Am letzten Tag der Frist der Stille der ABH kam zurück, um die Botschaft mit Fragen über die Anwendung. Der Student ist wegen der Botschaft am Montag gehen, um diese Fragen zu beantworten.

Es gab einige Probleme mit Gehäuse für den Studenten und durch die Zeit der ABH gesichert wurde gesagt, der Student es war nicht genug Zeit, um die Aufenthaltserlaubnis zu verarbeiten und die Schüler gebeten, in seine Heimat zurückkehren, erneut zu kandidieren, die er tat.

Was wird jetzt geschehen, sobald er mit der Botschaft trifft auf diese Punkte zu klären? Ist die Botschaft die Befugnis haben, ein Visum zu erteilen, wenn sie mit den Antworten zufrieden sind oder geht diese zurück auf die ABH genannten bekommen? Kann die ABH nehmen, solange sie zu entscheiden, zu erteilen oder zu verweigern das Visum Wunsch?


In English in case the translator is inaccurate:

On the last day of the period of silence the ABH came back to the embassy with queries about the application.  The student is due to go to the embassy on Monday to answer these queries. 

There were some issues with housing for the student and by the time it was secured the ABH told the student there was not enough time to process the resident permit and the student was asked to return to his home to reapply which he did.

What will now happen once he meets with the Embassy to clarify these points? Does the embassy have the authority to issue a visa if they are satisfied with the answers or does this get referred back to the ABH?  Can the ABH take as long as they wish to decide to issue or deny the visa?

caymandriver07 schrieb am 10.12.2010 um 14:04:52:

Does the embassy have the authority to issue a visa if they are satisfied with the answers or does this get referred back to the ABH?

The embassy can be authorized to issue a visa, and can be not authorized.

This depends on the answer from ABH.
"Wir stimmen zu, falls ... gegenüber der AV nachgewiesen wurde." vs. "Wir bitten den Antragsteller zu befragen ... und uns das Ergebnis mitzuteilen."

so dass, Wir bitten den Antragsteller zu befragen ... und uns das Ergebnis mitzuteilen."wenn die ABH hat gesagt die Fragen und teilen Sie uns die Antworten nicht jeder wissen, wie lange sie normalerweise mit einem formellen Beschluss zu reagieren ..... Dies wäre für Hamburg im Falle, dass Fragen


so if the ABH has said ask the questions and tell us the responses does anyone know how long they normally take to respond with a formal decision..... this would be for Hamburg in case that matters

A few minutes after sending the email I met, 4 weeks I met too.

And: New questions instead of an answer are possible.

:wahrsag: You just have to wait.

Ich vermutete, dass die Wartezeit wäre in hohem Maße abhängig von den individuellen Umständen.

Eine zusätzliche Abfrage .... gibt es irgendwelche hilfreichen Hinweise auf das, was die Botschaft wird so die Motivation der Studie suchen? Der Schüler schlossen ihre Bachelors in Deutschland und sucht nach seinem Studium an der Master-Ebene fortsetzen.




I suspected that the wait time would be highly dependent on the individual circumstances. 

One additional query....are there any helpful hints on what the Embassy will be looking for as to motivation of study?  The student completed their Bachelors in Germany and is seeking to continue his studies at the Masters level.

caymandriver07 schrieb am 12.12.2010 um 00:53:28:

I suspected that the wait time would be highly dependent on the individual circumstances

So it is.


caymandriver07 schrieb am 12.12.2010 um 00:53:28:

are there any helpful hints

No.

Die Botschaft habe eine schriftliche Erklärung über die Motivation für ein Studium in Deutschland beantragt. Was ist die Länge der durchschnittlichen Anweisung (ein paar Sätze, 1 / 2 Seite, 1 Seite etc).

Auch sollte der Student nur diskutieren das akademische Programm in seiner Erklärung oder andere Faktoren wie die Vorteile des Lebens in Deutschland?

Schließlich könnte jemand bitte einen Link zu den aktuellen Aufenthaltsort zu handeln. Ein Dokument, mit dem Titel DADD vorbereitet Informationen Zu den rechtlichen
Rahmenbedingungen für einreise und Aufenthalt "von Ausländischen Studierenden und
Wissenschaftlern verwiesen auf Nach 31 Abs. 1 und diskutiert die keine-Antwort-Regel, sondern die Fassung des Gesetzes von 2007 scheint mit der Familienzusammenführung befassen, so bin ich nicht sicher, ob das Dokument DADD ist veraltet oder die Version des Aufenthaltsgesetzes ich bin mit nicht genau.

Ich danke Ihnen allen noch einmal.




The embassy have requested a written statement of motivation for studying in Germany.  What is the length of the average statement ( a few sentences , 1/2 page, 1 page etc). 

