Working more than the yearly limit as a foreign student in Germany
<p>As a foreign student in Germany, one has a 120-full-days or 240-part-days work limit during the year.</p>
<p>From my personal experience so far, I have also noticed (thought might be wrong) that some laws about foreigners not only depend on one's city but are moreover even open to interpretation by the foreigner's office. In other words, one can observe different behaviors for equal/similar cases.</p>
<p>After an inquiry I was told that the main point behind this law was for the student to focus on his studies and the important bit was that the student made progress in his studies.</p>
<p>My question now is, assuming the study process doesn't get harmed, would there be any consequences if one exceeded this limit? For instance if you surpass it to 130-full-days, what could happen?</p>

<p>The DAAD has published a summary of the legal constraints when working as a foreign student in Germany. While the document is only available in German, it is complete and rather authoritative. I summarize the main points here.</p>
<p>On a student visa, you are eligible for 120 full days or 240 half days in accordance with §16b (3) AufenthG. This is a legal constraint. It is not up to interpretation. Only mandatory internships constitute a right to further work.</p>
<p>In individual cases, the Ausländerbehörde (foreign registration office) can grant authorization for additional work. The authorization will only be granted if the extra work will not jeopardize the purpose of your stay in Germany, which is studying full-time. In particular, work in a study-related job such as a student assistant will generally be eligible for an extension. This is up to the judgement of the office. Thus, there can be differences between different cities.</p>
<p>If you intend to surpass the 120/240 day limit, you must get prior authorization. You are otherwise violating the conditions of your visa, which can result in fines and deportation. Additionally, no upstanding employer wants to provide illegal work as they would be subject to penalties themselves.</p>
<p>Links:</p>
<ul>
<li>DAAD guidance on working in Germany (German): <a href="https://static.daad.de/media/daad_de/pdfs_nicht_barrierefrei/in-deutschland-studieren-forschen-lehren/daad-infoblatt_erwerbstaetigkeit.pdf" rel="noreferrer">https://static.daad.de/media/daad_de/pdfs_nicht_barrierefrei/in-deutschland-studieren-forschen-lehren/daad-infoblatt_erwerbstaetigkeit.pdf</a></li>
<li>§16b AufenthG (English): <a href="https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0275" rel="noreferrer">https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0275</a></li>
</ul>

germany workplace students