After Exmatriculation, Kenyan Converts From Uni Visa to Ausbildung Visa

After my last visit to the Ausländerbehörde, I asked about the possibility of changing from a Studium visa to an Ausbildung visa, and as written in the article afterward, one isn’t allowed to switch between these two visas. Like with many rules, here’s one with an exception. 

Case:

A Kenyan student came to Germany as an au pair, after which she applied to join University. She enrolled for Studienkolleg in preparation to start her studies in Betriebswirtschaftslehre (BWL). She later changed from that University and changed to a different study course, namely, Social Work. Shortly before her visa extension in 2013, she failed her exams thrice and was eventually ex-matriculated by the Uni.

Before her visa extension, she applied for an Ausbildung as a geriatric nurse and tried to have her visa changed from a Uni visa to an Ausbildung one.

 

Ruling:

The Ausländerbehörde rejected the application on the earlier explained basis. Their argument was that she had changed her reason for stay (Zweckswechsel) in Germany and therefore had to return to Kenya to apply for a new visa.

Her lawyer, Zeljko Grgic, from the “Rechtsanwälte de Filippis & Grgic” law firm in Frankfurt opposed this decision at the Administrative Court (Verwaltungsgericht) of Darmstadt. The Ausländerbehörde was requested to suspend the decision until the court made a final decision on the matter.

Grgic’s argument was that Germany was looking for health care workers from around the world. His client had gained experience in social work and had good knowledge of German and should therefore be considered an asset in Germany instead of being kicked out.

Following an out of court settlement, the Ausländerbehörde agreed to issue a pre-approval for the Ausbildung visa to train as a nurse. With the pre-approval, the client then travelled to Kenya to apply for the new visa and after 2weeks, with the new visa in her pocket, she returned to Germany.

 

Points to ponder:

– Even with a court process, one has to return to Kenya to apply for the visa in cases of a Zweckswechsel

– It helps to travel to Kenya with a pre-approval from Germany, to avoid any surprises