubnis für maximal 18 Monate nach erfolgreichem Abschluss des Studiums zum Zweck der Arbeitsplatzsuche bzw Unternehmensgründung

Voraussetzungen

  • Studienabschluss
    Sie müssen in Deutschland einen Studienabschluss (Bachelor, Master, Diplom, Magister, etc.) erworben haben.
  • Besitz einer Aufenthaltserlaubnis zum Studium
    Diese Aufenthaltserlaubnis kann nur erteilt werden, wenn sie an eine Aufenthaltserlaubnis zum Studium (nach § 16 Abs. 1 AufenthG) anschließt.
    ...

Residence permit to look for a job after successfully completing your studies
Issuance of a residence permit for a maximum of 18 months after successfully completing your studies for the purpose of finding a job or starting a business

<p><strong>Requirements</strong>   </p>

<ul>
<li><strong>study graduation</strong><br>
You must have obtained a degree in Germany (Bachelor, Master, Diplom, Magister, etc.) and </li>
<li><strong>hold a residence permit to study</strong><br>
This residence permit can only be issued if it follows a residence permit to study (in accordance with Section 16 (1) AufenthG).</li>
</ul>

§ 16 Studium AufenthG

(5) Nach erfolgreichem Abschluss des Studiums wird die Aufenthaltserlaubnis bis zu 18 Monate zur Suche einer diesem Abschluss angemessenen Erwerbstätigkeit verlängert, sofern diese Erwerbstätigkeit nach den Bestimmungen der §§ 18, 19, 19a, 20 und 21 von einem Ausländer aufgenommen werden darf. Die Aufenthaltserlaubnis berechtigt während dieses Zeitraums zur Ausübung einer Erwerbstätigkeit. § 9 findet keine Anwendung.

5) After a foreigner has successfully completed his studies, his temporary residence permit shall be extended by up to 18 months for the purpose of seeking employment commensurate with this qualification, provided that foreigners are permitted to pursue this economic activity in accordance with the provisions contained in Sections 18, 19, 19a, 20 and 21. The temporary residence permit shall entitle the holder to pursue an economic activity in this period. Section 9 shall not apply.

Sources:

