Bafög Eligibility: International Students' Options Explored

Germany's Federal Training Assistance Act (BAföG) provides financial aid to students who are unable to fund their studies themselves or with support from their parents, spouse, or partner. BAföG is available to both German and international students, although eligibility requirements vary depending on an applicant's country of origin and residence status.

Eligibility for EU citizens

EU citizens can be eligible for BAföG if they have the right to freedom of movement, which can be derived from a spouse, partner, or children. This also applies to family members and closely associated persons of EU citizens, who must prove their right of residence with a permanent residence card.

Another way for EU citizens to be eligible for BAföG is through employment. They must have been gainfully employed in Germany for at least ten weeks, with an average of at least twelve hours of work per week over one month. This regulation also applies to those who are self-employed, as long as the employment allows for full-time study. It is possible to "grow into" this status, meaning that after a rejection, one can take up gainful employment, wait ten weeks, and then submit a new application.

EU citizens can also be eligible for BAföG if they have worked in Germany for at least five years before their studies (not including vocational training) or if their parent has been legally employed in Germany for at least three years within the last six years.

Additionally, students who are recognised asylum seekers, recognised refugees, or have been granted a residence permit on international, humanitarian, or political grounds are eligible for BAföG. Students with a settlement permit, which is a residence title that is unlimited in time and space, also fulfil the personal BAföG requirements.

It is important to note that students who are residing in Germany with a residence permit solely for studying or vocational training are generally not entitled to BAföG, unless they simultaneously fulfil one of the other requirements.

Eligibility for non-EU citizens

International students who are not EU citizens can receive BAföG benefits under certain conditions. The BAföG, or Federal Education Funding Act, is a state-funded financial aid programme in Germany.

Firstly, international students with a settlement permit fulfil the personal BAföG requirements. A settlement permit is a residence title that is unlimited in time and space, and proof is provided by presenting the residence card.

Secondly, students recognised as asylum seekers, recognised refugees, or those who have been granted a residence permit on international, humanitarian, or political grounds are also eligible for BAföG. Students with a residence permit as the spouse, partner, or child of a foreigner with a settlement permit are also eligible.

Thirdly, students with a residence title according to § 24 AufenthG can apply for BAföG funding for a maximum of 18 months. If a fictitious certificate has been issued, educational support can be granted for 6 months, after which a new application must be submitted.

Fourthly, international students with the intention of residing in Germany can also fulfil the requirements of the BAföG. Students who are residing in Germany with a residence permit under Sections 16, 16a, or 16b of the Residence Act solely for the purpose of studying or vocational training are not entitled to BAföG unless they simultaneously fulfil one of the other requirements mentioned above.

Finally, international students who have worked in Germany for at least 5 years prior to their studies, or whose parents have been legally employed in Germany for at least 3 years within the last 6 years, are also eligible for BAföG.

Eligibility for refugees

• Residence Status: The eligibility for BAföG funding is closely tied to an individual's residence status in Germany. Refugees with recognised asylum seeker status or those granted a residence permit on international, humanitarian, or political grounds are eligible for BAföG support. This typically requires presenting a residence card as proof of their residence status.
• Family Members and Dependents: Refugees who are family members or closely associated persons of EU citizens may also be eligible for BAföG benefits. This includes spouses, partners, or children of German nationals or foreigners with settlement permits. Again, proof of residence status and the relationship is typically required.
• Employment and Study Connection: Refugees can fulfil the personal BAföG requirements through their employment status and the content-related connection between their studies and previous employment. Refugees who have worked in Germany for a specified period (typically at least 10 weeks or 6 months) with at least 12 hours of weekly employment may be eligible. Additionally, if the refugee's previous employment is related to their current field of study, it can enhance their eligibility.
• Interview and Case Evaluation: Eligibility for refugee status is assessed on a case-by-case basis through interviews with specially trained USCIS officers. During these interviews, relevant evidence, including testimony, is examined to determine the individual's refugee claim and eligibility for resettlement in Germany. Security checks and country-of-origin conditions are also considered in the evaluation process.
• Time-Based Requirements: In some cases, eligibility for BAföG funding may depend on the duration of an individual's residence in Germany. For example, tolerated foreigners who have legally stayed in the country without interruption for at least 15 months may become eligible for BAföG support.
• USRAP Referral: Refugees seeking resettlement in the United States must receive a referral to the US Refugee Admissions Program (USRAP) for consideration. This referral process helps determine eligibility, and if successful, refugees receive assistance with their application, travel plans, and access to medical and cash assistance upon arrival in the US.

It is important to note that the eligibility criteria for BAföG funding can be complex, and individual circumstances may vary. Refugees seeking BAföG support are advised to seek personal consultation to understand their specific eligibility requirements and navigate the application process effectively.

Eligibility for those with a settlement permit

International students with a settlement permit fulfil the personal BAföG requirements. A settlement permit is a residence title that is unlimited in time and space. To obtain a settlement permit, you must satisfy the requirements laid down in the Residence Act.

According to the Residence Act, you are considered a "skilled worker" if you belong to one of the following groups:

• Persons who have successfully completed qualified vocational education and training in Germany or who hold a foreign vocational qualification that is equivalent to one acquired in Germany.
• Persons who have held a residence title for three years for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 36 months, and have sufficient knowledge of the German language.
• Persons who have successfully completed vocational training or a degree in Germany, have held a residence permit for two years for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 24 months, and have sufficient knowledge of the German language.

If you hold an EU Blue Card and have basic knowledge of German, you will receive a settlement permit after only 27 months, provided you have been in appropriate employment during this time and paid statutory pension insurance contributions.

In addition, you must meet the following requirements to obtain a settlement permit:

• You have a job that your residence permit allows you to do.
• You have sufficient living space for yourself and any family members living with you.
• You have adequate health insurance.
• You have no criminal record.
• You have sufficient knowledge of German (level B1) and basic knowledge of the legal and social system in Germany.

It is important to note that eligibility for BAföG funding is subject to the complex provisions of the BAföG and the Residence Act, so a personal consultation is recommended to determine your specific eligibility.

Eligibility for those with a residence permit

International students with a residence permit can receive BAföG benefits under certain conditions. The decisive factor is the respective existing residence title.

Students recognised as asylum seekers, recognised refugees, or those granted a residence permit on international, humanitarian, or political grounds are eligible for BAföG. Additionally, students who are spouses or partners of German nationals, have custody of a minor child with German citizenship, or hold a residence permit under § 30 or §§ 32-34 of the Residence Act as the spouse, partner, or child of a foreigner with a settlement permit are also eligible. The residence title must be proven by presenting the residence card.

For EU citizens, there are various options to fulfil the personal requirements for BAföG. One possibility is to work in Germany while studying, provided that the employment allows for full-time study. To be eligible, students must have been gainfully employed for at least ten weeks, with a minimum of twelve hours per week on average over one month. This regulation also applies to self-employed students. To maintain BAföG entitlement, students must continue working throughout their studies.

International students with settlement permits, which are residence titles unlimited in time and space, also fulfil the personal BAföG requirements. Students with migrant worker status, i.e. those who have been employed as EU citizens in Germany for at least the minimum hours and weeks, can also receive BAföG. This status can be "grown into", meaning that after a rejection, gainful employment can be taken up, and a new application can be submitted after ten weeks.

It is important to note that students residing in Germany with a residence permit solely for studying or vocational training do not qualify for BAföG unless they simultaneously fulfil one of the other requirements mentioned.

Frequently asked questions