Immigration Office Unjustly Bans Online Degree Programs

Can the Immigration Office Require In-Person Study Only? A Kenyan student wants to extend his residence permit for study purposes. The Immigration Office takes the position that the residence permit can only be maintained if the studies are completed in person. The applicant did not agree with this and filed a lawsuit seeking an extension of his residence permit. This raises the question: Can the Immigration Office make in-person study a requirement, even though § 16b of the Residence Act does not expressly state this?

In its decision of March 20, 2026 – VG 24 L 1/26, the Berlin Administrative Court ruled that a residence permit for study purposes under § 16b of the Residence Act may not be made contingent on the requirement that the program be exclusively in-person. In practice, this means: The Foreigners’ Office may not automatically require that a degree program be recognized for residence purposes only if it mandates compulsory attendance in the lecture hall, subject to penalties. At least in cases where the student actually attends the in-person classes offered as part of a full-time program, they satisfy the requirement to reside in the Federal Republic of Germany specifically for the purpose of full-time study. The decisive factor is that the studies constitute the primary reason for the stay and that the student actually attends in-person classes. Other activities of the foreign national within the federal territory are irrelevant as long as the primary purpose remains the course of study and the student is studying in good standing. The Chamber bases its decision on the wording of the law, the legislative rationale, and the EU legal requirements of the REST Directive, which do not require a stricter interpretation.

The court thus clarifies: What matters is whether the legal requirements for a residence permit for study purposes are met. Whether a degree program is organized entirely or partially online is not sufficient grounds to deny or revoke a residence permit. What is decisive is not the label “in-person study,” but the legal basis.

For students from third countries, the decision is an important argument against a blanket official requirement for in-person courses. Those pursuing a distance or hybrid program can rely on the fact that the right of residence is not automatically tied to an attendance requirement.

Cultural Remark

Recognizing that some cultures prefer to avoid court / argue but seek harmony through compromise. This does not work in Germany with the authorities when they have denied an application! There is no chance anymore to discuss anything because the case is over – “GAME OVER”.

Maybe you fear negative consequences because you appeal? Relax! Germans take it very sportingly. They are not allowed to treat your application negatively on purpose because you “dared” to appeal/contradict. It is a right in Germany to file an appeal – to get a second opinion from a higher authority. If the consulate loses the case, they will continue processing your application – as if nothing happened. If you lose the case, it will more clearly show what was wrong with your setup and how to remedy it in the next application.