File an Untätigkeitsklage
Take action when the Ausländerbehörde doesn’t respond
- Our legal team will review your case for free.
- We will inform if Untätigkeitsklage makes sense
- We try to resolve the issue out-of-court
Visa Types We Support
German Citizenship
Permanent Residence
Blue Card
Family Reunion
How it Works
Free Case Assessment
Filing the Untätigkeitsklage
Submit Your Documents
We Handle The Process
Assess Your Case For Free
Meet Your Immigration Lawyer
- Practicing law since 2016
- More than 100 successful court cases
- Offers advice in English, German, and Russian
- Specialised in immigration law
- Supporting expats for more than five years
Known From
Don't Put Your Future on Hold
What Our Clients Say
That’s when I found this service. Mr. Spirin reviewed my case carefully, explained what an Untätigkeitsklage is, and checked whether it made sense to file one. They filed the lawsuit on my behalf, kept me updated, and handled all communication with the court. Within a few weeks, the authorities finally responded and processed my application. I honestly didn’t expect such quick results.
I’ve already recommended them to two friends in the same situation.
He looked at my situation carefully and advised against filing a lawsuit because it wouldn’t help at that point. He told me to send a letter to request an answer from the authorities instead.
Highly recommend him to everyone.
Frequently Asked Questions
What is an Untätigkeitsklage?
An Untätigkeitsklage (“action for failure to act”) is a lawsuit you file at the administrative court (Verwaltungsgericht) when an authority sits on your application without deciding it. It doesn’t ask the court to grant you the permit directly — it asks the court to make the authority finally do its job.
In immigration cases, the authority is usually the Ausländerbehörde, but it can also be the Bundesverwaltungsamt (citizenship), a Standesamt, or a German embassy.
When can I file an Untätigkeitsklage?
The general rule under § 75 VwGO is three months. If you filed a complete application or an objection (Widerspruch) and the authority hasn’t decided within three months without a good reason, you can go to court.
Shorter waits can qualify in special circumstances — for example if a job offer, a visa expiry, or a family separation is about to cause you serious harm. Longer waits are sometimes accepted by courts if the authority has a legitimate reason for the delay, such as a pending security check.
What can the court actually order?
Depending on your case, the court can:
- order the authority to decide your application within a set deadline, or
- decide the substance itself and order the authority to issue the permit, where the legal requirements are clearly met and no discretion is involved.
What a court cannot do is guarantee a positive decision in a case where you don’t meet the requirements. If your application is weak on the merits, forcing a decision may simply produce a faster rejection and we will tell you that before you spend money.
Will filing a lawsuit make the Ausländerbehörde treat me badly?
No. This is the fear we hear most often, and it isn’t how the system works. Officials are bound by law, not by mood, and processing your application faster is exactly what the court obliges them to do. A decision on your permit has to be made on the legal requirements alone.
Filing a claim is a normal, routine legal step in Germany.
What does winning the lawsuit means?
Winning the lawsuit means that the immigration authorities made a decision. The decision could be in your favor or against.
This means that as soon as you get a decision from the authorities, you win the lawsuit.
You are eligible to request reimbursement for your legal fees and court costs after winning the lawsuit. Our legal team will do this on your behalf.
Do I get the legal fees back after winning the lawsuit?
In Germany, if you win a lawsuit, the opposing party (in this case, the immigration office) typically covers your legal fees, including court and lawyer costs. However, the specifics can depend on the individual case and ruling.
It’s always best to confirm with your lawyer for details specific to your situation.
Does my legal insurance cover the cost of the lawsuit?
Whether your legal insurance covers the cost of a lawsuit against the immigration office depends on your policy.
Some legal insurance plans in Germany include coverage for administrative law cases, which may apply to citizenship or visa delays.
You should contact your legal insurance provider to confirm if they cover the legal costs for Untätigkeitsklage for visa delays.
What is the difference between Untätigkeitsklage and einstweiliger Rechtsschutz?
An Untätigkeitsklage is the standard route: it resolves the delay properly, and takes weeks to months.
Einstweiliger Rechtsschutz (provisional injunctive relief) is the emergency route, used when waiting itself will cause you irreversible harm. E.g., you’re about to lose a job offer, your Fiktionsbescheinigung is expiring, a family member is stuck abroad. It’s much faster, but the court has to accept that your situation is genuinely urgent.
The two are not mutually exclusive, and in the right case filing both applies real pressure. Which route fits you is a strategic decision. We explain you what strategy makes sense in your situation in the beginning.
Which cases do you handle?
Any delay in a German immigration matter, including:
- German citizenship (Einbürgerung)
- Permanent residence (Niederlassungserlaubnis, Daueraufenthalt-EU)
- Blue Card and work permits
- Family reunification and spouse visas
- Residence permit extensions and change of purpose
- Settlement of EU/EEA family members
- Delayed appointments and unanswered Widerspruch
If you’re not sure your situation fits, ask. The assessment is free either way.
Do I have to appear in court?
Usually not. So far, we haven’t seen a case where a court hearing is scheduled.
Most delay cases are resolved in writing or end once the authority decides. Personal attendance is rarely required.
Do I have to be in Germany to file an Untätigkeitsklage?
No. We act for clients waiting on embassy visa decisions and family reunification cases from outside Germany. Everything runs through secure document upload, email, and video calls.