Mark Johnson
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    Hello Mark, sorry for not clarifying. This would be during my studies, not after they are finished. My residence permit for studying is valid until 2023. – Timerºº Dec 18 '19 at 09:49
  • @Timerºº Would you be breaking off the studies for a full time job or do you want to do both (fulltime with study)? For both cases the would be outside § 16 and left to the judgment of the Ausländerbehörde. – Mark Johnson Dec 18 '19 at 10:05
  • I would first try doing both (studying and full time), but if that proves to be a too extreme load then I would break off my studies. – Timerºº Dec 18 '19 at 12:20
  • @Timerºº Well you can certainly try. Get a contract offer and speek to the Ausländerbehörde. If they may offer a full residence permit. But don't sign anything before they give you an OK. – Mark Johnson Dec 18 '19 at 13:03
  • I see, would you please add that to your answer so I can mark it as accepted? Thank you for this information! – Timerºº Dec 18 '19 at 13:24
  • @Mark Johnson: your answer provides a partly misleading information. First, no residence or work permit is required in order to apply for a job. Both are required on first working day only. Second, in order to apply for a Blue Card, there is no requirement to finish the current study (See page 5 of https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/migration/hochqualifiziertenrichtlinie.pdf?__blob=publicationFile&v=2) – Andrey Sapegin Jan 08 '20 at 08:30
  • @AndreySapegin To the second: the wording of § 16(5) states has successfully completed his studies and page 5 states: has a university degree.. If the goal of the current study to to achive that goal and is broken off, then the precondition is not fulfilled. § 16 (4) references § 16b (2) and § 17. Both pertain to further studies: Attending language courses and schools and Other educational purposes. So I don't see where you get your conclusioons maded in your update of your answer. – Mark Johnson Jan 08 '20 at 09:00
  • @Mark Johnson. Sorry, but the reasoning you provide is just irrelevant. First, Blue Card is issued according to European law, so AufenthG is not so much relevant here. §16 (5) only describes requirements for 'job seeking residence permit', it does not say anything about directly applying for 'residence permit with the purpose of work'. Second, in my comment I provided the link to the official BMI document, which exactly explains why your argumentation is wrong. Third, I myself got a Blue Card before finishing my study / before getting a degree. – Andrey Sapegin Jan 08 '20 at 09:03
  • @AndreySapegin Sorry, there you are wrong. Residence Laws are national laws and are binding. The 'Blue Card' is a general suggest that each country can implement but are not required to do. Denmark, Ireland and UK don't do it at all (which should prove the point). From EU page: Although the EU Blue Card is recognized by 25 EU member states with the same basic criteria* applying for all, there are minor additional criteria set by each member state for its own.* – Mark Johnson Jan 08 '20 at 09:12
  • @Mark Johnson: OK, for the applicable law you are right, but it does not make my first comment wrong. The things you describe (§16 Abs. 5) only regulates the case if the study is finished AND one needs a job seeking residence permit (not necessary if job offer is there already). §16 Abs. 4 mentions that, if the study is not finished, it can still be possible to change the residence permit. Besides this, the Blue Card requirements (§19a) does not say anything about the current study. Yes, currently Blue Card in Germany requires a higher education degree, but it does NOT require a German degree. – Andrey Sapegin Jan 08 '20 at 09:18
  • @AndreySapegin My advice was Get a contract offer and speak to the Ausländerbehörde. Just because the Ausländerbehörde can make an exception, does not mean that they must. Just because they did it your case does not they will always do it for everyobe. I stand by that advice. – Mark Johnson Jan 08 '20 at 09:19
  • @Mark Johnson: Sorry, but contacting Ausländerbehörde in such complicated cases is not always the best idea. The better idea is to contact the lawyer. The things with Blue Card is not an exception, if one satisfies the requirement of Blue Card, he has the right to get it. In my case I needed to convince Ausländerbehörde (and not ask them) that I have this right, so I showed them all these documents I provided to you via links. On the other hand, talking to Ausländerbehörde does not hurt at all, and they are actually expected to say that this is 100% possible. – Andrey Sapegin Jan 08 '20 at 09:22
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    @AndreySapegin From the OP text, the studies is to achive a degree needed for the Blue Card. If he breaks that off then he will not full the conditions. The question does not imply that he already has a degree that would fulfill the Blue Card condition. Based on that scenario the OP question was answered. – Mark Johnson Jan 08 '20 at 09:26
  • @AndreySapegin A residence permit is something that is granted, it is not a right. Just because a foreigner thinks they fullfil all conditions does not mean they do so. That is desided by the Ausländerbehörde (or court) - not by the foreigner. You thought the EU laws overrided nation residence laws and that § 16 (4) allows you to work. In both cases you were wrong. Laws are not easy and the wording can get complicated (especially when referencing other paragraphs). – Mark Johnson Jan 08 '20 at 09:50
  • @Mark Johnson: we do not need to be agressive to each other. I never said that "§ 16 (4) allows you to work", I just said that it might allow a person to change the type of residence permit even if the study is not finished. And Blue Card should be always possible (if Blue Card requirements are satisfied). For the Ausländerbehörde, of course, it is in the end them or court, who decides. My point is just that in such complicated cases (and also generally) it is good to have an own opinion and know your rights, which personally helped me many times with Ausländerbehörde. – Andrey Sapegin Jan 08 '20 at 09:58
  • @AndreySapegin I'm not trying to aggressive here, but making the point clear that understanding the wording is important (and not wishful thinking). Understanding the laws are important, that is why I quote them in my answers. Suggested reading: http://www.verwaltungsvorschriften-im-internet.de/bsvwvbund_26102009_MI31284060.htm. The pdf are the Implemention instructions on how some of the §§ gibberish is to be understood (often with case samples). – Mark Johnson Jan 08 '20 at 10:10
  • @Mark Johnson: interesting document, do you also have a link to a newer version of it, after Blue Card (2012) and changes to §16 (last 2017) were introduced? – Andrey Sapegin Jan 08 '20 at 10:23
  • @AndreySapegin That page should link to the latest available version. – Mark Johnson Jan 08 '20 at 10:25
  • @AndreySapegin Cooresponding Visahandbuch, which often references cooresponding laws (Guidline for Consular officials) Last updated in June 2019 (look for blue card there) https://www.auswaertiges-amt.de/blob/207816/e70e66c715d4dafd0f1bd7f8585b0e53/visumhandbuch-data.pdf – Mark Johnson Jan 08 '20 at 10:38