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Key Takeaways
- You can file a failure to act lawsuit if the immigration authority delays your application beyond the three-month deadline without a sufficient reason.
- Ensure that you are not responsible for your application’s delay. Review the completeness and accuracy of your application. Also, gather evidence of your correspondence with the immigration authority to support your complaint.
- If the lawsuit is successful, the immigration authority will be required to speed up your application process. They may also be required to reimburse the costs of your legal proceedings.
- If the lawsuit is unsuccessful, you can resubmit your application, file an appeal, or explore other legal options.
This is how you do it
- Assess the completeness of your application and documents.
- Ensure the three-month waiting period has passed.
- Consult an immigration lawyer about filing a failure-to-act lawsuit.
- Prepare relevant documents and submit a statement of claim to an administrative court.
- Pay the court fees and wait for the outcome of your “failure to act” lawsuit.
Table of Contents
What is a “failure to act” lawsuit in Germany?
A “Failure to act” lawsuit (Untätigkeit Klage) is a provision in German law that allows residents to sue public authorities if they delay the processing of an application without good reason.
The most common use case for a “failure to act” lawsuit nowadays is accelerating your German citizenship application.
Why should you know about the “failure to act” lawsuit in Germany?
Processing times for resident permits and German citizenship applications have grown significantly in recent years. This is because of
- staff shortages and
- an increased number of applications.
Moreover, the reform in the naturalization law in 2024 eased the eligibility criteria for obtaining German citizenship, which increased the number of German citizenship applications further.
Currently, the processing time for German citizenship and resident permit applications is between 6 and 24 months. No one has to accept such delays without a good reason.
Thus, experts recommend filing a failure-to-act lawsuit against the public authority handling your application. This legal action compels the respective office to speed up the processing and decision of your application.
The legal basis for this can be found in Section 42 of the Administrative Court Act.
What are the court and legal fees for filing the lawsuit for failure to act in Germany?
The legal costs in Germany comprise of
- Court fees
- Lawyer fees (if you hire one)
- Document procurement and translation
The table below summarizes the costs of filing a lawsuit for failure to act in Germany.
| Service | Fee |
| Court costs | €798 (delay in naturalization application) €483 (delay in settlement permit application) |
| Lawyer fees (if you hire a lawyer) | €1300 to €4,000 |
| Document translations | €45-110 per document. You can use Translayte* to book a sworn translator to translate your documents. |
If other family members also file a lawsuit, they’ll pay a separate court fee. Other potential costs include fees for obtaining documents and their copies.
Consult an Immigration Lawyer
- An immigration lawyer can help you accelerate your German citizenship application.
- The lawyer can file a lawsuit on your behalf.
- You can clarify your doubts regarding German citizenship.
Things to check before filing the “failure to act” lawsuit in Germany
Suppose you have submitted your application for German citizenship by naturalization or residence permit. Your application and documents are complete and accurate. Yet, you are waiting for more than three months for a decision on your application.
In this situation, you can file a “failure to act” lawsuit against the immigration office. The legal basis can be found in Section 75 of the Administrative Court Act.
However, you should do or check the following before filing the lawsuit.
- Ask in writing about your application status or file a complaint to the immigration authority.
- It’s been over three months since the immigration office received your application. The law requires a three-month waiting period for the immigration authority to decide on your application. You can file a lawsuit once the waiting period is over. If you file the lawsuit before the waiting period, the court will dismiss it.
- What is the reason for the delay? The decisive factor in the “failure to act” lawsuit is the reason for the delay in application processing. If the delay is due to the fault of the public authority, they must take responsibility.
- Get legal advice from an immigration lawyer.
Valid and invalid reasons for delay in application processing
Here are some examples where the court holds the public authority responsible for the delay. The delay is caused due to
- a lack of staff,
- time constraints,
- work overload, etc.
The reason is that it’s the authority’s responsibility to handle such situations.
Here are some examples where the court DOESN’T hold the public authority responsible for the delay. The delay is caused due to
- The complexity of your case
- Incomplete application requirements
- Failure to fulfill your obligation to cooperate
- Legal reforms causing delays in processing
- Involvement of third parties, such as security authorities
Advantages of consulting an immigration lawyer
- The lawyer can handle the communication with the court and the public authorities professionally.
- Immigration lawyers have experience handling such cases and can better assess your winning chances.
- The immigration lawyer will ensure you meet all the requirements for filing the lawsuit.
- If your lawsuit is rejected, the lawyer can help you appeal against the decision or find other solutions.
You can book the services of an immigration lawyer we recommend. The lawyer is competent and charges a competitive flat rate. Moreover, if you have legal insurance, it’ll cover your legal costs.
In our comparison and test, we found that Arag*—Aktiv-Premium, WGV—Optimal PBV, and KS-Auxilia*—Jurprivat are the best legal insurance plans.
Unfortunately, no legal insurance provider in Germany offers services in English. Insurance agents like Feather* and Getsafe* offer basic English support. However, when you need legal advice, you must contact the insurance company, which only offers advice in German.
Feather and Getsafe sell Roland’s legal insurance plans.
