Guide for naturalisation applicants whose application is not being processed by the authority. As of: April 2026
Lawyer Helmer Tieben
Note: This article is for general information only and does not replace individual legal advice. Whether an action for failure to act is advisable in your case depends on the specific circumstances. Seek advice.
Two years. Some applicants for citizenship have to wait that long for a decision on their application. Some even longer. Emails to the authorities remain unanswered. No one can be reached by phone. The file is lying somewhere in a pile.
Legally, the naturalisation authority has three months to decide on your application. Three months. Not three years. If this period expires without a decision, you have a right: the action for failure to act under Section 75 of the Administrative Court Code (VwGO).
This article explains what a claim for failure to act is, when it is admissible, how the procedure works, what it costs, and why in most cases it leads to the authority suddenly making a decision.
A claim for failure to act.
The action for failure to act is not a separate type of action, but a special form of a claim for performance (§ 42 VwGO). It is filed with the administrative court if an authority does not decide on an application or objection, although it is obliged to do so.
In nationality law, this means: You have applied for naturalisation under Section 10 of the Nationality Act (StAG). The authority is not responding. You then file a lawsuit so that the court either obliges the authority to naturalise you (in the case of a claim to naturalisation) or at least forces it to make a decision.
The legal basis is § 75 of the Administrative Courts Code (Verwaltungsgerichtsordnung - VwGO): „If an objection or an application for the adoption of an administrative act has not been substantively decided within a reasonable period without sufficient reason, the action shall be permissible notwithstanding § 68.“
Prerequisites: When is the action admissible?
The action for failure to act has three requirements, all of which must be met:
1. Application made
You must have submitted a naturalisation application to the competent authority. The application is informal: it can be made in writing, orally, or by submitting the forms and documents. A mere request for an appointment or placement on a waiting list is not sufficient.
Important: The SAARLAND Higher Administrative Court has expressly confirmed in 2025/2026 that the deadline with the Receipt of Application begins, not only with a later appointment for an interview. Authorities that set the date of the personal appearance as the start of the deadline are acting unlawfully.
3-month period expired
The action may be brought at the earliest three months after the application is filed (§ 75 sentence 2 VwGO). According to the case law of the Federal Administrative Court, however, it is not the date on which the action is brought that is decisive, but the date of the court's decision (BVerwGE 23, 135). Therefore, the deadline must have expired by the time the court decides, at the latest.
Start date: When do the three months count from?
This is one of the most controversial questions. Some authorities claim that the deadline only begins when all documents have been submitted in full or when the applicant has attended in person. This is incorrect.
The Weimar Administrative Court has clarified in its order of 11 June 2024 (Ref. 1 K 135/24 We) that the three-month period begins with the Receipt of Application at the authorities. If the application is incomplete, the authorities must request missing documents (§ 25 VwVfG). If they do not do so, the deadline still runs. They cannot claim that the application was incomplete if they never raised the incompleteness themselves.
The Higher Administrative Court of Saarland (OVG Saarland) has also confirmed in several decisions in 2025 and 2026 (cases nos. 2 E 196/25, 2 E 181/25) that the start of the deadline is linked to the receipt of the application, not to a later personal appearance.
Therefore, document the day you submitted your application. A receipt confirmation, a registered letter with return receipt, or an online application confirmation will secure your proof.
Exception: If there are particularly urgent circumstances, the action may also be brought before the expiry of the three months. This may be considered, for example, if a residence permit is about to expire or if a professional decision depends on naturalisation.
3. No sufficient reason for the delay
The authority cannot rely solely on overload or staff shortages. The Higher Administrative Court of Münster has clarified that capacity bottlenecks are not a „sufficient reason“ within the meaning of Section 75 of the Administrative Procedure Act (VwGO). The authority is legally obliged to make a decision within a reasonable period. Organisational problems of the administration do not disadvantage the applicant.
Sufficient reasons can include: Missing documents that the authority has requested from you and has not yet received. An ongoing security check by intelligence agencies. Or a particularly complex situation (e.g., an unresolved identity). You can find more information on the requirements for identity verification in our article on Identity clarification during naturalisation.
The crucial point is: if the authority is in a position to make a decision but simply fails to do so, you have the right to take legal action.
