Germany Alert – REST Directive Implemented

The REST Directive has been implemented by German Parliament, effective August 1, 2017.

For all EU countries that have implemented the REST Directive, besides UK, Ireland and Denmark, as they have opted out, foreign national students will be able to study, participate in an academic exchange program, or participate in an internship related to their study.

A residence permit will continue to be offered for foreign national students that are accepted to a public or officially recognized university in Germany, full time.  It will also allow the student to obtain full-time employment for 120 days per year, or the equivalent of part-time employment.

Foreign national students that hold a permit for other EU countries will not need to obtain a visa or permit for a stay in Germany as long as they participate in an academic exchange program for up to 360 days and follow the registration protocol.

BAMF must be notified of the short-term transfer to Germany, along with the foreign nationals Residence Permit from the EU country, by the host university.  Objections to the transfer can be made by the BAMF within 30 days after the notification.  Proof of means of support will also be required.

Researchers holding a permit issued by a fellow EU country can stay in Germany for 180 days within a 365 day period for the purpose of conducting research.  The same protocol applies, as the host entity in Germany must notify the BAMF on the short term transfer.  Proof of the foreign nationals valid Research Permit, an agreement between the research entity in the fellow EU country and host entity in German, and means of support must be included in the notification to the BAMF.

Researchers holding a permit issued by a fellow EU country that intend to stay in Germany for more than 180 days within a 365 day period must apply for a Research Permit with the German Immigration Authorities.  If the researcher holds a valid permit from a fellow EU country, they are able to travel to Germany for 180 days, as their application is awaiting a decision from the authorities.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation.  This news alert was prepared using information from Offer & Mastmann.