Also should the student only discuss the academic program in his statement or other factors such as the benefits of living in Germany?

Finally, could someone please provide a link to the current residence act.  A document prepared by DADD entitled Informationen zu den rechtlichen
Rahmenbedingungen für Einreise und Aufenthalt von ausländischen Studierenden und
Wissenschaftlern referenced Article 31 Section 1 and discusses the no-reply rule but the version of the law from 2007 seems to deal with family reunification, so I'm not sure if the DADD document is out of date or the version of the Residence Act I am using is not accurate.

Thank you all again.

Helpful Hints or Information..

Difficult if you know so little about applicant and his interest or the case file..

In general visas to study in Germany are processed using the "Schweigefrist- oder Verschweigefristverfahren" which means if all goes right the visa could be issued in 3 weeks and 2 business days.. but the immigration office is consulted and can cancel it..

They cancel it if they have questions or need more information/documents..

In your case it seems they got questions on his motivation, why he wants to study in Germany..
The answers have to come from him..
is his Masters Course in German language? Does he speak German or Does he have sufficient knowledge of the German Language or does he need to do a language course first..

The applicant has to proof he is serious about studying in Germany..

Lot of people want to study in German but do not speek German or sufficient German yet... if he is interested and motivated he should at least have started to learn German or have some basic knowledge of the German language..
but this is me guessing...

Here we don't know what the immigration office is looking for..

Doing a "Masters" Course in Germany does not make him a "Wissenschaftler" or "Forscher"....

Students should or could seek help at DAAD
German Academic Exchange Programm who explains the system very well even in different languages or at the International office or Akademisches Auslandsamt at the University where they want to stay/study..

Why isn't the interested student posting here himself.. via a third party it gets much more difficult..

The student completed his bachelors degree in Engineering in Germany and this was an English language program.  His Masters is also an english language program in Engineering with a concentration in Computer Engineering.  The student speaks German to the C level. 

The student was in Germany after graduating in 2009 and worked for 1 year as a researcher for the university for which he has been accepted for his Masters.  He chose the Masters program because the bachelors program at that university is similar to his own bachelors program making the transition a smooth one, with only minimal bridge courses required. 

The student wishes to continue his studies at the PhD level following his Masters and believes this program would give him an excellent foundation in these ambitions.

The student has been a resident in Germany for the past 4 years without any issues, incidences, etc.  He made a mistake in thinking he could remain resident in his current city and commute to his new school which is in a different city.  By the time he realised this was not possible, there was less than 3 weeks left on his current visa.  He was able to get his Anmeldung but when he applied for the residence permit the ABH told him there was not enough time to process his residence permit before the expiration of his visa and told him he would need to return to his home country to reapply.  He was given a border crossing certificate and left Germany before the end date.

The local ABH should have all of the paperwork regarding the student's most recent application for a residence permit which was why it seems unusual they would question the students motivation of study but since they have we were hoping get get any helpful insight above and beyond what has been listed above that may help the student express his motivation.

The reason why the student doesn't post directly is that in his country, internet connection is very unreliable and as a family friend I have been trying to assist him with his applications. He could certainly do better on the German than I in these postings but I'm trying to help out as much as possible.

Thanks again for any assistance.

caymandriver07 schrieb am 13.12.2010 um 13:18:27:

version of the law from 2007 seems to deal with family reunification, so I'm not sure if the DADD document is out of date or the version of the Residence Act I am using is not accurate

the law regarding immigration "Aufenthaltsgesetz" AufenthG http://www.info4alien.de/gesetze/aufenthg.htm
was originally issued 2004, with some changes in 2007 and 2009.
It is not only dealing with family reunification but with general rules for foreigners/non-Germans who want to come and/or to stay in Germany.

You refere to Article 31 ... this is wrong article (in AufenthG )for study.
Correct Art. for studies is Art.16 AuftenthG .
Which law were you refering to when mentioning Art. 31?

erne schrieb am 13.12.2010 um 15:53:19:

Which law were you refering to when mentioning Art. 31?

In this document issued by DADD in section 2.1.2.1 it mentions article 31 but like you mentioned in your posting the relevant section in the residence act is 16.  I was just trying to find out what law the DADD document was referencing.

http://www.daad.de/imperia/md/content/de/deutschland/downloads/info_aufenthaltsrecht_zuwanderung.pdf

caymandriver07 schrieb am 13.12.2010 um 16:01:28:

I was just trying to find out what law the DADD document was referencing.

ah, ok, that document does not refere to Aufenthaltsgesetz, it referes to Aufenthaltsverordnung, which is "less" than a law. (in other words, "gesetz" is ruling over "verordnung" in cases of discrepancy)

Aufenthaltsverordnung:
http://www.info4alien.de/gesetze/aufenthv.htm
in detail http://www.info4alien.de/gesetze/aufenthv.htm#31
In general this article says that the Ausländerbehörde needs to agree if a foreigner want to get a visa for more than 3 months
or if there is a security inquiry needed. In case of this inquiry the "period of silence" applies.

edit: same article says

Zitat:

Dasselbe gilt bei Anträgen auf Erteilung eines Visums zu einem Aufenthalt nach § 16 Abs. 1 oder 1a oder nach § 20 des Aufenthaltsgesetzes, soweit das Visum nicht nach § 34 Nr. 3 zustimmungsfrei ist, mit der Maßgabe, dass die Frist drei Wochen und zwei Werktage beträgt.