Typical example
A Turkish national has been living in Cologne for seven years, works as an engineer, has B2 language skills, and has passed the naturalisation test. He will submit his naturalisation application with all supporting documents in January 2025. In April 2025, he inquires about the status. No response. In July 2025, he enquires again. Still nothing. In September 2025, his lawyer serves a notice of inaction. No reaction. In October 2025, an action for failure to act is filed. Three weeks after the lawsuit is served, the authority responds: The application is being processed. Four weeks later, he receives the naturalisation certificate. The authority bears all procedural costs.
This pattern repeats. Litigation is rarely a protracted process. It is a signal that compels the authority into action.
Does the three-month period also apply under the new naturalisation law?
Yes. That is one of the most frequently asked questions. Since the introduction of the Citizenship Law Modernisation Act in June 2024, naturalisation applications have risen sharply. Authorities are overwhelmed, and waiting times are soaring.
There were political initiatives to extend the deadline to six or twelve months. This did not happen. Neither the 2024 Modernisation Act nor the Sixth Amendment to the StAG of October 2025 contain a special provision extending the three-month deadline of § 75 VwGO for naturalisation proceedings.
The three-month period still applies unchanged. This also applies to applications submitted after 27 June 2024. You can find an overview of the new regulations in our article on new citizenship law.
Before you sue: The escalation stages
Not every case requires immediate legal action. There are intermediate steps that can lead to the desired outcome faster and more affordably in many cases:
- Status update request I would like to request an update on the processing status of my application. I would appreciate it if you could provide me with this information within two weeks. Please document this request and your response (or lack thereof).
- Complaint of supervisory oversight If the request for an update remains unanswered, you can contact the supervisory authority. This is not a formal appeal in the true sense, but it does create internal pressure. The complaint can be made informally and free of charge.
- Lawyer's letter of inaction notice: A letter from your lawyer, requesting the authority to make a decision within a deadline (e.g., four weeks). At the same time, it announces that an action for failure to act will be filed if the deadline passes without a decision. In our experience, this stage already leads to a decision by the authority in a significant proportion of cases.
- Action for failure to act If all preliminary stages have been unsuccessful, or if the three-month period has already been significantly exceeded, legal action is the next step.
This tiered approach is not mandatory. You can also sue directly after the three months have expired, without first making an inquiry about the status or Warning letter to send. But the preliminary stages are inexpensive, don't take long, and often resolve the problem.
Procedure for failure to act action
Step 1: Documentation
Before you file a lawsuit, you should meticulously document all correspondence with the authority: proof of receipt of the application, requests for status updates, replies (or lack thereof), and any warning letters from your solicitor. These documents form the basis of your statement of claim and provide proof that the authority has indeed remained inactive.
Step 2: Filing a lawsuit with the Administrative Court
The action shall be brought in writing before the competent administrative court (§ 81(1) VwGO). The administrative court in whose district the naturalisation authority is located is competent (§ 52 No. 5 VwGO). In Cologne, the Administrative Court of Cologne is competent.
The lawsuit must include: your name and address, the designation of the defendant authority, and the relief sought (a court order to naturalise you or to decide on your naturalisation application). It must be signed by hand (§ 81(1) sentence 1 VwGO). A preliminary procedure (objection procedure) is not required for an action for failure to act. In some federal states, including North Rhine-Westphalia, the preliminary procedure has been abolished for many administrative acts anyway.
There is no compulsory legal representation before the administrative court. Nevertheless, legal representation is advisable, as the wording of the claim and its justification determine success or failure.
Step 3: Delivery and authority's response
The court upholds the authority's claim and requests a statement. What happens next depends on the individual case:
| Variant | What's happening | Your situation |
| 1 | The authority summons you (or issues the requested decision) | The claim is declared settled. The authority bears the costs. |
| 2 | Authority rejects the application | The complaint can be continued as an action for specific performance. The court will review the rejection. |
| 3 | Authority cites sufficient reason for delay | The court may suspend the proceedings by setting a time limit. |
| 4 | The authority isn't responding at all. | The court obliges the authority to naturalise (in cases of entitlement to naturalisation) or to make a decision. |
Variant 1 is the most common outcome. The mere fact that a lawsuit has been filed creates enough pressure for the authority to finally act. In Cologne and many other cities, we regularly experience the authority processing the application within a few weeks of the lawsuit being served.
