Federal Education Support Law in the
Version of Official Announcement of June 6, 1983
(BGBl. I S. 645, ber. S. 1680)

as last amended by the taxyear law of 1996 (JStG 1996)
of October 11, 1995 (BGBl. I S. 1250)

Section II
Personal Preconditions

8 Citizenship

(1) Higher education student financial aid is afforded

1. Germans according to the Constitution,

2. stateless foreigners according to the law on the status of stateless foreigners in the federal boundaries of 25 April 1951 (BGBI. I S.269), as last amended by Article 4 Nr. l of the law of 13 June 1980 (BGBI. I S. 677),

3. foreigners who have their ordinary residence in Germany and are recognized as entitled to asylum under the Asylum Procedures Act,

4. foreigners who have their ordinary residence in Germany and are recorded refugees under Sec. 1 of the law governing humanitarian charity measures of 22 July 1980 (BGBI. I S.1057), as last amended by Article 5 of the law of 9 July 1990 (BGBI. I S. 1354),

5. foreigners who have their ordinary residence in Germany and by reason of the agreement of 28 July 1951 on refugees' legal status (BGBI. 1953 II S. 559), or by reason of the protocol of 31 January 1967 (BGBI. 1969 II S.1293) on refugees' legal status outside the Federal Republic of Germany, are recognized as refugees and are entitled to reside in Germany on more than a temporary basis,

6. foreigners who have continuous residence in Germany, if a parent, according to the Constitution, is German,

7. students who, according to the residence laws of the Eurpoean Union, are considered unattached children or children entitled to remain in Germany,

8. students who are citizens of another European Union member country, or of a country in the European common market area with which there is a treaty, and who, before their enrollment, have existing employment in Germany that is fundamentally related to the activity and object of their education.

(2) Other foreigners are afforded student financial aid if

1. they themselves, before the beginning of their higher education financial support period, both resided in Germany five years and were lawfully employed or

2. at least one parent, during the last six years prior to the beginning of the higher education financial support period, both resided in Germany for three years and has been lawfully employed, if from the point of the remaining time during the financial support period the preconditions are met. The preconditions are also considered fulfilled for one further period, if the student in the preceding period has acquired admission and begins the period forthwith. The requirement that one of the parents be employed during the last six years can be dispensed with, if the reason for the work not being performed is not given but the parent has been employed a minimum of six months in Germany.

(3) Statutory and administrative provisions affording higher education support to other foreigners remain unaffected.