, meaning that same "period of silence" applies for Visa according §16 AufenthG (Aufenthaltsgesetz) ... but this was already discusses in this thread earlier.

Thanks Erne.  That makes perfect sense now. 

If anyone else has any thoughts on points to add to a statement of motivation, that would be really appreciated.  Should this be in the form of a letter addressed to the relevant Consulate or ABH?

caymandriver07 schrieb am 13.12.2010 um 15:53:15:

The student has been a resident in Germany for the past 4 years without any issues, incidences, etc.He made a mistake in thinking he could remain resident in his current city and commute to his new school which is in a different city.By the time he realised this was not possible, there was less than 3 weeks left on his current visa.He was able to get his Anmeldung but when he applied for the residence permit the ABH told him there was not enough time to process his residence permit before the expiration of his visa and told him he would need to return to his home country to reapply.He was given a border crossing certificate and left Germany before the end date.

That does not make sense, there should be more to it, if he was in Germany and his request was denied because there was not "sufficient" time to do so.

Last 4 years in Germany? What does his sticker say? His residence permit was based on which grounds?
§ 16 Abs. 1 AufenthG or different..

More and more facts appear.. would have been nice to know them upfront...

Einbeck- He was a resident as a student for 3 years whilst he was completing his Bachelors degree and 1 additional year under the jobseekers provision.  During his year of jobseeking he applied for and was accepted into a Masters program.  His internship was through a research program so he was on jobseekers for a few months before moving back to student status.....

he got an extension on this student visa to cover the time period between expiry and the commencement of his Masters program. 

The problem was that he was resident in one city and his school was in another.  He thought he could just commute but under the residence permit for students he discovered he had to have residence in the ABH area as where he attends school.  By the time he found housing and went to apply for the residence permit the ABH told him he had passed the deadline for applying (even though there was still 3 weeks left on his visa) and so they sent him home to reapply.   Nothing was denied they simply said he had missed the deadline to apply in order have sufficient time to process the application.

Apparently this particular ABH has said that the applications for residency permits must be filed by the first day of classes and the student missed this deadline by a week

I am trying to put enough facts on the table so that you kind generous souls can offer advice without compromising any pending outcome of the application by posting specific information such as schools, location, country of origen etc.  I hope this makes sense.  There really isnt anything to hide here its just i don't want to post too much on a public forum


Nonetheless, he's now reapplying for a student visa and needs to come up with a statement of motivation.

caymandriver07 schrieb am 13.12.2010 um 18:41:37:

without compromising any pending outcome of the application by posting specific information such as schools

You do not have to mention cities or Universities by name, but facts like jobseekers etc. are very important... anyway I am here "private" not  "official" and do not contact or pass information to immigration offices..

With regard to the statement of motivation:

Should this address why the student wants to study this particular program at this particular university or should the statement be more broad in terms of other more cultural aspects?

Also would it be preferred for the statement to be in German or can it be in English if the program is an English language program?

As a followup to this post, Einbeck was correct, there was more to the story than what I had originally been told.  It transpires that the student had some issues with completing their bachelors degree.  The student applied to and was accepted into another program but during that time period of 1 year was in Germany without a valid visa.  When he tried to reapply within Germany it was clear he had overstayed his visa and he was luckily given the opportunity to leave voluntarily rather than being deported/expelled.  The student has no other criminal history, as far as I know.   

The student returned home and reapplied and explained the situation in his statement of motivation.  This was sent to the ABH about 4 weeks ago. 

I know that it is difficult to say how long the ABH might take to decide upon the visa but is there a recommended way that an update can be requested by the embassy, or will that simply make the ABH officer's irritated and possibly negatively impact the decision.  The ABH is Hamburg.  Could it be implied that because the ABH didn't reject the application immediately and with the length of time passed that the odds for the visa being approved are good?

The reason for the now urgency is the student will need to start applying for other schools if his German visa is denied but there are monetary costs so he would rather not spend the money until he knows for sure.

Any of ABH officers/workers who frequent this board, I'd greatly appreciate your help.  Feel free to PM me if that would be better.

Thanks.