Visa delayed in Germany? Here are legal actions to take against the immigration office

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Waiting forever for your visa decision in Germany? You’re not alone. Many expats find themselves stuck in limbo while the immigration office (Ausländerbehörde) takes months (sometimes longer) than it should to process their visa application. That kind of delay can seriously affect your life, job, studies, and peace of mind.

But here’s the good news: you don’t have to just sit and wait. There’s a legal way to push the German immigration office to take action and it’s totally within your rights to do so.

In this guide, I’ll walk you through how to use a lawyer to file a “Verpflichtungsklage” or ” “Untätigkeitsklage” (a type of lawsuit) to get the immigration office to finally make a decision on your visa. No legal background needed: just a little patience and the right support.

If you still have questions, feel free to ask in the comments section. I answer each one of them personally.

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Bastien – Settle in Berlin

What to do if your visa is taking too long and you want to take legal action

Step 1: Wait a reasonable amount of time

According to § 75 of the Verwaltungsgerichtsordnung (VwGO) (the German Administrative Court Procedure Ac), if the German immigration office (Ausländerbehörde) does not decide on your visa application within a “reasonable time”, you are legally allowed to take action. The law states:

“Is an administrative act not issued within a reasonable period without sufficient justification, a lawsuit for the issuance of the act may be brought six months after the application has been filed.”
(§ 75 Satz 2 VwGO)

In most cases, six months is considered the limit for “reasonable time,” but depending on the type of visa, action can sometimes be taken even sooner, especially if delays are clearly excessive or unjustified.

If it’s been longer, and you haven’t received any meaningful updates, you can consider legal action.

Step 2: Contact a lawyer

Step 3: Let the lawyer send a formal warning (reminder)

  • The lawyer will first send a “reminder letter” (Erinnerungsschreiben) to the immigration office.
  • This letter asks them to process your application quickly and warns that legal steps will follow otherwise.
  • This is often enough to speed things up.

Step 4: File a “Verpflichtungsklage” or “Untätigkeitsklage“

  • If the reminder doesn’t help, the lawyer will file a “Verpflichtungsklage” or a “Untätigkeitsklage” with the local administrative court (Verwaltungsgericht).
  • This is a lawsuit to force the immigration office to make a decision, as they have an obligation to give an answer fast, and they have a liability if they don’t.
  • You’re not suing to get approved – you’re just suing to get a decision, whether it’s yes or no.

Step 5: What happens after filing

  • The court contacts the immigration office and asks them to respond.
  • In many cases, the office processes your visa to avoid going through the full court process.
  • If the court proceeds, your lawyer will handle all paperwork and represent you.

Costs & timeline involved

Going this route is not easy. It’s often a last resort because the consequences of not getting that visa is simply life-altering. It comes with costs:

  • A lawyer may cost between €500-€1,500, depending on complexity. It costs less to only send a reminder letter than to go to court.
  • The court will typically not charge high fees for this type of case but expect several hundred euros.
  • If your case goes to court and you win, the immigration office will have to pay for those fees. However, the court does not have to bear the costs if there was valid reason for the lack of action and you should have known about it. Fortunately, administrative courts do not accept time shortages, staff shortages or a high number of applications as a valid justification for such long waiting times.
  • If your case stops before going to court, you will have to pay all costs yourself.

This is what you can expect in terms of timeline:

  • Reminder letter response: within a few weeks.
  • Court process: usually 2 – 4 months.
  • Many cases are resolved before the court gives a final ruling.

What if the case in unsuccessful?

If the lawsuit is unsuccessful (meaning the court does not force the immigration office to decide or rejects your claim) here’s what happens and what you should consider:

You can appeal

You can appeal but it depends on the reason the case was dismissed. Your lawyer will assess whether an appeal is possible or worthwhile. Appeals can take several additional months, so it’s a strategic decision.

Will it affect your visa chances?

No, it won’t hurt your visa chances. Filing a Verpflichtungsklage is a legal right under German law, and courts do not pass judgment on whether your visa should be approved-only on whether a decision must be made.

The immigration office cannot reject your visa just because you sued. However, make sure all your documents are in order and submitted correctly.

Notes and tips

  • Keep all emails, letters, and appointment confirmations from the immigration office.
  • Save proof of when you applied and what documents you submitted.
  • Don’t wait too long: it’s okay to take legal steps if you’ve waited several months with no updates.

Remember, you’re not asking for special treatment: just for your application to be reviewed fairly and on time. Don’t let bureaucracy keep your life on hold longer than necessary. If you’ve waited long enough, it’s time to take the next step and make things happen.

I hope this short guide on how to speed up visa processing and taking legal action against the immigration office was useful. Let me know if you have questions in the comments’ section.

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