Indian Students Asked to Leave Germany: The §16b Reality Most Students Never Checked

Last Updated: January 15, 2026
Reading Time: ~4 minutes

Introduction:

When Everything Right Goes Wrong

Deep Shambarkar thought he had done everything perfectly. In July 2024, he arrived in Berlin with a valid student visa, admission to a master’s program in business management, and ₹18 lakh in education loans his family had carefully arranged.
– His student ID worked.
– His classes appeared on the timetable.
– His assignments were graded.

For months, nothing seemed wrong. Then came the yellow envelope.

In the summer of 2025, Berlin’s immigration office sent Deep a letter. It didn’t question his grades—he had completed his coursework. It didn’t accuse him of overstaying – his visa was still valid. It didn’t allege fraud—his documents were genuine.

It simply said: Your residence permit will not be renewed. You have until November 3, 2025, to leave Germany. “I don’t think the university will pay me back,” Deep told Euronews in December 2025. “Instead of working on my master’s thesis, I’m dealing with immigration officials.” By January 2026, Deep was one of more than 300 Indian students asked to leave Germany under similar circumstances—despite being enrolled, paying fees, and following every instruction given to them. Their mistake wasn’t academic. It was something they had never heard of until it disrupted their plans: §16b of Germany’s Residence Act.

What §16b Actually Means

Section 16b governs Germany’s student residence permits.

The principle is straightforward:
Germany grants residence permits only when your physical presence in Germany is necessary to complete your studies.

During visa extensions—usually after the first year—immigration authorities ask one key question: “Could this degree be completed without Germany?”. If the answer is yes, or even mostly yes, your residence permit can be denied – regardless of what your university or agent told you.
This assessment happens at the extension stage, not when you first arrive.

The Gap Nobody Explained

Here’s the assumption that caught many students off guard: “If the university admitted me and I got a visa, I’m safe.”
In reality, two separate systems decide your future:

  • Universities decide who gets admitted
  • Immigration offices decide who gets to stay

These systems don’t always agree.

Immigration authorities are not bound by:

  • University marketing (“on-campus degree”)
  • Admission letters
  • Agent assurances
  • Even enrollment certificates

They look at how your program actually works:

  • Are classes mandatory in person?
  • Are exams supervised on campus?
  • Could the degree be completed remotely with a laptop?

If your degree can be completed without Germany, §16b doesn’t apply to you – meaning no residence permit.

What Happened at IU Berlin

IU International University offered programs marketed as on-campus but delivered in hybrid formats, combining online and in-person elements.

Many Indian students:

  • Completed early semesters online from India
  • Relocated to Germany later
  • Applied for residence extensions after one year

In 2025, Berlin’s immigration office reassessed these programs and concluded:

  • A significant portion of coursework could be completed remotely
  • Physical presence was not legally necessary
  • The programs resembled distance learning

Under German law, distance learning does not qualify for a student residence permit, even if a student chooses to live in Germany. A Berlin court upheld this interpretation in November 2025. The outcome was stark: residence extensions denied, students ordered to leave mid-degree, and heavy financial loss.

Why Indian Students Were Affected More Often

Indian students were not targeted—but they were concentrated in a higher-risk pathway.
Most affected students:

  • Enrolled at private universities
  • Studied business or management programs
  • Used “blended pathways” that began online from India
  • Applied through education agents
  • Had little to no awareness of §16b before enrolling

These programs appeared attractive:

  • Lower initial relocation costs
  • Faster admissions than public universities
  • English-taught instruction
  • Marketed flexibility

But what made them academically flexible made them legally fragile. Starting a degree from outside Germany weakened the argument that Germany was ever necessary in the first place.

What Changed in 2025–2026 (And What Didn’t)

What didn’t change

  • §16b itself
  • Germany’s openness to international students
  • The legality of private universities

What did change

  • Stricter enforcement during visa extensions
  • A tougher stance by Berlin’s immigration office compared to other cities
  • Removal of low-cost administrative appeals
  • Court support for stricter interpretation

The key shift:

A visa granted at entry no longer implies safety at extension. Many students learned this only after investing ₹20–25 lakh in tuition, housing, and living costs.

