BAföG – the education loan can be granted to Germans and, under certain circumstances, to other nationals. The education loan is granted to Germans within the meaning of the Basic Law. In addition, foreigners can also receive the education loan, provided they belong to one of the groups named in § 8 BAföG..
In summary, these are:
- EU citizens or nationals of EEA states (Norway, Iceland, Liechtenstein) who are treated as such and who have a right of permanent residence within the meaning of the Freedom of Movement Act/EU, as well as other foreigners who have a settlement permit or a permanent residence permit in accordance with the Residence Act
- Spouses and children of EU citizens or nationals of EEA states who are treated as such and who are entitled to freedom of movement under Community law under the conditions of Section 3 (1) and (4) of the Freedom of Movement Act (Freizügigkeitsgesetz/EU) or who are not entitled to these rights only because they are 21 years of age or older and do not receive maintenance from their parents or their spouses,
- EU citizens or nationals of EEA states who have the same status as EU citizens or nationals of EEA states who were employed in Germany prior to the start of the training and whose subject matter is related to that of the training,
- Foreigners who have their habitual residence in Germany and who are recognised as refugees outside the territory of the Federal Republic of Germany and who are entitled to reside in the territory of the Federal Republic of Germany on a more than temporary basis,
- homeless foreigners within the meaning of the relevant regulations.
- Other foreigners if they have their permanent place of residence in Germany and hold a residence permit in accordance with sections 22, 23 (1) or (2), 23a, 25 (1) or (2), 28, 37, 38 (1) no. 2, 104a or, as the spouse or child of a foreigner with a settlement permit, a residence permit in accordance with section 30 or sections 32 to 34 of the Residence Act,
- or
- if they have their permanent residence in Germany and hold a residence permit pursuant to section 25 sub-section 3, sub-section 4 sentence 2 or sub-section 5, section 31 of the Residence Act or, as the spouse or child of a foreigner with a residence permit, a residence permit pursuant to section 30 or sections 32 to 34 of the Residence Act and have been residing in Germany for at least four years without interruption on a legal, authorised or tolerated basis.
- Tolerated foreigners (§ 60 a of the Residence Act) who have their permanent residence in Germany if they have been staying in the Federal territory legally, permitted or tolerated for at least four years without interruption.
- Other foreigners if they themselves have resided in Germany for a total of five years prior to the start of the eligible part of the training period and have been legally gainfully employed during this time or if one parent has resided in Germany for a total of three years prior to the start of the eligible part of the training period and has been legally gainfully employed or has been legally gainfully employed for a shorter period, but for at least six months, for a reason for which he/she is not responsible
The provided information you find here as pdf
If you want to know more please contact the Studentenwerk Schleswig-Holstein; the international advice center
All consultations are subject to confidentiality and can be conducted anonymously.
The consultations are introductory information and do not replace legal advice from a lawyer.