EU-Citizens
EU citizens have various options to fulfil the personal requirements under BAföG.
- 1st option: Gainful employment in Germany
One of these possibilities is for EU citizens to work in Germany while studying. The background to this is the principle of free movement of workers that applies in the EU. In concrete terms, the following requirements must be met:
Family members as defined in Section 1, Paragraph 2, No. 3 of the Freedom of Movement Act/EU, or persons closely associated as defined in Section 1, Paragraph 2, No. 4 of the Freedom of Movement Act/EU, who derive their right of residence from EU citizens, also meet the personal requirements for BAföG without having to pursue employment in Germany themselves. Family members can prove their right of residence by presenting the residence card for family members, or a certificate from the immigration authorities confirming that the necessary information for obtaining such a card has been provided. Closely associated persons of EU citizens must present a residence card according to Section 5, Paragraph 7 of the Freedom of Movement Act/EU.
- 2nd possibility: Right of permanent residence Show details
Another possibility is the right of permanent residence. This mainly covers EU citizens who have resided legally in the territory of the Bundesrepublik Deutschland for at least five years. Proof can be provided by means of a permanent residence card issued by the foreigners authorities.
Family members as defined in Section 1, Paragraph 2, No. 3 of the Freedom of Movement Act/EU, or closely associated persons as defined in Section 1, Paragraph 2, No. 4 of the Freedom of Movement Act/EU, who can also derive a right of permanent residence under the Freedom of Movement Act/EU, are also eligible for BAföG benefits. Family members and closely associated persons of EU citizens must prove their right of residence by presenting a permanent residence card according to Section 5, Paragraph 5, Sentence 2 of the Freedom of Movement Act/EU. Closely associated persons of EU citizens may also be required to present a residence card under Section 5, Paragraph 7 of the Freedom of Movement Act/EU.
- 3rd possibility: Content-related connection between studies and previous employment
The BAföG entitlement also results from an employment relationship that is related to the content of the studies and that was taken up at least six months before the start of the studies. The employment must have been pursued in Germany.
- Option 4: Derived right
In addition, the personal BAföG requirements for EU citizens can also be fulfilled if the right to freedom of movement can be derived from a spouse, partner or own children.
Other international students
International students who do not belong to the group of EU citizens can also receive BAföG benefits under certain conditions.
- Settlement permit
International students who have a settlement permit fulfil the personal BAföG requirements without further ado. A settlement permit is a residence title that is unlimited in time and space. Proof is provided by presenting the residence card.
- Presence of a specific residence permit
International students with the intention of residing in Germany can also fulfil the requirements of the BAföG. The decisive factor is the respective existing residence title. Which residence titles entitle the holder to funding under the BAföG can be found in § 8 paragraph 2 BAföG.
In particular, however, this includes persons who meet one of the following criteria:
The residence title must be proven by presenting the residence card.
- Residence title according to § 25 Para. 3, Para. 4 Sentence 2, Para. 5, 30-34, 36 Sentence 2 or according to § 36a AufenthG + living in Germany for at least 15 months
Students with other residence titles (e.g. § 25 Para. 3, Para. 4 Sentence 2, Para. 5, 30- 34 or according to § 36a AufenthG) can also receive education grants according to BAföG. In those cases, students must also have resided in Germany for at least 15 months. The residence title must be proven by presenting the residence card.