What happens following rejection during the process?
Variant 2 deserves special attention. Sometimes the authority reacts to the complaint by rejecting the application. This is not a setback, as you now finally have a decision to appeal against.
You can continue the claim as an ordinary action for performance and ask the court to review the rejection. Alternatively, you can declare the legal dispute settled (the authority bears the costs for the inaction) and proceed with an objection to the rejection. Which path is more sensible depends on the reasons for the rejection.
Complaint from the whole family?
If you applied for naturalisation together with your spouse and children, you can file a petition for failure to act for all family members at the same time. The costs increase as a result because the amount in dispute is calculated separately for each person (€10,000 per applicant). However, the lawsuit is possible for all family members in a single procedure, which limits the effort involved.
Challenging a decision or an action for failure to act?
With an inaction lawsuit, there are two claims to choose from. The difference is significant and is underestimated by many applicants (and some lawyers).
Decision-making complaint: „Make a decision at last!“
You are applying for the court to compel the authority to decide on your application at all. It is up to the authority to decide whether to approve or reject your application. The court is only examining whether the authority has been inactive, not whether you have a right to naturalisation.
Advantage: The reasoning is simpler. You don't have to demonstrate that all naturalisation requirements are met, only that the authority has not made a decision. Disadvantage: The authority can still refuse after the judgment.
Action for failure to act: „Make me a citizen!“
You are applying for the court to compel the authority to naturalise you. The court will then examine all substantive requirements (§ 10 StAG) and decide whether you are to be naturalised.
Advantage: You will receive a judgment that forces the authority to naturalise you. Disadvantage: The court will review the eligibility requirements at the time of its decision. If your circumstances have deteriorated in the meantime (job loss, criminal offence, expired residence permit), the lawsuit may fail.
What makes more sense?
In the case of naturalisation by entitlement under Section 10 of the Nationality Act (StAG), the action for a declaration of entitlement is the stronger route: the authority has no discretion; if the prerequisites are met, must The court can force you to become a citizen.
In the case of discretionary naturalisation (§ 8 StAG), the action for a decision is often the more realistic route: the court cannot dictate to the authority how it exercises its discretion, but only that it exercises it at all.
Your solicitor will tailor the application to your specific situation. Often, both legal aims are combined as alternatives: primarily an obligation to naturalise, alternatively an obligation to decide.
Costs of an inaction lawsuit
The costs are based on the value of the dispute. In naturalisation matters, the value of the dispute is usually €10,000.
| Cost item | Amount (approx.) |
| Court costs | 798 € |
| Legal fees (RVG) | 1.850 € |
| Total cost | approx. £2,650 |
Indicative costs based on RVG and GKG. Actual costs depend on the course of the proceedings.
Who bears the costs?
Herein lies the crucial point: if the authority could have made a decision but did not, it bears the costs. This also applies, according to § 161 (3) VwGO, if the authority rejects the application after legal action has been filed and you declare the action settled. The authority caused the inaction; it bears the consequences.
This means: If the lawsuit is successful, you will be reimbursed for your court costs and legal fees. The risk of costs for you only exists if the court dismisses the lawsuit, for example, because there was a sufficient reason for the delay or your naturalisation application was substantively unfounded.
Legal aid
If you cannot afford the costs, legal aid (PKH) may be considered under Section 166 of the Administrative Court Rules (VwGO) in conjunction with Sections 114 et seq. of the Code of Civil Procedure (ZPO). Prerequisites: financial need and a sufficient prospect of success for the action. In the case of an action for failure to act, where the authority has obviously not taken action for months, the prospects of success are generally good.
Warning: The court costs of €798 must normally be paid in advance before the court serves the claim. If you are granted legal aid, the advance payment requirement is waived. The legal aid application should therefore be submitted at the same time as the claim. If successful, you will be reimbursed for the costs by the authority, regardless of whether legal aid was granted.
When is legal action worthwhile, and when is it not?
The action for failure to act is not a panacea. It is a lever. And like any lever, it must be used at the right time.
When legal action is sensible
- The application has been with the authority for over three months, with no decision having been made or any comprehensible reason given for the delay.
- The authority is not responding to your requests or is repeatedly postponing them without a specific date.
