The ÖH won the case: Thanks to the efforts of the ÖH, it was possible to establish that the refusal of a residence permit for students from third countries due to “too late” academic achievement because of expired registration deadlines of the university is unlawful.
At the end of October 2016, student G from a third country receives her study permit with the requirement to take the supplementary examination from German before beginning her studies. This winter semester, however, it is no longer possible to register for the German course of the pre-study program; the courses have long since begun.
The regional health insurance fund now wants to see confirmation of enrollment for student self-insurance in health insurance in the winter semester of 2016. Because the student can stay visa-free in Austria in the fall to complete the formalities, she registers at the university to receive a confirmation of enrollment as an extraordinary student without attending the pre-study course.
Finally, for the pre-study course, registration and course attendance will be available beginning in the summer 2017 semester. In the 4th following semester (winter semester 2018), she passes the German language exam and registers for the regular study program from summer semester 2019 – i.e. from March 1.
In the further extension procedure, the residence authority is of the opinion that G has not achieved sufficient academic success. According to the Settlement and Residence Act (NAG), proof of enrollment in regular studies must be provided “at the time of the second renewal.” G’s residence permit is valid until the beginning of February 2019. The summer semester starts on March 1 and this date is also on the confirmation of study period issued by the university. In addition, the 1st “phantom semester”, but in which the pre-college course attendance was not possible, is counted as the 5th semester. This leads to the rejection of the extension.
G turns to the department for foreign students of the Austrian Student Union (ÖH) with the request for support. Here, she is assisted in filing an appeal against the negative decision. The competent regional administrative court finally upholds G’s appeal and grants the right of residence. The justification states that the earlier completion of the registration period for the pre-study course was an “unavoidable obstacle” and thus even assuming a formal 5 semesters of “extraordinary study” the study success is sufficient. The question of whether the start of the semester 2 weeks after the date of issue of the residence permit and thus the “mathematical
Exceeding” of 2 years has any meaning, did not have to be decided anymore.
The ÖH won the case: Thanks to the efforts of the ÖH, it was possible to establish that the refusal of a residence permit for students from third countries due to “too late” academic achievement because of expired registration deadlines of the university is unlawful.
Further successes from consulting at www.oeh.ac.at/geschafft
