The Ausländerbehörde is taking too long to process your application. Deadlines pass, plans are put on hold, and you receive no information. If you have been waiting an unreasonable amount of time for a decision from the Immigration Office or another administrative body, you have a legal right to take action. This is where an Untätigkeitsklage, or an action for failure to act, can help.
This guide explains what an Untätigkeitsklage is, when you can file one, and how the process works. We provide clear, step-by-step instructions to help you move forward.
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What is an Untätigkeitsklage?
An Untätigkeitsklage is a lawsuit you file against a German authority for failing to make a decision on your application within a reasonable time. The primary goal is not to force a specific outcome, but to compel the authority to act and issue a decision.
The legal basis for this action in administrative law is § 75 of the Administrative Court Code (Verwaltungsgerichtsordnung – VwGO). This law states that if an authority fails to decide on an application for an administrative act without a valid reason, you can file a lawsuit (§ 75 VwGO). Similar provisions exist for social courts (§ 88 SGG) and fiscal courts (§ 46 FGO), but this guide focuses on administrative cases, which include immigration matters.
When Can You File an Untätigkeitsklage?
You can file a lawsuit for inaction once a specific waiting period has passed.
The Three-Month Rule: You can generally file a claim three months after you submitted your application (§ 75 VwGO). This period is considered a reasonable time for the authority to process your case.
Exceptions to the Rule: In some situations, you may file sooner. If special circumstances make a shorter waiting period justifiable (for example, an urgent job offer depends on a visa decision), the court might accept your case earlier. Conversely, if the authority has a valid reason for the delay, such as a complex legal situation or a high volume of applications, the court may consider a longer waiting period reasonable.
An Untätigkeitsklage is admissible only if the authority has genuinely failed to act. This means there has been no decision on your application—neither an approval nor a rejection.
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Prerequisites: What to Do Before Filing a Lawsuit
Before you proceed to court, build a solid case. The court needs proof that you submitted an application and that the authority failed to respond.
1. Gather Your Evidence
Collect all documents related to your application:
- Copy of your complete application
- Proof of submission (confirmation email, postal receipt, or official acknowledgment)
- Detailed timeline of all communication (dates of phone calls, emails, and letters)
- Copies of all correspondence between you and the authority
2. Send a Formal Reminder
Send a formal reminder letter (Erinnerung). This demonstrates to the court that you made a good-faith effort to resolve the issue directly. A reminder strengthens your position by showing the authority was aware of the delay.
Here is a template for a reminder letter:
Subject: Reminder Regarding Application for [Your Application Type, e.g., Residence Permit] dated [Date of Application] – Application No. [Your Application Number]
Dear Sir or Madam,
I am writing to inquire about the status of my application for a [Your Application Type], which I submitted on [Date of Application].
I have not received a decision or any communication regarding the progress of my application. The legally stipulated processing period has now passed.
I request that you process my application and inform me of your decision promptly. I am setting a final deadline of two weeks from the date of this letter for a response.
Should I not receive a decision by this deadline, I will consider taking legal action.
Thank you for your attention to this matter.
Sincerely,
[Your Full Name]
Send this letter via registered mail (Einschreiben mit Rückschein) to have proof of delivery.
How to File an Untätigkeitsklage: Step-by-Step Guide
If the authority still does not respond after your reminder, proceed with filing the lawsuit.
Step 1: Identify the Competent Court
File the lawsuit at the administrative court (Verwaltungsgericht) responsible for the district where the authority is located. For example, if you are dealing with the Ausländerbehörde in Berlin, file your claim at the Verwaltungsgericht Berlin.
Step 2: Prepare the Statement of Claim (Klageschrift)
Your lawsuit begins with a formal document called a Klageschrift. This document must be written in German and contain specific information:
- Your Information: Your full name and address (the plaintiff, or Kläger)
- Defendant’s Information: The name and address of the authority you are suing (the defendant, or Beklagter)
- The Court: The name and address of the administrative court
- Clear Applications (Anträge): State exactly what you want the court to do
Here is an example of how to phrase your applications:
An das Verwaltungsgericht [Name and Address of the Court]
Klageschrift
des Herrn/der Frau [Your Full Name], [Your Address]
– Kläger/in –
gegen
[Name of the Authority, e.g., Land Berlin, vertreten durch das Landesamt für Einwanderung], [Address of the Authority]
– Beklagte/r –
Ich erhebe Klage und beantrage:
- Die Beklagte wird verpflichtet, über meinen Antrag auf [Type of Application, e.g., Erteilung einer Aufenthaltserlaubnis] vom [Date of Application] zu entscheiden.
- Die Kosten des Verfahrens trägt die Beklagte.
Translation:
I hereby file a lawsuit and apply for the following:
- To oblige the defendant to decide on my application for [Type of Application] dated [Date of Application].
- The defendant shall bear the costs of the proceedings.
Step 3: Write the Statement of Facts and Grounds (Begründung)
Following the applications, explain the situation. Clearly and chronologically describe the facts:
- When and how you submitted your application
- The lack of a decision from the authority
- Any attempts you made to follow up (your reminder letter)
- Why the delay is unreasonable
Step 4: Attach All Necessary Documents (Anlagen)
Include copies of all evidence you gathered as annexes (Anlagen). This includes your application, proof of submission, the reminder letter, and any other relevant correspondence.
Step 5: File the Lawsuit
You can file the lawsuit in two ways:
- Paper Form: Submit two signed copies of the Klageschrift and its annexes to the court, either in person or by mail
- Electronic Filing: If you have the necessary technical setup, you can file electronically through Germany’s official e-justice system (besonderes elektronisches Anwaltspostfach, or beA)
Court Fees and Legal Costs
Filing a lawsuit involves costs. You must pay court fees in advance. If you win the case (the court orders the authority to act), the authority will reimburse you for these fees.
If you lose, you bear the costs. If you have low income, you can apply for legal aid (Prozesskostenhilfe), which may cover court fees and attorney costs.
What Happens After You File the Lawsuit?
Once the court receives your claim, it forwards it to the authority. Often, filing a lawsuit prompts the authority to process your application quickly to avoid a negative court judgment.
Typical outcomes include:
- The Authority Issues a Decision: If the authority makes a decision (positive or negative) after you file the suit, the primary purpose of your lawsuit is fulfilled. The case can then be declared settled (erledigt), and the authority usually pays the court costs.
- The Court Issues an Order: If the authority remains inactive, the court can issue a judgment ordering it to decide on your application.
- Judgment on the Merits: In rare cases where your application is “ripe for decision” (Spruchreife), the court might even rule on the substance of your application itself.
Common Pitfalls and How to Avoid Them
- Filing Too Early: Filing before the three-month period passes without a special reason will likely lead to your case being dismissed
- Missing Evidence: A claim without proof of application and delay is weak. Keep meticulous records
- Formal Errors in the Claim: The Klageschrift has formal requirements. Errors can cause delays. Check local court rules, as requirements can differ slightly by state (Bundesland)
- Misunderstanding the Goal: The goal is to force a decision, not necessarily a positive one. Be prepared for any outcome
Frequently Asked Questions
Yes, you can file a lawsuit at an administrative court without a lawyer. However, the process is formal and must be done in German. An error could weaken your case.
No. You are exercising your legal right. The authority is legally obligated to process your application based on its merits, not based on whether you filed a lawsuit.
If you receive a rejection, the Untätigkeitsklage is considered resolved because a decision has been made. You would then need to decide whether to file a different type of lawsuit (Verpflichtungsklage) to challenge the rejection itself.