The Real Cost

For many students, total financial loss exceeded ₹25 lakh:

  • Tuition already paid
  • Living funds locked into required accounts
  • Housing deposits, flights, insurance
  • Day-to-day expenses already spent

Most of this is non-recoverable.
But the deeper impact went beyond money:

  • Interrupted degrees
  • Education loans without credentials
  • Family distress and loss of confidence
  • Years lost in career timelines

Almost all affected students acted in good faith. This was not misconduct—it was misalignment between education delivery and immigration law.

The Accountability Gap

Universities focus on academics and admissions. Agents focus on placements and initial visas. Immigration offices enforce residence law strictly and the student sits in the middle. When rules tighten the students carry all the risk.

How to Protect Yourself Before Choosing Germany

Before accepting any offer, get clear answers to five questions:

  1. Is attendance mandatory in person (80%+)?
    Flexible or optional attendance increases risk.
  2. Are all exams conducted on campus?
    Online exam options weaken §16b compliance.
  3. Can any part be completed from outside Germany?
    “Start from home” is a serious red flag.
  4. Will the university confirm §16b compatibility in writing?
    Vague assurances are not enough.
  5. Is the program based in Berlin?
    If yes, apply extra caution—Berlin enforcement is the strictest.

If answers are unclear or undocumented, risk exists.

If You’re Already Enrolled and Worried

Act early.

  • Collect timetables, attendance records, and exam documentation
  • Know your residence permit expiry date
  • Consult an immigration lawyer before deadlines approach
  • Research transfer options proactively

Students who acted months earlier avoided the worst outcomes. Those who waited did not.

Germany Still Works—With Clear Eyes

Germany remains one of the strongest study destinations for Indian students:

  • Public universities charge minimal tuition
  • Education quality is world-class
  • Post-study work options remain available
  • STEM job demand is strong

What has changed is tolerance for ambiguity. Public universities with mandatory on-campus structures saw no impact from this crisis. Their delivery models inherently meet §16b requirements. The lesson isn’t “avoid Germany.” It’s “choose Germany carefully.”

Where ChoPaChe Edu Fits In

ChoPaChe Edu has been monitoring the IU Berlin crisis from the beginning—since the first Reddit warnings appeared in mid-2025—and our social media guidance videos demonstrate our commitment to keeping our community informed.

In Deep Shambarkar’s story, nobody verified against §16b—and Deep lost ₹18 lakh mid-degree. We’ve analyzed 50+ deportation cases since this crisis began. We know which programs pass §16b scrutiny and which don’t—before you commit. We don’t earn university commissions. We don’t sell placements. We verify programs against immigration law so you don’t become the next case study.

We’ve reviewed over 50 affected student cases. What we learned shapes every recommendation we make. Our guiding principle is simple: ‘A delayed admission is better than a disrupted life.‘ Because we’ve walked in students’ shoes ourselves, we ensure every recommendation serves their long-term well-being, not just immediate outcomes. At ChoPaChe Edu, we take pride being the student-first consultants where we focus on students’ future rather than the number of placements. Our incentive is your successful degree completion, not placement numbers.
Our Approach: Stress-Testing Before Enrolment:

  • §16b Compliance Review: We analyze course delivery models against residence law requirements
  • Geographic Risk Assessment: Berlin vs. Munich vs. Hamburg—we factor in local enforcement patterns
  • Public vs. Private Evaluation: We explain trade-offs with transparency, not blanket recommendations
  • Extension-Stage Planning: We map the full journey, not just admission
  • Alternative Scenario Planning: If your preferred program poses risk, we identify safer alternatives

Your Next Step

Right now, students are accepting German admissions without understanding §16b. Some will get lucky. Others will receive deportation notices in 2027. If you’re unsure whether a program is §16b-safe, get it independently verified before committing.

If You’re Researching Germany (Pre-Application)
Step 1: Use our 8-Point University Safety Checklist to evaluate programs
Step 2: Check your degree, course and Visa alignment to the course to assess risk level
Step 3: If you are confused or need assistance → Book a free slot with ChoPaChe Edu for a no-pressure discussion

Don’t gamble with ₹25 lakh. Get your shortlisted programs verified before committing. A 20-minute conversation now can prevent years of disruption later.

Hit us up on social media for quick questions—we keep things interesting over there.

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