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When a student finishes their studies, the remaining validity of their student permit and work rights depend on whether a residence permit application (RPA) has been submitted. Submitting the RPA before the permit expires activates the fictional effect, allowing continued stay and limited work rights.
Student to Residence Permit Transition – Germany (Fiktionswirkung Process Overview)
The Question
The Answer
Yes, but the talent may only work full time during non-lecture periods such as holidays.For another case, if the talent is still enrolled in a master’s program and has already submitted the RPA before the student permit expires, the fictional effect applies. This means the remaining days under the student permit remain valid, though the work rights continue under student permit conditions.
Germany: Student to Residence Permit Transition
Context & Background – The Challenge
Employers often face uncertainty when onboarding or continuing employment for international graduates whose student permits are expiring. The main uncertainty is whether the graduate can legally stay and work after completing studies but before receiving a new residence permit.
Applicable Regulation
Under local residence laws, the “fictional effect” (Fiktionswirkung) applies when an RPA is submitted before the current permit expires. It allows the talent to remain in the country lawfully under the prior permit’s conditions until a decision is made.
The Outcome / Detailed Explanation
- If the RPA has not been submitted, the student can only use the remaining valid days of their permit, with full-time work permitted only during non-lecture periods such as holidays.
- If the RPA is submitted before the student permit expires, the fictional effect ensures continued stay under the same conditions, meaning the talent remains bound by the student permit’s limited work rights.
Employer or Talent Steps
- Confirm whether the RPA has been submitted before the student permit expiry.
- For continued employment, ensure compliance with the student permit’s work conditions during the fictional period.
- Once a new residence permit is approved, update employment terms to reflect the new visa category.
Key Learnings / Takeaways
- The fictional effect offers lawful stay between permits but retains previous work restrictions.
- Timely submission of the RPA is crucial to maintain valid legal status.
- Employers should verify permit validity and submission status before extending work hours or issuing full-time contracts.
FAQs: Student to Residence Permit Transition in Germany
This covers the following use cases:
- What happens if a student finishes their degree but hasn’t yet submitted their residence permit application?
- Can a foreign student continue working in the country after completing studies under a valid student permit?
- Does the fictional effect apply if a student submits their residence permit application before the old permit expires?
- How long can international graduates legally stay after their student permit expires while waiting for a new residence permit?
- Can a student under fictional effect work full time before the new residence permit is issued?
- What are the work restrictions during the fictional effect period under a student residence permit?
- How can employers verify if a graduate is legally allowed to work while their residence permit application is in process?
- What steps should employers take when a student employee’s permit is about to expire but the RPA is submitted?
- How does the fictional effect impact student permit holders transitioning to a work or residence permit?
- What legal stay rights apply between student permit expiry and new residence permit approval?
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