Action for failure to act in naturalization – If authorities do not act, you can take action
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Action for failure to act in naturalization – How you can take action against the authorities’ inaction
Months of waiting for a naturalization application are an enormous burden for many – they affect not only the applicant, but often the entire family as well. Without a decision from the immigration authorities, important areas of life such as family reunification, career prospects, freedom of travel, and long-term planning remain on hold.
Especially with applications for German citizenship, the process can drag on for months without any response. This uncertainty causes psychological pressure and can lead to existential anxiety.
But you don't have to accept this inaction. After three months without a decision, you have the right to file a complaint of inaction with the administrative court. Such a complaint puts the authority under pressure and obligates it to decide on your application.
Get advice from our specialized immigration lawyers and learn how you can enforce your rights and end the standstill by filing a lawsuit for failure to act.
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3What should I do if the immigration authorities do not respond?
Understand and act on your rights
Long wait times at the immigration office are not uncommon for many applicants – whether for extending a residence permit, a settlement permit, or naturalization. But what do you do when the wait becomes a burden?
Weeks and months without a response often mean more than just bureaucratic hassle: Your future, your family, and your livelihood are at stake. The uncertainty about when and if a decision will be made at all leads to frustration, stress, anxiety, and sleeplessness for many affected – especially if previous experiences with the authorities have already been problematic.
This situation is not only stressful, but also legally impermissible. Because you have the right to a prompt decision. If the authority remains unresponsive for more than three months, you can challenge the inaction with an action for failure to act before the administrative court and force the authority to make a decision.
Our experienced immigration lawyers will support you in enforcing your rights, overcoming the deadlock, and creating clarity. Contact us now for a free initial assessment – we'll help you stay on track.
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Long processing times for naturalization and residence – the responsibility lies with the authority
Many applicants experience it again and again: applications for residence permits, settlement permits or naturalization remain unanswered at the immigration authorities for months – it is not uncommon for it to take a year or more before a decision is made.
The causes? Staff shortages, overload, and rising application volumes. But it's clear to those affected: These self-inflicted problems of the agency must not be their responsibility. Overburdening agencies and internal bottlenecks are not legally acceptable reasons for long or even excessive processing times.
The courts also see it this way:
The Aachen Regional Court (decision of October 5, 2005 – 4 O 38/04) ruled clearly: Staff shortages or inactivity do not lead to proper administrative proceedings and constitute a breach of official duty.
The Higher Administrative Court of Bautzen (decision of 14 February 2023 – 3 E 2/23) also ruled: Even permanent overload or normal absences due to illness must not be to the detriment of the applicants and are not sufficient reasons for delays.
Conclusion: You do not have to accept the authorities’ inaction
If the immigration authorities try to excuse delays by citing internal issues, you should take action. Filing an action for failure to act with the administrative court can expedite the process and oblige the authorities to make a decision.
Our immigration lawyers will advise you individually, assess your chances of success, and enforce your rights. Schedule a consultation now – we won't let inaction become your problem!
What is an action for failure to act?
Your legal options in the event of excessively long proceedings
The action for failure to act is an effective legal tool for applicants whose requests remain unanswered by an authority—such as the immigration authority—for an extended period of time. It is enshrined in Section 75 of the Administrative Court Act (VwGO) and serves to legally enforce the processing of delayed applications.
Typical cases in which an action for failure to act can be brought include, among others, where naturalisation, a residence permit or a settlement permit has been applied for but the authority does not respond within three months, or where an objection has been lodged against an administrative decision but no decision is made within a reasonable period of time.
The goal of the action for failure to act is to compel the authority before the administrative court to process the application. This can be done either by granting the application in so-called discretionary cases or by requiring naturalization in so-called entitlement cases. If the application is granted, the judgment can also be enforced by force, for example, by imposing fines on the authority. Excuses such as staffing shortages are not considered legally acceptable justifications.
An action for failure to act creates momentum in the process, as involving the court also involves the authority's litigation department, which often leads to faster processing. While there is no guarantee of a positive decision from the authority, you no longer have to sit idly by. With careful preparation by an experienced immigration lawyer, the action can be filed safely, effectively, and without unnecessary risk.
A lengthy procedure isn't a matter of fate, but a problem you can resolve legally. If the immigration authorities remain silent, an action for failure to act can help you finally gain clarity. Our immigration law attorneys will provide you with comprehensive advice – contact us now and receive advice on your action for failure to act!
Requirements for an action for failure to act
When you can sue the authority
An action for failure to act is an effective means of taking action in cases of excessive processing times by the immigration authorities or other authorities. However, for the action to be admissible and likely to be successful, certain requirements must be met.
First, a formal application must be submitted, for example, an application for naturalization, an application for a residence permit or settlement permit, or an appeal against an official decision. An application by email or in writing is generally sufficient; an oral application is not recommended. It is important that you always obtain a confirmation of receipt to verify receipt of the application.
Furthermore, a reasonable processing period of three months must have elapsed. According to Section 75 of the Administrative Court Code (VwGO), the authority must generally make a decision within three months. Only then is an action for failure to act admissible. The decisive factor here is the time of the court decision, not the filing of the action. However, there are exceptions, for example, in particularly urgent proceedings, such as the extension of a residence permit when a deadline is imminent. In such cases, an action can be filed even before the expiration of the three-month period. Likewise, a refusal to process or accept the application by the authority justifies the immediate filing of an action.