- You are urgently in need of naturalisation (e.g. for professional reasons, upcoming elections, family planning, freedom of travel).
- All naturalisation requirements under Section 10 of the Nationality Act (StAG) are met: eight (or five) years of residence, secure livelihood, language skills, no prior convictions.
When you should be careful
- You have not submitted the requested documents. If the authority specifically asked you to submit certain documents and you failed to do so, they have a valid reason. But be warned: if the authority never requested further documents, they cannot later rely on incompleteness (VG Weimar, 11.06.2024, Ref. 1 K 135/24 We).
- Your professional situation has changed since you submitted your application (e.g., job loss). The court reviews the naturalisation requirements at the time of its decision, not at the time of the application. Without a secure livelihood, your claim may fail.
- A security review is underway. If the Office for the Protection of the Constitution has not yet responded, this is often considered sufficient grounds. The authority cannot then make a decision.
- A criminal or investigative procedure is pending. Investigations that are already underway may prevent naturalisation. More on this in our article about discontinued criminal investigations and naturalisation.
The honest bill: If all prerequisites are met and the authority simply fails to make a decision, legal action is almost always worthwhile. The costs are usually borne by the authority. The procedure takes a few weeks to months. And the result is a decision that you might not have received for years without legal action.
Urgent cases: Interim relief
What to do if you can't even wait for the outcome of the inaction lawsuit? For example, if a career opportunity depends on naturalisation, an election is approaching that you wish to participate in, or your residence permit is about to expire?
In such cases, an application for interim legal protection under § 123 VwGO is a consideration. This allows you to ask the administrative court to provisionally compel the authority, by way of an interim order, to process or even to grant naturalisation.
The hurdle is high. The court grants interim relief only if grounds for an injunction (particular urgency) and a claim for an injunction (high probability that the claim for naturalisation exists) are credibly substantiated. Anticipation of the main action (i.e. provisional naturalisation) is only ordered in absolute exceptional cases.
A more realistic resolution would oblige the authority to process the application within a short timeframe (e.g. four weeks). This is faster than a claim of inaction in the main proceedings and can be successful in cases where there are demonstrably urgent circumstances.
How long does the procedure take?
The range extends from a few weeks to a year. The most common course:
- Complaint filed, authority reacts quickly: In many cases, the authority decides within four to eight weeks after the lawsuit has been served. The court then only has to rule on costs. Total duration: two to three months.
- Authority cites reasons, court sets deadline. The court grants the authority a further period (e.g., three months). If the authority makes a decision within this period, the proceedings will end. Total duration: four to six months.
- Authorities not responding, chamber appointment required The court sets a hearing date. Verdict or settlement. Total duration: six to twelve months.
Important: The duration of court proceedings will be added to the existing waiting time. If you are already waiting for a decision for two years and then have to factor in another six months for legal proceedings, you will be looking at a total of two and a half years. The sooner you take legal action, the shorter your overall waiting time will be.
Naturalisation by Right (§ 10 StAG): What the Court Examines
If the court is to compel the authority to naturalise the applicant (and not merely to make a decision), the substantive requirements must exist at the time of the court's decision. In the case of a claim to naturalisation under Section 10 of the Residence Act (StAG), these are:
- Five (or three for special integration services) years of legal ordinary residence in Germany.
- Permanent right of residence or residence permit (settlement permit, EU Blue Card, certain residence permits according to §§ 18–21 of the Residence Act).
- Secure livelihood without social benefits.
- Sufficient German language skills (B1) and knowledge of the legal and social order (naturalisation test or equivalent).
- No conviction for an offence (note de minimis limits).
- Commitment to the free and democratic basic order.
- Clarified identity.
Since the 2024 reform, dual nationality is generally permitted. The previous obligation to renounce one's existing nationality no longer applies. You can find a comprehensive overview in our article on new citizenship law.
Checklist: Before Litigation
- Document application date: When was the application submitted? Is there a confirmation of receipt? The application is considered submitted as soon as it has been received by the authority.
- Check completeness: Are all requested documents available? Missing documents provide the authority with sufficient grounds.
- Collect correspondence: Gather all emails, letters, and notes from phone calls with the authority. Every unanswered request strengthens your position.
