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After receiving an application for a residence title or visa, the foreign citizens’ authority or embassy does not have an unlimited amount of time for its decision. It actually has no more than three months to decide on an application for a residence title or visa.
What can I do if the foreign citizens’ authority fails to decide on an application?
In most cases, an application for a residence title has a fictitious effect. This means that the applicant is permitted to stay until a decision is reached by the foreign citizens’ authority. Nevertheless, the foreign citizen has an interest in the authority deciding swiftly on the application. After three months, an action for failure to act (Untätigkeitsklage) can be brought before the competent administrative court (if a German embassy has failed to decide within three months, the administrative court in Berlin has jurisdiction). In most cases, the foreign citizens’ authority will then react. If the foreign citizens’ authority still fails to respond, the court will decide on the application for a residence permit. For this purpose, the foreign citizen can consult a lawyer for foreign citizens’ law .
What is an action for failure to act?
An action for failure to act is lodged so that the court can oblige the foreign citizens’ authority to issue the residence title. This is stipulated in section 75 of the German Code of Administrative Court Procedure (Verwaltungsgerichtsordnung – VwGO) according to which the authority has a maximum of three months to decide on the application – unless it has an adequate reason not to do so. A personnel shortage at the foreign citizens’ authority or embassy is not considered adequate reason. The authority must ensure that it has the capacities to decide on the application swiftly.
What does an action for failure to act under foreign citizens’ law cost?
It depends a bit on the course of the proceedings. However, you should expect fees of 500 to 1,000 euros.
Important Note: This article has been prepared by mth Tieben & Partner for general information purposes only. Mth Tieben & Partner does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de
Lawyers in Cologne provide legal advice on German immigration law.