Furthermore, the processing time must not be justified by legitimate objective reasons. Administrative courts will accept reasons such as missing documents, complex cases, the involvement of other authorities (e.g., security authorities), or extensive audits. However, staff shortages, internal overload, or a high volume of applications are not accepted.
Important: A claim for failure to act is only admissible if the authority has not yet actually made a decision. If a decision has already been made during the proceedings, the claim is automatically dismissed. In this case, the court only decides on the procedural costs.
If the immigration authorities remain inactive, you should actively protect your rights by filing a lawsuit for failure to act. Our specialized immigration lawyers will carefully review your case and advise you on the opportunities, risks, and next steps. Contact us now for a personalized consultation – we will help you take legal action against delays!
Important considerations before filing a claim for failure to act
Before filing an action for failure to act pursuant to Section 75 of the Administrative Court Code (VwGO), you should consider a few important steps to avoid unnecessary risks and maximize your chances of success.
Although it is possible to file a claim for failure to act without a lawyer, it is advisable to consult an experienced immigration lawyer. They will first check whether all formal requirements have been met, such as a complete application and the expiration of the three-month deadline. They will also assess whether there is a genuine entitlement to naturalization, thus minimizing the risk of the claim being dismissed and the costs being borne. Furthermore, the lawyer can send the authority a warning in advance, which often results in a faster decision by the authority – without the need for a lawsuit. A professional warning letter signals to the authority that you are aware of your rights and will enforce them in court if necessary.
However, filing a lawsuit too early without thoroughly reviewing the requirements risks having the lawsuit dismissed. This can happen if the application is incomplete, the three-month deadline has not yet expired, or there is no legal entitlement to naturalization. A dismissed lawsuit usually results in costs for the applicant.
Before filing a lawsuit for failure to act, seek advice from our immigration lawyers. We will assess your options, handle communication with the authorities, and guide you through the process with legal certainty. Schedule an initial consultation today – we will fight for your rights!
How much does a lawsuit for failure to act in the naturalization process cost?
An action for failure to act is an effective means of combating long processing times in the naturalization process. Applicants should be fully aware of the costs involved and realistically assess them.
Court costs for actions for failure to act depend on the value in dispute, which in naturalization cases is typically €10,000. This currently results in court costs of €798. It is important to note that the value in dispute, and thus the court costs, increase if additional family members are involved in the lawsuit.
If you hire an immigration lawyer, you will also incur legal fees. These are based either on an individual fee agreement or on the statutory standard fee, which is also based on the value in dispute.
The good news: If your action for failure to act is successful, the authority must cover both the court costs and the legal fees.
Before filing a claim for failure to act, it is advisable to have an experienced attorney assess your chances of success. This can help avoid unnecessary costs that could arise if the claim is dismissed.
Our specialized immigration law attorneys will provide you with transparent information about the costs, opportunities, and risks of a failure to act lawsuit and will guide you safely through the entire legal process. Get a free, no-obligation consultation now – we can help you expedite your naturalization process!
Conclusion: Action for failure to act in naturalization – your rights against administrative delays
Long processing times are a common problem, especially with naturalization applications, which often remain unprocessed for months or even years. For those affected, this often means great uncertainty and existential stress. However, reasons such as staff shortages or high caseloads do not justify such delays.
Before filing a claim for failure to act, you should first contact the authority in writing to remind them of your request, set a reasonable deadline, and seek legal assistance if necessary. Often, a professional letter alone can expedite the authority's decision.
If the authority continues to fail to act, an action for failure to act under Section 75 of the Administrative Court Code (VwGO) offers an effective means of enforcing a decision. Such an action can be filed if an application or objection remains unprocessed after three months without a substantive justification.
For a successful action for failure to act, certain requirements must be met: The application or objection must be valid, the processing period of at least three months must have expired, and there must be no objective reasons, such as missing documents or complex review procedures. If the action is successful, the authority must cover both the court costs and legal fees at the statutory rate.
Our experienced immigration lawyers will advise you individually on your action for failure to act in the naturalization process, assess your chances of success, and represent you before the authorities. Schedule your initial consultation now – we'll get your process moving!
Your immigration lawyers will help you if the authorities remain silent
Months of inactivity by the immigration authorities or other competent authorities is often not only exhausting for applicants, but also a real burden on their existence. Whether it's in the case of naturalization, the extension of a residence permit, or in the context of an appeal procedure – if the authorities fail to make a decision, life plans, family reunification, and career prospects are jeopardized.
But you don't have to simply accept this. With the action for failure to act under Section 75 of the Administrative Court Code (VwGO), you as the applicant have an effective tool to compel the authority to make a decision before the administrative court.
Our specialized immigration law attorneys will provide you with comprehensive support by assessing the prospects of success of your action for failure to act, issuing a prior legal warning to the authorities, and setting a deadline if necessary. Should legal action be necessary, we will file and represent you in your action for failure to act before the administrative court and will accompany you until the authority makes its final decision.
A claim for failure to act can be legally complex, which is why it's important to consult a lawyer. We'll ensure your claim is complete and accurate, no grounds for action are overlooked, and you avoid cost risks while maximizing your chances. If the claim is successful, the authority will cover all court costs and legal fees.
Our experienced immigration lawyers know how stressful long waiting times can be. We enforce your rights – quickly, effectively, and reliably. Contact us now for a personal initial consultation on your action for failure to act – we'll get your case moving!
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