How to file a failure to act lawsuit (Untätigkeitsklage) for a family reunion visa delay

Key Takeaways

• A failure to act lawsuit is possible if the German mission has not decided within a reasonable time and has no good reason.
• You cannot file a lawsuit over a family reunion visa delay before three months have passed since your application.
• An Untätigkeitsklage is filed with the Berlin Administrative Court when the visa application is handled by a German mission abroad.
• A successful failure to act lawsuit leads to a court order on your family reunion visa application, but it does not guarantee approval.

This is how you do it

1. Wait three months after submitting your family reunion visa application.
2. Gather your visa records and correspondence with the German mission.
3. Write your failure to act lawsuit in German.
4. File your lawsuit with the Berlin Administrative Court.
5. Follow the court proceedings and meet any deadlines.

Table of contents

A failure to act lawsuit (Untätigkeitsklage) takes your delayed family reunion visa application to court when the German mission has not made a decision despite a long delay.

You can file a failure to act lawsuit (Untätigkeitsklage) if it meets these prerequisites:

• The German mission has not decided on your family reunion visa in a reasonable time
• There is no sufficient reason behind the German mission’s delay

How do you file an Untätigkeitsklage for a family reunion visa delay?

You file the lawsuit yourself as the visa applicant. The defendant is the Federal Republic of Germany or the German government, which the Federal Foreign Office represents in court.

Follow these six steps to file your Untätigkeitsklage for a family reunion visa delay in Germany.

Step 1: Wait three months from your family reunion visa application

You cannot file an Untätigkeitsklage before three months have passed since you applied for a family reunion visa, unless special circumstances of your case call for a shorter wait (Section 75 of the Administrative Court Procedure Code (VwGO)).

The German mission must also have failed to decide on your visa application without good reason.

Step 2: Gather your family reunion visa records

Your complaint should name your evidence, so list each record in it and say what it shows.

Useful records include:

• The confirmation of your online visa application, if you applied online. It shows your submission date.
• The confirmation of your appointment at the German mission, if you had one.
• Letters and emails from the German mission, including any request for more documents.
• Your own letters and emails to the German mission, such as a status inquiry.

Step 3: Write your family reunion visa complaint

Your family reunion visa complaint must name three things (§ 82 VwGO):

• You as the claimant.
• The Federal Republic of Germany as the defendant.
• Family reunion visa as the subject of your claim.

The complaint should also include a specific request that the court order the German mission to issue the family reunification visa you applied for. State the facts of your case and name your evidence.

Write the complaint in German, the language of the court.

Make sure your complaint includes all required information. If your complaint is missing something, the court can ask you to add it by a deadline it sets.

If the claimant, defendant or subject is missing, the court can set a cut-off deadline (ausschließende Wirkung) (§ 82(2) VwGO). After it passes, you can no longer add the missing detail.

Step 4: File your failure to act lawsuit with the Berlin Administrative Court

If your family reunion visa application is handled by a German embassy or consulate abroad, you should file your failure to act lawsuit with the Berlin Administrative Court.

Under § 52(2) VwGO, claims involving German diplomatic or consular missions abroad generally fall under the administrative court where the Federal Government is based, which is Berlin.

If your case concerns a local immigration office (Ausländerbehörde) in Germany, a different administrative court may be responsible.

How can you file your failure to act lawsuit for a family reunion visa delay?

You can file your lawsuit in person at the Berlin Administrative Court in two ways:

• Submit your written lawsuit: Bring your written and signed lawsuit to the Berlin Administrative Court and submit it at the court’s post office (Poststelle).
• Have the court record your lawsuit: Visit the Office for Filing Legal Actions (Rechtsantragstelle), where the court can record your lawsuit for you. An appointment is required.

You can also file your lawsuit without going to court:

• By post or fax: Send your signed lawsuit to the Berlin Administrative Court.
• Electronically: You can file via Mein Justizpostfach or another recognised secure EGVP route. However, you must meet the required signature and security requirements. An ordinary email is not accepted.

NOTE: You are not required to file with a lawyer (§ 67(1) VwGO). However, it’s recommended to hire an immigration lawyer, or at least consult one because the process is complex and in German.

What happens after you file a failure to act lawsuit over a family reunion visa delay?

After you file a failure to act lawsuit over a family reunion visa delay, the Federal Foreign Office handles the case for the German government.

Once your failure to act lawsuit is pending:

• The Federal Foreign Office receives a copy of your lawsuit and communicates with the court.
• The court asks the Federal Foreign Office to submit your visa application file and explain why your application has not yet been decided.

What does winning a failure to act lawsuit mean for your family reunion visa?

Winning a failure to act lawsuit does not always mean you will immediately receive your family reunion visa.

If you win, the court can make one of two orders under § 113(5) VwGO for the German mission :

• To issue the visa if your case is ready for a final decision.
• To decide on your application again, following the court’s legal assessment.

If the court orders the German mission to issue the visa, the Federal Foreign Office first checks whether it will appeal the judgment.

If the Federal Foreign Office does not appeal, the judgment becomes final, and the German mission must issue the visa without delay.

What happens if you lose a failure to act lawsuit?

If the Berlin Administrative Court dismisses your Untätigkeitsklage, it will not order the German mission to issue your family reunion visa or make the decision you requested.

The court will send you a written judgment explaining its decision. Read the legal-remedy instructions (Rechtsmittelbelehrung) for information on whether you can challenge the decision and the relevant deadlines.

You will also have to pay the legal costs if you lose the case.

Losing the lawsuit does not necessarily prevent you from applying for a family reunion visa again. If you can fix the issue that led to the outcome, you may be able to submit a new application.

What does an Untätigkeitsklage over a family reunion visa delay cost?

The costs of a failure to act lawsuit can include:

• Court costs
• Necessary expenses of the parties
• Lawyer’s fees and expenses, if you have a lawyer

Under § 162 VwGO, these costs can be reimbursed depending on the outcome of the case.

Who pays the costs of an Untätigkeitsklage?

The German mission may have to cover your legal costs if you had good reason to expect a decision before filing the lawsuit, such as

• You had already waited for a reasonable amount of time for a decision, and
• There was no sufficient reason for the delay.

If the German mission makes a decision after you file the lawsuit, the case can end because a decision has now been made. The court will then decide who pays the costs.

However, you pay the costs in situations such as

• You lose the lawsuit.
• You file the lawsuit too early.
• The German mission had a sufficient reason for the delay, or you could not reasonably expect a decision yet.

FAQ

References

• § 75 Verwaltungsgerichtsordnung (VwGO)
• § 82 VwGO
• § 161 VwGO
• § 31 Aufenthaltsverordnung (AufenthV)
• Auswärtiges Amt, Visumhandbuch
• Visumhandbuch, Verwaltungsstreitverfahren, May 2026