Visas for Students - Study Visas
The German praxis to issue a visa is the following. The student shall contact the embassy to apply for a study visa for Germany. He should have all the documents with him which prove that he is able to study in Germany. He should have a motivation letter with him stating why he is intending to study which subject. He will be invited for a personal interview with the officer of the embassy. In this interview the embassy will check if his intention to study in Germany is honest.
To prepare such a visa application the applicant should contact a lawyer. If something goes wrong the embassy will not issue the visa. If the embassy rejects the visa application because they think that the applicant has no intention to study honestly it will be a long procedure to get the visa. After a rejection decision of the embassy it will be very difficult even to get a tourist visa.
Strictly this praxis violates EU COUNCIL DIRECTIVE 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service, Official Journal of the European Union 23.12.2004, L 375/12. Nevertheless the applicant shall not shut himself off from this procedure, because the embassies and some of the chambers of the responsible administrative court in Berlin still check if the intention to study is true, although they should not do this on the basis of the jurisdiction of the ECJ.
Significant is here the decision of ECJ, judgement, September 10, 2014, in the case Case C 491/13 (Mohamed Ali Ben Alaya). Therefore the embassies have to use Art. 12 of dicective 2004/114/EG.
The ECJ decided that the member states have the duty to issue visas to third-country nationals who intend to stay in the territory of the member state of the EU longer then three months with the intention to study here as soon as they fulfil the admission conditions of the right of the European Union. The member states may not impose additional admission requirements. If the conditions are met, the embassy has to issue the visa. The only criteria to reject the visa, is then that the study applicant is a threat to public policy, public security or public health.