Arag Legal Insurance
- Rated best legal insurance by the top rating agencies in Germany
- Biggest legal insurance provider in Germany
- Free legal consultation
- Offers comprehensive legal coverage
KS/Auxilia Legal Insurance
- Rated best legal insurance by the top rating agencies in Germany
- Free legal consultation
- Offers comprehensive legal coverage
Feather Legal Insurance
- Legal insurance policy starting from €13.51 per month
- Free legal consultation
- English customer support
- Insurance agent and sells Roland’s legal insurance policy
NOTE: Top rating agencies in Germany rated Arag—Aktiv-Premium, WGV—Optimal PBV, and KS / Auxilia—Jurprivat as the best legal insurance plans in Germany.
How do you file a lawsuit for “failure to act” in Germany?
First, you don’t need a lawyer to file a “failure to act” lawsuit. However, it’s recommended that you hire one.
You can hire the immigration lawyer we recommend. They are competent and charge a reasonable fee.
Consult an Immigration Lawyer
- An immigration lawyer can help you accelerate your German citizenship application.
- The lawyer can file a lawsuit on your behalf.
- You can clarify your doubts regarding German citizenship.
Gather relevant proof of communication with the immigration authority
This includes
- Acknowledgment receipts
- Follow-up inquiries
- Documentation of your application’s status.
- Proof that the prescribed processing time (3 months) has already passed.
- Copy of your naturalization or settlement permit application (optional).
Prepare the statement of claim (Klageschrift) for failure to act
The complaint must be submitted as a written pleading or statement of claim (Klageschrift). It should include all the details and evidence relevant to the case. These include:
- Designation of the parties. Identify the plaintiff (you) and the defendant (the immigration or foreigner’s office).
- Designation of the court. Identify the court who will handle the case.
NOTE: The administrative court who will receive your claim must have jurisdiction for your place of residence.
- Grounds for the claim. State the reasons for filing the lawsuit, such as the “failure to act” (Untätigkeit in German).
- Explanation of the facts. Provide a detailed account of the situation with supporting evidence. Include the proof you have collected earlier. Ensure that the evidence of the receipt of your application and the unreasonable delay of your application is attached to the statement of claim.
- A well-defined petition. Specify the action you are requesting from the court.
Submit the statement of claim to the administrative court
There are several ways to submit a statement of claim (Klageschrift) to the administrative court, including:
- Sending it by mail directly to the competent court.
- Visiting the court office to file or dictate your complaint in person.
- Hiring a lawyer to prepare and file the lawsuit on your behalf.
What happens once you have filed a “failure-to-act” lawsuit against the immigration office?
Here is what you can expect once you file the complaint/lawsuit.
- You’ll get a letter (usually within a week) from the court stating that they received your “statement of the claim.”
- You must pay the court fees to move the case forward. You can opt to pay it in full or in installments.
- The administrative court asks the immigration authority why your application is delayed. Typically, the court gives the public authorities four weeks to respond.
- Depending on the immigration authority and your application, one of the following may happen:
- Cooperation from the authority: If the authority is willing to cooperate and your case has a high chance of success, you may eventually receive a naturalization appointment.
- Resistance from the authority. If the authority is uncooperative, additional documents will be exchanged between them and your lawyer. Eventually, an oral hearing in court may be required.
- Settlement. At times, both parties settle before the court issues a ruling.
- Court ruling. The court will issue a ruling if no agreement between you and the authority is reached.
How long the “failure to act” lawsuit may take to conclude?
Based on the experience of one of our readers, we have created a typical timeline for hiring a lawyer and getting a German naturalization appointment here.
The following factors affect how long it may take until your lawsuit is concluded.
- How cooperative is the immigration authority?
- The court’s workload.
- Your case’s details and complexity.
- The level of seriousness with which the judge handles the case.
- Particular urgency is also considered as a valuable factor for wanting a speedy decision (Federal Administrative Court (BVerwG) of July 11, 2018 – 1 C 18.17).
The time to conclude a standard “failure to act” lawsuit is usually 1-2 months. On the other hand, complex ones may take 6-12 months or longer.
What happens if the “failure to act” lawsuit is successful?
- The immigration authority must decide on your German citizenship or settlement permit application within a specified timeframe.
- If you have fulfilled all the requirements and there are no reasons for rejection, your application could be approved right away.
- You can file a claim against the immigration authority to reimburse the legal fees you incurred (Section 154 of the Administrative Court Act).
What happens if the “failure to act” lawsuit is unsuccessful?
If you lose the “failure to act” lawsuit, you should review the court’s explanation. There are cases when formal errors or missing documents caused the rejection.
Here is what you can do if you lose the lawsuit.
- Resubmit the application. Suppose the reason for rejection was related to incomplete or incorrect documents. In this case, you can correct or complete the required documents and resubmit the application.
- Appeal the decision. You can file an appeal if you think the ruling was unjust. Consulting an immigration lawyer can provide you with guidance through legal matters. Here’s a link to the services of an immigration lawyer we recommend.
- Explore other legal steps. An immigration lawyer may also help you find alternative legal actions suitable for your case.
FAQ
Can you file a “failure to act” lawsuit without a lawyer?
Yes, you can file a lawsuit for failure to act without hiring a lawyer. However, it’s recommended to hire or at least consult an immigration lawyer.
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