Planning to study in Germany can be exciting, but the financial requirements might seem daunting for many international students. One essential step to ensure a smooth visa process is securing a declaration of commitment, a formal assurance that a third party will cover the student’s financial needs during their studies. This guide will walk you through everything you need to know about the declaration of commitment and why it’s crucial for student visa applications in Germany.
What Is a Declaration of Commitment?
A declaration of commitment (Verpflichtungserklärung) is a legal document that obligates a third party—be it an individual, company, or organization—to cover a student’s expenses while they study in Germany. By signing this declaration, the guarantor takes on financial and legal responsibility for the student, ensuring they have the means to support themselves during their stay.
This document is particularly important for international students, as it provides proof of financial security to German authorities, facilitating the visa process.
Why Is a Declaration of Commitment Necessary for Students?
Many universities in Germany require international students to show proof that they can support themselves financially. This ensures that the student can focus on their studies without the risk of financial hardship, which could otherwise lead to issues with residency status. If a student cannot provide this proof themselves, a guarantor is required to sign a declaration of commitment.
This declaration is not only important for universities but also for immigration authorities, as it assures them that the student has reliable financial backing.
How to Apply for a Declaration of Commitment: A Step-by-Step Guide
Securing a declaration of commitment involves several important steps. Here’s a breakdown of what the process entails:
- Gather the Necessary Documents (Guarantor) The first step is for the guarantor to collect all relevant documents. These may include:
- Proof of income (wage slips, bank statements)
- Tenancy agreement and proof of housing
- Health insurance documentation for the student
- Pension statements (if applicable)
- Identification documents such as a passport or ID card
It’s also essential to provide evidence of residency in Germany, including confirmation of registration and possibly a letter from the landlord.
- Documents from the Student The student must provide a copy of their passport and proof of admission to a German university. These documents are crucial for the student’s visa application and must be valid and up-to-date.
- Document Review and Verification Before submitting the documents, both parties should review them carefully. This includes checking all forms for accuracy and consulting with a legal expert to ensure all legal obligations are understood.
- Submission to the Foreigners’ Office The documents are then submitted to the local Foreigners’ Office (Ausländerbehörde). It’s important to note that the declaration of commitment is only valid for six months, so timing is essential. Make sure to plan ahead, considering the time needed to secure an appointment and the processing time.
- Decision by Authorities Once the application is submitted, the authorities will assess whether the guarantor has sufficient financial means to support the student. If approved, the student can then use the declaration as part of their visa application.
Who Can Provide a Declaration of Commitment?
Not everyone is eligible to sign a declaration of commitment. The guarantor must meet specific requirements, which vary by region. Here are some general guidelines:
- Private Individuals: To qualify, a private guarantor must live in Germany and have sufficient creditworthiness. Generally, this means having a net income of at least €1,265 per month or savings of €15,180. The guarantor is financially responsible for the student for five years, even in cases of deportation or other legal issues.
- Companies: Businesses operating in Germany can also issue a declaration of commitment, particularly if they plan to employ the student after graduation. The company will then be financially responsible for the student throughout their studies.
- Organizations: Non-governmental organizations or other institutions can also act as guarantors, provided they meet the same financial requirements.
Who Cannot Provide a Declaration of Commitment?
Certain individuals and entities are not eligible to sign a declaration of commitment, including:
- Beneficiaries under the Asylum Seekers’ Benefits Act or recipients of unemployment or welfare benefits (SGB II or SGB XII)
- Holders of temporary or short-term residence permits, such as visas for visitors
- Individuals still in a probationary period at work
These restrictions ensure that the guarantor is financially stable and can fulfill their obligations for the full duration of the student’s stay.
How Does a Declaration of Commitment Affect the Visa Application?
The declaration of commitment plays a critical role in the visa application process, as it guarantees the student’s financial security. Without this assurance, it’s unlikely that a visa will be granted. The document demonstrates to the German authorities that the student has the necessary funds to cover their stay and that the state won’t be burdened with their financial support.
Legal Support for the Declaration of Commitment Process
Given the complexities and long-term financial implications, it’s highly recommended to seek legal advice when applying for a declaration of commitment. Immigration lawyers can help ensure that all forms are correctly completed and provide guidance throughout the process. They can also advise on the risks involved, such as the financial liability for the guarantor, which lasts for five years.
At Jaberi Lawyers, we specialize in immigration law and are ready to assist with your declaration of commitment. Whether you’re a guarantor or a student, our experienced team can guide you through every step of the process, ensuring a smooth and successful application.
Risks and Responsibilities
Before committing to this arrangement, it’s essential to understand the risks. A declaration of commitment comes with both financial and legal responsibilities. For the entire five-year period, the guarantor is liable for the student’s financial situation. In the event of any criminal activity or deportation, the guarantor may also be responsible for additional costs incurred by the state.