- Check naturalisation requirements Are all material requirements currently met? Specifically: secure livelihood, no new previous convictions, valid residence permit?
- Consult a lawyer A specialist lawyer for immigration law can assess the prospects of success and, if necessary, initially send a letter of default, which often resolves the problem without a lawsuit.
Frequently Asked Questions about Inaction Lawsuits for Naturalisation
Do I need a lawyer?
Legally, no. There is no mandatory legal representation in administrative courts (§ 67 VwGO). However, the correct wording of the statement of claim is crucial. An incorrect claim can lead to dismissal, even if the lawsuit would be justified on the merits. Since legal costs are reimbursed by the authority in case of success, the financial risk is manageable.
When can I sue?
At the earliest three months after the application is filed (§ 75 sentence 2 VwGO). In urgent cases (e.g., impending deadline), sooner. There is no upper limit: even if your application has been pending for two years, you can still sue.
How much will the lawsuit cost if I win?
Nothing. The authority bears all costs, including your legal fees. This is evident from § 161 Paragraph 3 VwGO and established case law.
What happens if the authority rejects it after legal action has been initiated?
Then you have two options: you can withdraw the lawsuit (the authority bears the costs for the inaction). Or you can continue the lawsuit as a claim for performance and have the court examine whether the rejection was lawful.
Is overload of the authority a sufficient reason?
No. Several higher administrative courts have confirmed this. Staff shortages, high numbers of applications, and organisational problems are internal administrative matters. They do not disadvantage the applicants.
How long does the procedure take?
Often a few weeks to months. In many cases, the authority reacts as soon as the lawsuit is served. If a hearing becomes necessary, it can take six to twelve months.
Can I also file a complaint for inaction regarding a settlement permit or residence permit?
Yes. The action for omission under § 75 VwGO applies to all administrative procedures in which the authority does not decide: naturalisation, settlement permit, residence permit, visa. The requirements are the same.
The difference between a *Bescheidungsklage* and a *Verpflichtungsklage* lies in what the applicant is seeking to achieve. A ***Bescheidungsklage*** (also known as an *Untätigkeitsklage*, or action for failure to act) is filed when an authority has not made a decision on an application within a reasonable timeframe. The applicant is suing to compel the authority to make a decision. A ***Verpflichtungsklage*** is filed when an applicant has applied for a specific administrative action (e.g., a permit, a licence) and the authority has either rejected the application or has failed to grant the requested action. The applicant is suing to compel the authority to grant the specific administrative action they applied for.
In a challenge to a decision, you are only seeking a decision from the authority. In an action for full performance, you are seeking naturalisation itself. For entitlement naturalisation (§ 10 StAG), an action for full performance is the stronger route, as the authority has no discretion. For discretionary naturalisation (§ 8 StAG), a challenge to a decision is often the only option.
Does the deadline only start when my application is complete?
No. The three-month period starts upon receipt of the application, not upon submission of all documents. The Administrative Court of Weimar confirmed this (order of 11.06.2024, ref. 1 K 135/24 We). If the authority does not request missing documents, the period still applies.
Does the lawsuit affect my relationship with the authority?
A understandable concern, but unfounded. The authority is bound by law and statute. A lawsuit is the exercise of a right to which you are entitled. Experience shows that a lawsuit speeds up the process without negatively impacting the substantive review.
Can I also submit the application online to start the deadline?
In some cities (e.g. Berlin) online submission is possible. The application is considered submitted as soon as it is received by the authority. Keep the confirmation. It serves as proof of the start of the deadline. In cities without online procedures, the application can also be submitted by post. Use registered mail with acknowledgement of receipt.
Do I have to pay the court costs upfront?
Fundamentally yes. The court usually only serves the claim once the court costs advance payment (€798 for a dispute value of €10,000) has been received. If legal aid is granted, the advance payment requirement is waived. If successful, the authority will reimburse the costs.
Your application for naturalisation has been pending for months? We can help.
We are assessing whether an action for failure to act is advisable in your case. Specifically, we will provide you with: An assessment of the prospects of success, taking into account your individual situation. A lawyer's warning letter to the authority, which in many cases already leads to a resolution. And if necessary: filing the lawsuit at the administrative court and representation throughout the entire proceedings.
Should the action be successful, the authority shall bear all costs.
